§ 15.2-968.1. Use of photo-monitoring systems to enforce traffic lightsignals.
A. The governing body of any county, city, or town may provide by ordinancefor the establishment of a traffic signal enforcement program imposingmonetary liability on the operator of a motor vehicle for failure to complywith traffic light signals in such locality in accordance with the provisionsof this section. Each such locality may install and operate traffic lightsignal photo-monitoring systems at no more than one intersection for every10,000 residents within each county, city, or town at any one time, provided,however, that within planning District 8, each such locality may install andoperate traffic light signal photo-monitoring systems at no more than 10intersections, or at no more than one intersection for every 10,000 residentswithin each county, city, or town, whichever is greater, at any one time.
B. The operator of a vehicle shall be liable for a monetary penalty imposedpursuant to this section if such vehicle is found, as evidenced byinformation obtained from a traffic light signal violation monitoring system,to have failed to comply with a traffic light signal within such locality.
C. Proof of a violation of this section shall be evidenced by informationobtained from a traffic light signal violation monitoring system authorizedpursuant to this section. A certificate, sworn to or affirmed by alaw-enforcement officer employed by a locality authorized to impose penaltiespursuant to this section, or a facsimile thereof, based upon inspection ofphotographs, microphotographs, videotape, or other recorded images producedby a traffic light signal violation monitoring system, shall be prima facieevidence of the facts contained therein. Any photographs, microphotographs,videotape, or other recorded images evidencing such a violation shall beavailable for inspection in any proceeding to adjudicate the liability forsuch violation pursuant to an ordinance adopted pursuant to this section.
D. In the prosecution for a violation of any local ordinance adopted asprovided in this section, prima facie evidence that the vehicle described inthe summons issued pursuant to this section was operated in violation of suchordinance, together with proof that the defendant was at the time of suchviolation the owner, lessee, or renter of the vehicle, shall constitute inevidence a rebuttable presumption that such owner, lessee, or renter of thevehicle was the person who committed the violation. Such presumption shall berebutted if the owner, lessee, or renter of the vehicle (i) files anaffidavit by regular mail with the clerk of the general district court thathe was not the operator of the vehicle at the time of the alleged violationor (ii) testifies in open court under oath that he was not the operator ofthe vehicle at the time of the alleged violation. Such presumption shall alsobe rebutted if a certified copy of a police report, showing that the vehiclehad been reported to the police as stolen prior to the time of the allegedviolation of this section, is presented, prior to the return date establishedon the summons issued pursuant to this section, to the court adjudicating thealleged violation.
E. For purposes of this section, "owner" means the registered owner of suchvehicle on record with the Department of Motor Vehicles. For purposes of thissection, "traffic light signal violation monitoring system" means a vehiclesensor installed to work in conjunction with a traffic light thatautomatically produces two or more photographs, two or more microphotographs,video, or other recorded images of each vehicle at the time it is used oroperated in violation of § 46.2-833, 46.2-835, or 46.2-836. For each suchvehicle, at least one recorded image shall be of the vehicle before it hasillegally entered the intersection, and at least one recorded image shall beof the same vehicle after it has illegally entered that intersection.
F. Imposition of a penalty pursuant to this section shall not be deemed aconviction as an operator and shall not be made part of the operating recordof the person upon whom such liability is imposed, nor shall it be used forinsurance purposes in the provision of motor vehicle insurance coverage. Nomonetary penalty imposed under this section shall exceed $50, nor shall itinclude court costs.
