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Developed and maintained by the Division of Legislative Automated Systems.
1998 SESSION
980178655Be 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 determined by the use of (i) a laser
speed detection determination device, (ii) radar, or
(iii) a microcomputer device that is physically connected to an odometer cable
and both measures and records distance traveled and elapsed time to determine
the average speed of a motor vehicle. The results of such 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
determination device, radar, or microcomputer device as described in
this section used to 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 determination
device, radar, or microcomputer device as 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 determination
device, radar, or microcomputer device as 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 use laser speed
detection determination devices, radar, or microcomputer
devices as described herein in airplanes or helicopters for the purpose of
determining the speed of motor vehicles.
Counties, cities, and towns may use radar [ but not
and/or but not ] laser speed
detection determination 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 described in this
section. [ Counties, cities, and towns within the boundaries of Planning
District Number Eight, the City of Roanoke, and the County of Roanoke may use
laser speed determination devices, notwithstanding the foregoing provisions of
this section. ]
The Division of Purchases and Supply, pursuant to § 2.1-446, shall determine the proper equipment used to 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 described herein. Law-enforcement officers utilizing microcomputer
devices or laser speed detection determination devices as
provided for in this section shall, on request of any affected motorist, permit
such motorist to observe the reading on the device.