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1999 SESSION
992450144Patrons-- Ticer, Gartlan, Howell, Mims, Whipple and Woods; Delegates: Albo, Almand, Brink, Callahan, Darner, Keating, Plum, Scott and Watts
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-833.01 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-833.01. (Effective until July 1, 2005) Liability for failure to obey red traffic light signals; pilot program in certain localities.
A. The governing body of any city having a population of more than 390,000, any
city having a population of at least 200,000 but less than 225,000, any county
having the urban county executive form of government, any county adjacent to
such county, and any city or town adjacent to or surrounded by such county
except any county having the county executive form of government and the cities
surrounded by such county may provide by ordinance for the establishment of a
demonstration program imposing monetary liability on the operator of a motor
vehicle for failure to comply with obey red traffic light signals in such
locality in accordance with the provisions of this section as required by §§
46.2-833, 46.2-835, 46.2-836 or any similar local ordinance adopted in
accordance with § 46.2-1300. Each such locality may install and
operate traffic light signal photo-monitoring systems at no more than twenty-five intersections
within each locality at any one time.
B. The operator of a vehicle shall be liable for a monetary penalty imposed
pursuant to this section if such vehicle is found, as evidenced by information
obtained from a traffic light signal violation monitoring system, to have
failed to comply with obey a red traffic light signal within such locality.
C. Proof of a violation of this section a red traffic light signal shall be
evidenced by information obtained from a traffic light signal violation monitoring system authorized
pursuant to this section. A certificate, sworn to or affirmed by a technician employed by a locality
authorized to impose penalties pursuant to this section, or a facsimile
thereof, based upon inspection of photographs, microphotographs, videotape, or
other recorded images produced by a traffic light signal violation monitoring
system, shall be prima facie evidence of the facts contained therein. Any
photographs, microphotographs, videotape, or other recorded images evidencing
such a violation shall be available for inspection in any proceeding to
adjudicate the liability for such violation pursuant to an ordinance adopted
pursuant to this section.
D. In the prosecution of an offense established under this section a violation
of a red traffic light signal using data obtained through a traffic light
signal monitoring system, prima facie evidence that the vehicle described in
the summons issued pursuant to this section was operated in violation of this
section failed to obey a red traffic light signal, together with proof that the
defendant was at the time of such violation either the registered owner or
lessee of the vehicle, shall constitute in evidence a rebuttable presumption
that such registered owner or lessee of the vehicle was the person who
committed the violation. Such presumption shall be rebutted if the registered owner
or the lessee of the vehicle (i) files an affidavit by regular mail with
the clerk of the general district court that he or she was not the operator of the
vehicle at the time of the alleged violation or (ii) testifies in open court under
oath that he or she was not the operator of the vehicle at the time of the
alleged violation. Such presumption shall also be rebutted if a certified copy
of a police report, showing that the vehicle had been reported to the police as
stolen prior to the time of the alleged violation of this section, is
presented, prior to the return date established on the summons issued pursuant to this
section, to the court adjudicating the alleged violation.
E. For purposes of this section "owner" means the registered owner of such
vehicle on record with the Department of Motor Vehicles. For purposes of this
section "owner" does not mean a vehicle rental or vehicle leasing company. For
purposes of this section, "traffic light signal violation-monitoring violation
monitoring system" means a vehicle sensor installed to work in conjunction with
a traffic light that automatically produces two or more photographs, two or more
microphotographs, a videotape, or other recorded images of each vehicle at the time
it is used or operated in violation of this section.
F. Imposition of a penalty pursuant to an ordinance adopted pursuant to this section shall not be deemed a conviction as an operator and shall not be made part of the operating record of the person upon whom such liability is imposed nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage. No monetary penalty imposed under this section shall exceed fifty dollars nor shall it include court costs.
G. A summons for a violation of this section a red traffic light signal
monitored by a traffic light signal monitoring system may be
executed pursuant to § 19.2-76.2. Notwithstanding the provisions of § 19.2-76,
a summons for a violation of this section a red traffic light signal monitored
by a traffic light signal monitoring system may be executed by mailing by
first-class mail a copy thereof to the address of the owner of the vehicle as shown
on the records of the Department of Motor Vehicles or to the leasing company
that owns the vehicle. If the leasing company has leased that vehicle to an
individual person, then the leasing company shall return the summons to the
locality that executed the summons together with the name and address of the
lessee of the leased vehicle, and the locality may execute a second summons by
mailing by first-class mail a copy thereof to the address of the lessee
of that vehicle. If the summoned person fails to appear on the date of return
set out in the summons mailed pursuant to this section, the summons shall be executed
in the manner set out in § 19.2-76.3. No proceedings for contempt or arrest of
a person summoned by mailing shall be instituted for failure to appear on the return
date of the summons.
H. In any action at law brought by any person or entity as the result of
personal injury or death or damage to property, such evidence derived from a
photo-monitoring system shall be admissible in the same method prescribed as
required in for the prosecution of an offense established under this section a
violation of a red traffic light signal monitored by a traffic light signal
monitoring system without the requirements of authentication as otherwise
required by law.
I. On behalf of a locality, a private entity may not obtain records regarding the registered owners of vehicles which fail to comply with traffic light signals. A private entity may enter into an agreement with a locality to be compensated for providing the traffic light signal violation monitor system or equipment, and all related support services, to include consulting, operations and administration. However, only an employee of the locality may swear to or affirm the certificate required by subsection C.
J. The provisions of this section shall expire on July 1, 2005.