G. A summons for a violation of this section may be executed pursuant to §19.2-76.2. Notwithstanding the provisions of § 19.2-76, a summons for aviolation of this section may be executed by mailing by first class mail acopy thereof to the owner, lessee, or renter of the vehicle. In the case of avehicle owner, the copy shall be mailed to the address contained in therecords of the Department of Motor Vehicles; in the case of a vehicle lesseeor renter, the copy shall be mailed to the address contained in the recordsof the lessor or renter. Every such mailing shall include, in addition to thesummons, a notice of (i) the summoned person's ability to rebut thepresumption that he was the operator of the vehicle at the time of thealleged violation through the filing of an affidavit as provided insubsection D and (ii) instructions for filing such affidavit, including theaddress to which the affidavit is to be sent. If the summoned person fails toappear on the date of return set out in the summons mailed pursuant to thissection, the summons shall be executed in the manner set out in § 19.2-76.3.No proceedings for contempt or arrest of a person summoned by mailing shallbe instituted for failure to appear on the return date of the summons. Anysummons executed for a violation of this section shall provide to the personsummoned at least 30 business days from the mailing of the summons to inspectinformation collected by a traffic light signal violation monitoring systemin connection with the violation.
H. Information collected by a traffic light signal violation monitoringsystem installed and operated pursuant to subsection A shall be limitedexclusively to that information that is necessary for the enforcement oftraffic light violations. On behalf of a locality, a private entity thatoperates a traffic light signal violation monitoring system may enter into anagreement with the Department of Motor Vehicles, in accordance with theprovisions of subdivision B 21 of § 46.2-208, to obtain vehicle ownerinformation regarding the registered owners of vehicles that fail to complywith a traffic light signal. Information provided to the operator of atraffic light signal violation monitoring system shall be protected in adatabase with security comparable to that of the Department of MotorVehicles' system, and used only for enforcement against individuals whoviolate the provisions of this section. Notwithstanding any other provisionof law, all photographs, microphotographs, electronic images, or otherpersonal information collected by a traffic light signal violation monitoringsystem shall be used exclusively for enforcing traffic light violations andshall not (i) be open to the public; (ii) be sold or used for sales,solicitation, or marketing purposes; (iii) be disclosed to any other entityexcept as may be necessary for the enforcement of a traffic light violationor to a vehicle owner or operator as part of a challenge to the violation; or(iv) be used in a court in a pending action or proceeding unless the actionor proceeding relates to a violation of § 46.2-833, 46.2-835, or 46.2-836 orrequested upon order from a court of competent jurisdiction. Informationcollected under this section pertaining to a specific violation shall bepurged and not retained later than 60 days after the collection of any civilpenalties. If a locality does not execute a summons for a violation of thissection within 10 business days, all information collected pertaining to thatsuspected violation shall be purged within two business days. Any localityoperating a traffic light signal violation monitoring system shall annuallycertify compliance with this section and make all records pertaining to suchsystem available for inspection and audit by the Commonwealth TransportationCommissioner or the Commissioner of the Department of Motor Vehicles or hisdesignee. Any person who discloses personal information in violation of theprovisions of this subsection shall be subject to a civil penalty of $1,000per disclosure. Any unauthorized use or disclosure of such personalinformation shall be grounds for termination of the agreement between theDepartment of Motor Vehicles and the private entity.
I. A private entity may enter into an agreement with a locality to becompensated for providing the traffic light signal violation monitoringsystem or equipment, and all related support services, to include consulting,operations and administration. However, only a law-enforcement officeremployed by a locality may swear to or affirm the certificate required bysubsection C. No locality shall enter into an agreement for compensationbased on the number of violations or monetary penalties imposed.
J. When selecting potential intersections for a traffic light signalviolation monitoring system, a locality shall consider factors such as (i)the accident rate for the intersection, (ii) the rate of red light violationsoccurring at the intersection (number of violations per number of vehicles),(iii) the difficulty experienced by law-enforcement officers in patrol carsor on foot in apprehending violators, and (iv) the ability of law-enforcementofficers to apprehend violators safely within a reasonable distance from theviolation. Localities may consider the risk to pedestrians as a factor, ifapplicable. A locality shall submit a list of intersections to the VirginiaDepartment of Transportation for final approval.
