46.2-882 - Determining speed with various devices; certificate as to accuracy of device; arrest without warrant.
§ 46.2-882. Determining speed with various devices; certificate as toaccuracy of device; arrest without warrant.
The speed of any motor vehicle may be determined by the use of (i) a laserspeed determination device, (ii) radar, (iii) a microcomputer device that isphysically connected to an odometer cable and both measures and recordsdistance traveled and elapsed time to determine the average speed of a motorvehicle, or (iv) a microcomputer device that is located aboard an airplane orhelicopter and measures and records distance traveled and elapsed time todetermine the average speed of a motor vehicle being operated on highwayswithin the Interstate System of highways as defined in § 33.1-48. The resultsof such determinations shall be accepted as prima facie evidence of the speedof such motor vehicle in any court or legal proceeding where the speed of themotor vehicle is at issue.
In any court or legal proceeding in which any question arises about thecalibration or accuracy of any laser speed determination device, radar, ormicrocomputer device as described in this section used to determine the speedof any motor vehicle, a certificate, or a true copy thereof, showing thecalibration or accuracy of (i) the speedometer of any vehicle, (ii) anytuning fork employed in calibrating or testing the radar or other speeddetermination device or (iii) any other method employed in calibrating ortesting any laser speed determination device, and when and by whom thecalibration was made, shall be admissible as evidence of the facts thereinstated. No calibration or testing of such device shall be valid for longerthan six months.
The driver of any such motor vehicle may be arrested without a warrant underthis section if the arresting officer is in uniform and displays his badge ofauthority and if the officer has observed the registration of the speed ofsuch motor vehicle by the laser speed determination device, radar, ormicrocomputer device as described in this section, or has received a radiomessage from the officer who observed the speed of the motor vehicleregistered by the laser speed determination device, radar, or microcomputerdevice as described in this section. However, in case of an arrest based onsuch a message, such radio message shall have been dispatched immediatelyafter the speed of the motor vehicle was registered and furnished the licensenumber or other positive identification of the vehicle and the registeredspeed to the arresting officer.
Neither State Police officers nor local law-enforcement officers shall uselaser speed determination devices or radar, as described herein in airplanesor helicopters for the purpose of determining the speed of motor vehicles.
State Police officers may use laser speed determination devices, radar,and/or microcomputer devices as described in this section. All localities mayuse radar and laser speed determination devices to measure speed. The Citiesof Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park and theCounties of Arlington, Fairfax, Loudoun, and Prince William and towns withinsuch counties may use microcomputer devices as described in this section.
The Division of Purchases and Supply, pursuant to § 2.2-1112, shall determinethe proper equipment used to determine the speed of motor vehicles and shalladvise the respective law-enforcement officials of the same. Police chiefsand sheriffs shall ensure that all such equipment and devices purchased on orafter July 1, 1986, meet or exceed the standards established by the Division.
(Code 1950, § 46-215.2; 1954, c. 313; 1956, c. 216; 1958, c. 541, § 46.1-198;1966, c. 585; 1968, c. 497; 1974, c. 554; 1984, c. 357; 1986, c. 530; 1988,c. 712; 1989, c. 727; 1990, cc. 691, 974; 1991, c. 345; 1994, c. 734; 1997,c. 33; 1998, c. 423; 1999, cc. 693, 694, 698, 724, 729, 733; 2000, cc. 354,357, 365; 2002, c. 109; 2003, cc. 608, 965; 2006, c. 930; 2007, c. 231.)