Virginia SB 219

Photo speed monitoring devices; placement and operation; summons. Requires a second summons for a vehicle speed violation captured by a photo speed monitoring device to be mailed if a summoned person fails to appear on the date of return set out in the first summons mailed. If the summoned person fails to appear after the second summons, the bill requires the Commissioner of the Department of Motor Vehicles to refuse to issue or renew the vehicle registration certificate or the license plate issued for such vehicle until the required civil penalties and any administrative fees have been paid and any applicable reinstatement processes required by the Department of Motor Vehicles have been completed. The bill directs the Supreme Court of Virginia to develop a summons for vehicle speed violations captured by photo speed monitoring devices and requires summonses issued for such vehicle speed violations to be such summons. The bill makes various changes to the requirements for the use of photo speed monitoring devices, including the use of funds from collected civil penalties, signage, data retention and storage, photo speed monitoring device calibration, making certain information available to the public, requirements for private vendors, and reporting. The bill establishes civil penalties for violations of requirements and provides that, for any summons issued, failure to comply with the requirements for the operation of photo speed monitoring devices renders such summons invalid and requires courts to dismiss such summons. The bill provides that any person against whom an enforcement action is carried out by a locality or law-enforcement agency, pursuant to the authority granted for the use of photo speed monitoring devices, where the enforcement action was based upon a willful disregard for applicable law, shall be entitled to an award of compensatory damages and to an order remanding the matter to the locality with a direction to carry out any further enforcement in a manner consistent with the law and may be entitled to reasonable attorney fees and court costs. The bill also provides that if a locality fails to comply with such an order, the court may order that the locality shall be ineligible to receive any funds collected from enforcement using photo speed monitoring devices, in excess of those used for its photo speed monitoring device program, and that the court shall order that any such excess funds be deposited in the Virginia Highway Safety Improvement Program until the locality comes into compliance with such order. The bill also limits the use of photo speed monitoring devices in highway work zones to when workers are present, as defined in the bill, and provides that a certificate sworn to or affirmed by a law-enforcement officer or a retired sworn law-enforcement officer is not prima facie evidence of the facts contained therein for a photo speed monitoring device placed in a highway work zone unless the operator of the photo speed monitoring device provides a sworn certification verifying that workers were present at the time of the vehicle speed violation. The bill contains delayed effective dates for certain provisions.