K. Before the implementation of a traffic light signal violation monitoringsystem at an intersection, the locality shall complete an engineering safetyanalysis that addresses signal timing and other location-specific safetyfeatures. The length of the yellow phase shall be established based on therecommended methodology of the Institute of Transportation Engineers. Alltraffic light signal violation monitoring systems shall provide a minimum0.5-second grace period between the time the signal turns red and the timethe first violation is recorded. If recommended by the engineering safetyanalysis, the locality shall make reasonable location-specific safetyimprovements, including signs and pavement markings.
L. Any locality that uses a traffic light signal violation monitoring systemshall evaluate the system on a monthly basis to ensure all cameras andtraffic signals are functioning properly. Evaluation results shall be madeavailable to the public.
M. Any locality that uses a traffic light signal violation monitoring systemto enforce traffic light signals shall place conspicuous signs within 500feet of the intersection approach at which a traffic light signal violationmonitoring system is used. There shall be a rebuttable presumption that suchsigns were in place at the time of the commission of the traffic light signalviolation.
N. Prior to or coincident with the implementation or expansion of a trafficlight signal violation monitoring system, a locality shall conduct a publicawareness program, advising the public that the locality is implementing orexpanding a traffic light signal violation monitoring system.
O. Notwithstanding any other provision of this section, if a vehicle depictedin images recorded by a traffic light signal photo-monitoring system isowned, leased, or rented by a county, city, or town, then the county, city,or town may access and use the recorded images and associated information foremployee disciplinary purposes.
§ 15.2-968.1. Use of photo-monitoring systems to enforce traffic lightsignals.
A. The governing body of any county, city, or town may provide by ordinancefor the establishment of a traffic signal enforcement program imposingmonetary liability on the operator of a motor vehicle for failure to complywith traffic light signals in such locality in accordance with the provisionsof this section. Each such locality may install and operate traffic lightsignal photo-monitoring systems at no more than one intersection for every10,000 residents within each county, city, or town at any one time, provided,however, that within planning District 8, each such locality may install andoperate traffic light signal photo-monitoring systems at no more than 10intersections, or at no more than one intersection for every 10,000 residentswithin each county, city, or town, whichever is greater, at any one time.
B. The operator of a vehicle shall be liable for a monetary penalty imposedpursuant to this section if such vehicle is found, as evidenced byinformation obtained from a traffic light signal violation monitoring system,to have failed to comply with a traffic light signal within such locality.
C. Proof of a violation of this section shall be evidenced by informationobtained from a traffic light signal violation monitoring system authorizedpursuant to this section. A certificate, sworn to or affirmed by alaw-enforcement officer employed by a locality authorized to impose penaltiespursuant to this section, or a facsimile thereof, based upon inspection ofphotographs, microphotographs, videotape, or other recorded images producedby a traffic light signal violation monitoring system, shall be prima facieevidence of the facts contained therein. Any photographs, microphotographs,videotape, or other recorded images evidencing such a violation shall beavailable for inspection in any proceeding to adjudicate the liability forsuch violation pursuant to an ordinance adopted pursuant to this section.
D. In the prosecution for a violation of any local ordinance adopted asprovided in this section, prima facie evidence that the vehicle described inthe summons issued pursuant to this section was operated in violation of suchordinance, together with proof that the defendant was at the time of suchviolation the owner, lessee, or renter of the vehicle, shall constitute inevidence a rebuttable presumption that such owner, lessee, or renter of thevehicle was the person who committed the violation. Such presumption shall berebutted if the owner, lessee, or renter of the vehicle (i) files anaffidavit by regular mail with the clerk of the general district court thathe was not the operator of the vehicle at the time of the alleged violationor (ii) testifies in open court under oath that he was not the operator ofthe vehicle at the time of the alleged violation. Such presumption shall alsobe rebutted if a certified copy of a police report, showing that the vehiclehad been reported to the police as stolen prior to the time of the allegedviolation of this section, is presented, prior to the return date establishedon the summons issued pursuant to this section, to the court adjudicating thealleged violation.
