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Developed and maintained by the Division of Legislative Automated Systems.
1999 SESSION
996730745Be 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. An ordinance adopted pursuant to this section may provide that uncontested payment of penalties be collected and accounted for by a local administrative official or officials who shall be compensated by the locality.
I. 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. J. 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 monitoring 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. K. The provisions of this section shall expire on July 1, 2005.