HB583: Mobile infrared transmitters; allows local governments to use devices to change traffic lights.
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-1077.1 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-1077.1. Mobile infrared transmitters.
A. It shall be unlawful for any person to operate a motor vehicle on the highways of the Commonwealth when such vehicle is equipped with a mobile infrared transmitter or any other device or mechanism, passive or active, used to preempt or change the signal given by a traffic light so as to give the right-of-way to the vehicle equipped with such device. It shall be unlawful to use any such device or mechanism on any such motor vehicle on the highways. It shall be unlawful to sell any such device or mechanism in the Commonwealth, except for uses permitted under this section. In addition, the provisions of this section shall not apply to any law-enforcement, fire-fighting, life-saving, or rescue vehicle or ambulance agencies serving as a designated emergency response agency while responding to an emergency call or operating in an emergency situation or any vehicle providing public transportation service in a corridor approved for public transportation priority by the Virginia Department of Transportation or the governing body of any county, city, or town having control of the highways within its boundaries.
The governing body of any county, city, or town having control of the highways within its boundaries shall maintain control over the receivers for traffic signal control preemption devices such as a mobile infrared transmitter or any other device or mechanism, passive or active, used to preempt or change the signal given by a traffic light so as to give the right-of-way to the vehicle equipped with such device. The governing body of any county, city, or town having control of the highways within its boundaries shall have the authority to approve or disapprove the use of traffic signal control preemption devices within its boundaries unless explicitly provided for within the exceptions noted above in this subsection or by such formal agreements known as mutual aid agreements or by resolution.
This section shall not be construed to authorize the forfeiture to the Commonwealth of any such device or mechanism. Any such device or mechanism may be taken by the arresting officer if needed as evidence, and, when no longer needed, shall be returned to the person charged with a violation of this section, or at that person's request and his expense, mailed to an address specified by him. Any unclaimed devices may be destroyed on court order after six months have elapsed from the final date for filing an appeal.
Except as provided in subsection B of
this section, the presence of any such prohibited device or
mechanism in or on a motor vehicle on the highways of the Commonwealth shall
constitute prima facie evidence of the violation of this section. The
Commonwealth need not prove that the device or mechanism in question was in an
operative condition or being operated.
B. A person shall not be guilty of a violation of this section when the device or mechanism in question, at the time of the alleged offense, had no power source and was not readily accessible for use by the driver or any passenger in the vehicle.
C. No demerit points shall be awarded by the Commissioner for violations of this section.