E. For purposes of this section, "owner" means the registered owner of suchvehicle on record with the Department of Motor Vehicles. For purposes of thissection, "traffic light signal violation monitoring system" means a vehiclesensor installed to work in conjunction with a traffic light thatautomatically produces two or more photographs, two or more microphotographs,video, or other recorded images of each vehicle at the time it is used oroperated in violation of § 46.2-833, 46.2-835, or 46.2-836. For each suchvehicle, at least one recorded image shall be of the vehicle before it hasillegally entered the intersection, and at least one recorded image shall beof the same vehicle after it has illegally entered that intersection.
F. Imposition of a penalty pursuant to this section shall not be deemed aconviction as an operator and shall not be made part of the operating recordof the person upon whom such liability is imposed, nor shall it be used forinsurance purposes in the provision of motor vehicle insurance coverage. Nomonetary penalty imposed under this section shall exceed $50, nor shall itinclude court costs.
G. A summons for a violation of this section may be executed pursuant to §19.2-76.2. Notwithstanding the provisions of § 19.2-76, a summons for aviolation of this section may be executed by mailing by first class mail acopy thereof to the owner, lessee, or renter of the vehicle. In the case of avehicle owner, the copy shall be mailed to the address contained in therecords of the Department of Motor Vehicles; in the case of a vehicle lesseeor renter, the copy shall be mailed to the address contained in the recordsof the lessor or renter. Every such mailing shall include, in addition to thesummons, a notice of (i) the summoned person's ability to rebut thepresumption that he was the operator of the vehicle at the time of thealleged violation through the filing of an affidavit as provided insubsection D and (ii) instructions for filing such affidavit, including theaddress to which the affidavit is to be sent. If the summoned person fails toappear on the date of return set out in the summons mailed pursuant to thissection, the summons shall be executed in the manner set out in § 19.2-76.3.No proceedings for contempt or arrest of a person summoned by mailing shallbe instituted for failure to appear on the return date of the summons. Anysummons executed for a violation of this section shall provide to the personsummoned at least 30 business days from the mailing of the summons to inspectinformation collected by a traffic light signal violation monitoring systemin connection with the violation.
H. Information collected by a traffic light signal violation monitoringsystem installed and operated pursuant to subsection A shall be limitedexclusively to that information that is necessary for the enforcement oftraffic light violations. On behalf of a locality, a private entity thatoperates a traffic light signal violation monitoring system may enter into anagreement with the Department of Motor Vehicles, in accordance with theprovisions of subdivision B 21 of § 46.2-208, to obtain vehicle ownerinformation regarding the registered owners of vehicles that fail to complywith a traffic light signal. Information provided to the operator of atraffic light signal violation monitoring system shall be protected in adatabase with security comparable to that of the Department of MotorVehicles' system, and used only for enforcement against individuals whoviolate the provisions of this section. Notwithstanding any other provisionof law, all photographs, microphotographs, electronic images, or otherpersonal information collected by a traffic light signal violation monitoringsystem shall be used exclusively for enforcing traffic light violations andshall not (i) be open to the public; (ii) be sold or used for sales,solicitation, or marketing purposes; (iii) be disclosed to any other entityexcept as may be necessary for the enforcement of a traffic light violationor to a vehicle owner or operator as part of a challenge to the violation; or(iv) be used in a court in a pending action or proceeding unless the actionor proceeding relates to a violation of § 46.2-833, 46.2-835, or 46.2-836 orrequested upon order from a court of competent jurisdiction. Informationcollected under this section pertaining to a specific violation shall bepurged and not retained later than 60 days after the collection of any civilpenalties. If a locality does not execute a summons for a violation of thissection within 10 business days, all information collected pertaining to thatsuspected violation shall be purged within two business days. Any localityoperating a traffic light signal violation monitoring system shall annuallycertify compliance with this section and make all records pertaining to suchsystem available for inspection and audit by the Commonwealth TransportationCommissioner or the Commissioner of the Department of Motor Vehicles or hisdesignee. Any person who discloses personal information in violation of theprovisions of this subsection shall be subject to a civil penalty of $1,000per disclosure. Any unauthorized use or disclosure of such personalinformation shall be grounds for termination of the agreement between theDepartment of Motor Vehicles and the private entity.
