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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
1994 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-882 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-882. Determining speed with various devices; certificate as to accuracy of device; arrest without warrant.
The speed of any motor vehicle may be checked determined by the
use of (i) a laser speed detection device, (ii) radar, or
(iii) an electrical or a microcomputer device which is
physically connected to an odometer cable and which both measures and
records distance traveled and elapsed time to determine the average speed of
a motor vehicle. The results of such checks determinations
shall be accepted as prima facie evidence of the speed of such motor vehicle
in any court or legal proceeding where the speed of the motor vehicle is at
issue.
In any court or legal proceeding in which any question arises about the
calibration or accuracy of any laser speed detection device, radar,
electrical, or microcomputer device as defined described
in this section used to check determine the speed of any motor
vehicle, a certificate, or a true copy thereof, showing the calibration or
accuracy of the speedometer of any vehicle or of any tuning fork employed in
calibrating or testing the device, and when and by whom the calibration was
made, shall be admissible as evidence of the facts therein stated. No
calibration or testing of such device shall be valid for longer than six
months.
The driver of any such motor vehicle may be arrested without a warrant under
this section if the arresting officer is in uniform and displays his badge of
authority and if the officer has observed the registration of the speed of
such motor vehicle by the laser speed detection device, radar,
electrical, or microcomputer device as defined described
in this section, or has received a radio message from the officer who
observed the speed of the motor vehicle registered by the laser speed
detection device, radar, electrical, or microcomputer device as
defined described in this section. However, in case of an
arrest based on such a message, such radio message shall have been dispatched
immediately after the speed of the motor vehicle was registered and furnished
the license number or other positive identification of the vehicle and the
registered speed to the arresting officer.
Law-enforcement officers shall not have the authority to utilize
use laser speed detection devices, radar, electrical, or
microcomputer devices as defined described herein in airplanes
or helicopters for the purpose of determining the speed of motor vehicles.
Counties, cities, and towns may use radar or other electrical
devices but not laser speed detection devices to measure speed and
the Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park
and the Counties of Arlington, Fairfax, Loudoun, and Prince William and towns
within such counties may use microcomputer devices as defined
described in this section.
The Division of Purchases and Supply, pursuant to § 2.1-446, shall determine
the proper equipment or electrical devices used to measure
determine the speed of motor vehicles and shall advise the respective
law-enforcement officials of the same. Police chiefs and sheriffs shall
ensure that all such equipment and devices purchased on or after July 1,
1986, meet or exceed the standards established by the Division.
The Department of State Police shall acquire no more than two microcomputer
devices as defined described herein. Law-enforcement officers
utilizing microcomputer devices or laser speed detection devices as
provided for in this section shall, on request of any affected motorist,
permit such motorist to observe the reading on the device.