PURPOSE OF REPORT

Effective July 1, 2020, the Virginia Department of State Police, Criminal Justice Information Services Division, Uniform Crime Reporting Section began the collection of photo speed monitoring device civil penalty data, as required by the 2020 Virginia Acts of Assembly, Chapter 1232. The Act amended and reenacted §§ 46.2-208 and 46.2-882 of the Code of Virginia and added § 46.2-882.1 relating to use of photo speed monitoring devices in highway work zones and school crossing zones.

This statute authorizes state and local law-enforcement agencies to use photo speed monitoring devices in school crossing zones, highway work zones, and high-risk intersection segments to enforce speed limits. A high-risk intersection segment is defined as an area within 1,000 feet of school property at a marked crosswalk where a traffic fatality has occurred since January 1, 2014. Photo speed monitoring devices use radar or LIDAR to capture images or video of speeding vehicles. Civil penalties apply when a vehicle exceeds the posted speed limit by at least 10 mph, with fines capped at $100. Penalties are civil, not criminal, and do not affect driving records or insurance unless a summons is issued in person by an officer. Revenue from penalties is allocated based on the issuing authority: localities retain local fines, State Police fines go to the Literary Fund, and fines from high-risk intersection segments fund the Virginia Highway Safety Improvement Program.

This Act requires any state or local law-enforcement agency that places and operates a photo speed monitoring device pursuant to the provisions of this section to report to the Department of State Police by January 15th of each year, the number of traffic violations prosecuted, the number of successful prosecutions, and the total amount of monetary civil penalties collected. The Department of State Police shall aggregate such information and report it to the General Assembly by February 15th of each year. These provisions aim to improve safety in sensitive areas while ensuring transparency, privacy, and due process.

STATUTORY AUTHORITY

§ 46.2-882.1. Use of photo speed monitoring devices in highway work zones, school crossing zones, and high-risk intersection segments; civil penalty.

KEY HIGHLIGHTS

• Total Agencies Reporting: 49
• Total Violations Prosecuted: 957,780
• Total Successful Prosecutions*: 607,899
• Total Civil Penalties Collected*: $54,096,163.75
• Number of School Zones: 228
• Number of Highway Work Zones: 9
• Number of High-Risk Intersection Segments: 0

*Completion of prosecutions and receipt of funds from infractions may not be fully collected by year-end due to delays between the violation date, citation issuance, and payment submission.