I. A private entity may enter into an agreement with a locality to becompensated for providing the traffic light signal violation monitoringsystem or equipment, and all related support services, to include consulting,operations and administration. However, only a law-enforcement officeremployed by a locality may swear to or affirm the certificate required bysubsection C. No locality shall enter into an agreement for compensationbased on the number of violations or monetary penalties imposed.
J. When selecting potential intersections for a traffic light signalviolation monitoring system, a locality shall consider factors such as (i)the accident rate for the intersection, (ii) the rate of red light violationsoccurring at the intersection (number of violations per number of vehicles),(iii) the difficulty experienced by law-enforcement officers in patrol carsor on foot in apprehending violators, and (iv) the ability of law-enforcementofficers to apprehend violators safely within a reasonable distance from theviolation. Localities may consider the risk to pedestrians as a factor, ifapplicable. A locality shall submit a list of intersections to the VirginiaDepartment of Transportation for final approval.
K. Before the implementation of a traffic light signal violation monitoringsystem at an intersection, the locality shall complete an engineering safetyanalysis that addresses signal timing and other location-specific safetyfeatures. The length of the yellow phase shall be established based on therecommended methodology of the Institute of Transportation Engineers. Alltraffic light signal violation monitoring systems shall provide a minimum0.5-second grace period between the time the signal turns red and the timethe first violation is recorded. If recommended by the engineering safetyanalysis, the locality shall make reasonable location-specific safetyimprovements, including signs and pavement markings.
L. Any locality that uses a traffic light signal violation monitoring systemshall evaluate the system on a monthly basis to ensure all cameras andtraffic signals are functioning properly. Evaluation results shall be madeavailable to the public.
M. Any locality that uses a traffic light signal violation monitoring systemto enforce traffic light signals shall place conspicuous signs within 500feet of the intersection approach at which a traffic light signal violationmonitoring system is used. There shall be a rebuttable presumption that suchsigns were in place at the time of the commission of the traffic light signalviolation.
N. Prior to or coincident with the implementation or expansion of a trafficlight signal violation monitoring system, a locality shall conduct a publicawareness program, advising the public that the locality is implementing orexpanding a traffic light signal violation monitoring system.
O. Notwithstanding any other provision of this section, if a vehicle depictedin images recorded by a traffic light signal photo-monitoring system isowned, leased, or rented by a county, city, or town, then the county, city,or town may access and use the recorded images and associated information foremployee disciplinary purposes.
§ 15.2-968.1. Use of photo-monitoring systems to enforce traffic lightsignals.
A. The governing body of any county, city, or town may provide by ordinancefor the establishment of a traffic signal enforcement program imposingmonetary liability on the operator of a motor vehicle for failure to complywith traffic light signals in such locality in accordance with the provisionsof this section. Each such locality may install and operate traffic lightsignal photo-monitoring systems at no more than one intersection for every10,000 residents within each county, city, or town at any one time, provided,however, that within planning District 8, each such locality may install andoperate traffic light signal photo-monitoring systems at no more than 10intersections, or at no more than one intersection for every 10,000 residentswithin each county, city, or town, whichever is greater, at any one time.
B. The operator of a vehicle shall be liable for a monetary penalty imposedpursuant to this section if such vehicle is found, as evidenced byinformation obtained from a traffic light signal violation monitoring system,to have failed to comply with a traffic light signal within such locality.
C. Proof of a violation of this section shall be evidenced by informationobtained from a traffic light signal violation monitoring system authorizedpursuant to this section. A certificate, sworn to or affirmed by alaw-enforcement officer employed by a locality authorized to impose penaltiespursuant to this section, or a facsimile thereof, based upon inspection ofphotographs, microphotographs, videotape, or other recorded images producedby a traffic light signal violation monitoring system, shall be prima facieevidence of the facts contained therein. Any photographs, microphotographs,videotape, or other recorded images evidencing such a violation shall beavailable for inspection in any proceeding to adjudicate the liability forsuch violation pursuant to an ordinance adopted pursuant to this section.
