HB 994

Photo speed monitoring devices; placement and operation. Authorizes the governing body of any locality to provide by ordinance for the placement and operation of a photo speed monitoring device by a law-enforcement agency in a safety red zone, defined in the bill, for the purpose of recording vehicle speed violations in such safety red zone. 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, and reporting. The bill imposes additional requirements on private vendors and requires them to comply with all requirements regarding photo speed monitoring devices. 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 render such summons invalid. The bill also provides that, in any court proceeding for the failure of a locality or a private vendor acting on its behalf to comply with the requirements for the operation of photo speed monitoring devices, such locality shall waive its sovereign immunity in such proceeding. 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 photographs, microphotographs, videotapes, or other recorded images or documentation on which it is based depict or confirm, or the operator of the photo speed monitoring device provides a sworn certification verifying, that workers were present and visible in any direction from the location of such device at the time of the vehicle speed violation. The bill directs the Commissioner of Highways to develop criteria for designating a highway segment as a high-risk pedestrian corridor for purposes of identifying safety red zones. The bill contains delayed effective dates for certain provisions.