D. In the prosecution for a violation of any local ordinance adopted asprovided in this section, prima facie evidence that the vehicle described inthe summons issued pursuant to this section was operated in violation of suchordinance, together with proof that the defendant was at the time of suchviolation the owner, lessee, or renter of the vehicle, shall constitute inevidence a rebuttable presumption that such owner, lessee, or renter of thevehicle was the person who committed the violation. Such presumption shall berebutted if the owner, lessee, or renter of the vehicle (i) files anaffidavit by regular mail with the clerk of the general district court thathe was not the operator of the vehicle at the time of the alleged violationor (ii) testifies in open court under oath that he was not the operator ofthe vehicle at the time of the alleged violation. Such presumption shall alsobe rebutted if a certified copy of a police report, showing that the vehiclehad been reported to the police as stolen prior to the time of the allegedviolation of this section, is presented, prior to the return date establishedon the summons issued pursuant to this section, to the court adjudicating thealleged violation.
E. For purposes of this section, "owner" means the registered owner of suchvehicle on record with the Department of Motor Vehicles. For purposes of thissection, "traffic light signal violation monitoring system" means a vehiclesensor installed to work in conjunction with a traffic light thatautomatically produces two or more photographs, two or more microphotographs,video, or other recorded images of each vehicle at the time it is used oroperated in violation of § 46.2-833, 46.2-835, or 46.2-836. For each suchvehicle, at least one recorded image shall be of the vehicle before it hasillegally entered the intersection, and at least one recorded image shall beof the same vehicle after it has illegally entered that intersection.
F. Imposition of a penalty pursuant to this section shall not be deemed aconviction as an operator and shall not be made part of the operating recordof the person upon whom such liability is imposed, nor shall it be used forinsurance purposes in the provision of motor vehicle insurance coverage. Nomonetary penalty imposed under this section shall exceed $50, nor shall itinclude court costs.
G. A summons for a violation of this section may be executed pursuant to §19.2-76.2. Notwithstanding the provisions of § 19.2-76, a summons for aviolation of this section may be executed by mailing by first class mail acopy thereof to the owner, lessee, or renter of the vehicle. In the case of avehicle owner, the copy shall be mailed to the address contained in therecords of the Department of Motor Vehicles; in the case of a vehicle lesseeor renter, the copy shall be mailed to the address contained in the recordsof the lessor or renter. Every such mailing shall include, in addition to thesummons, a notice of (i) the summoned person's ability to rebut thepresumption that he was the operator of the vehicle at the time of thealleged violation through the filing of an affidavit as provided insubsection D and (ii) instructions for filing such affidavit, including theaddress to which the affidavit is to be sent. If the summoned person fails toappear on the date of return set out in the summons mailed pursuant to thissection, the summons shall be executed in the manner set out in § 19.2-76.3.No proceedings for contempt or arrest of a person summoned by mailing shallbe instituted for failure to appear on the return date of the summons. Anysummons executed for a violation of this section shall provide to the personsummoned at least 30 business days from the mailing of the summons to inspectinformation collected by a traffic light signal violation monitoring systemin connection with the violation.
H. Information collected by a traffic light signal violation monitoringsystem installed and operated pursuant to subsection A shall be limitedexclusively to that information that is necessary for the enforcement oftraffic light violations. On behalf of a locality, a private entity thatoperates a traffic light signal violation monitoring system may enter into anagreement with the Department of Motor Vehicles, in accordance with theprovisions of subdivision B 21 of § 46.2-208, to obtain vehicle ownerinformation regarding the registered owners of vehicles that fail to complywith a traffic light signal. Information provided to the operator of atraffic light signal violation monitoring system shall be protected in adatabase with security comparable to that of the Department of MotorVehicles' system, and used only for enforcement against individuals whoviolate the provisions of this section. Notwithstanding any other provisionof law, all photographs, microphotographs, electronic images, or otherpersonal information collected by a traffic light signal violation monitoringsystem shall be used exclusively for enforcing traffic light violations andshall not (i) be open to the public; (ii) be sold or used for sales,solicitation, or marketing purposes; (iii) be disclosed to any other entityexcept as may be necessary for the enforcement of a traffic light violationor to a vehicle owner or operator as part of a challenge to the violation; or(iv) be used in a court in a pending action or proceeding unless the actionor proceeding relates to a violation of § 46.2-833, 46.2-835, or 46.2-836 orrequested upon order from a court of competent jurisdiction. Informationcollected under this section pertaining to a specific violation shall bepurged and not retained later than 60 days after the collection of any civilpenalties. If a locality does not execute a summons for a violation of thissection within 10 business days, all information collected pertaining to thatsuspected violation shall be purged within two business days. Any localityoperating a traffic light signal violation monitoring system shall annuallycertify compliance with this section and make all records pertaining to suchsystem available for inspection and audit by the Commonwealth TransportationCommissioner or the Commissioner of the Department of Motor Vehicles or hisdesignee. Any person who discloses personal information in violation of theprovisions of this subsection shall be subject to a civil penalty of $1,000per disclosure. Any unauthorized use or disclosure of such personalinformation shall be grounds for termination of the agreement between theDepartment of Motor Vehicles and the private entity.
I. A private entity may enter into an agreement with a locality to becompensated for providing the traffic light signal violation monitoringsystem or equipment, and all related support services, to include consulting,operations and administration. However, only a law-enforcement officeremployed by a locality may swear to or affirm the certificate required bysubsection C. No locality shall enter into an agreement for compensationbased on the number of violations or monetary penalties imposed.
J. When selecting potential intersections for a traffic light signalviolation monitoring system, a locality shall consider factors such as (i)the accident rate for the intersection, (ii) the rate of red light violationsoccurring at the intersection (number of violations per number of vehicles),(iii) the difficulty experienced by law-enforcement officers in patrol carsor on foot in apprehending violators, and (iv) the ability of law-enforcementofficers to apprehend violators safely within a reasonable distance from theviolation. Localities may consider the risk to pedestrians as a factor, ifapplicable. A locality shall submit a list of intersections to the VirginiaDepartment of Transportation for final approval.
K. Before the implementation of a traffic light signal violation monitoringsystem at an intersection, the locality shall complete an engineering safetyanalysis that addresses signal timing and other location-specific safetyfeatures. The length of the yellow phase shall be established based on therecommended methodology of the Institute of Transportation Engineers. Alltraffic light signal violation monitoring systems shall provide a minimum0.5-second grace period between the time the signal turns red and the timethe first violation is recorded. If recommended by the engineering safetyanalysis, the locality shall make reasonable location-specific safetyimprovements, including signs and pavement markings.
L. Any locality that uses a traffic light signal violation monitoring systemshall evaluate the system on a monthly basis to ensure all cameras andtraffic signals are functioning properly. Evaluation results shall be madeavailable to the public.
M. Any locality that uses a traffic light signal violation monitoring systemto enforce traffic light signals shall place conspicuous signs within 500feet of the intersection approach at which a traffic light signal violationmonitoring system is used. There shall be a rebuttable presumption that suchsigns were in place at the time of the commission of the traffic light signalviolation.
N. Prior to or coincident with the implementation or expansion of a trafficlight signal violation monitoring system, a locality shall conduct a publicawareness program, advising the public that the locality is implementing orexpanding a traffic light signal violation monitoring system.
O. Notwithstanding any other provision of this section, if a vehicle depictedin images recorded by a traffic light signal photo-monitoring system isowned, leased, or rented by a county, city, or town, then the county, city,or town may access and use the recorded images and associated information foremployee disciplinary purposes.
