2006 Code of Virginia § 33.1-292 - Incidental powers of the Board

33.1-292. Incidental powers of the Board.

The Board may make and enter into all contracts or agreements necessary orincidental to the execution of its powers under this article and may employengineering, architectural and construction experts and inspectors, brokersand such other employees as may be deemed necessary, who shall be paid suchcompensation as may be provided in accordance with law. All such compensationand all expenses incurred in carrying out the provisions of this articleshall be paid solely from funds provided under the authority of this articleand no liability or obligation shall be incurred hereunder beyond the extentto which money shall have been provided under the authority of this article.The Board may exercise any powers which are necessary or convenient for theexecution of its powers under this article.

The Board shall maintain and keep in good condition and repair, or cause tobe maintained and kept in good condition and repair, the projects authorizedunder this article, when acquired or constructed and opened to traffic,including any project or part thereof that may include portions of existingstreets or roads within a county, municipality or other political subdivision.

The Board is authorized and empowered to establish rules and regulations forthe use of any one or more of the projects defined in 33.1-268, as amended,including reasonable rules and regulations relating to (a) maximum andminimum speed limits applicable to motor vehicles using such project, anyother provision of law to the contrary notwithstanding; (b) the types, kindsand sizes of vehicles which may use such projects; (c) the nature, size, typeof materials or substances which shall not be transported over such projectand (d) such other matters as may be necessary or expedient in the interestof public safety with respect to the use of such project; provided, however,that as to project (j) authorized under the terms of 33.1-268, theprovisions of (a), (b), (c) and (d) of this paragraph shall not apply toexisting streets within a municipality and embraced within said project,except as may be otherwise agreed upon by the Board and the municipality.

The projects acquired or constructed under this article may be policed inwhole or in part by officers of the Department of State Police even thoughall or some portions of any such projects lie within the corporate limits ofa municipality or other political subdivision. Such officers shall be underthe exclusive control and direction of the Superintendent of State Police andshall be responsible for the preservation of public peace, prevention ofcrime, apprehension of criminals, protection of the rights of persons andproperty, and enforcement of the laws of the Commonwealth, and rules andregulations enacted pursuant thereto, within the limits of any such projects.All other police officers of the Commonwealth and of each county, city, townor other political subdivision of the Commonwealth through which any project,or portion thereof, extends shall have the same powers and jurisdictionwithin the limits of such projects as they have beyond such limits and shallhave access to the projects at any time for the purpose of exercising suchpowers and jurisdiction.

The Board is authorized and empowered to employ and appoint "projectguards" for the purpose of protecting the projects and to enforce the rulesand regulations of the Board, except those paralleling state law, establishedfor the use of such projects. Such guards may issue summons to appear orarrest on view without warrant and conduct before the nearest officerauthorized by law to admit to bail, any persons violating, within or upon theprojects, any such rule or regulation. The provisions of 46.2-936 and46.2-940 shall apply mutatis mutandis to the issuance of summons or arrestswithout warrants pursuant to this section.

The violation of any rule or regulation adopted by the Board pursuant to theauthority hereby granted shall be punishable as follows: If such violationwould have been a violation of law if committed on any public road, street orhighway in the county, city or town in which such violation occurred, itshall be punishable in the same manner as if it had been committed on suchpublic road, street or highway; otherwise it shall be punishable as amisdemeanor.

The powers and duties of the Board hereinabove enumerated in this articleshall not be construed as a limitation of the general powers or duties of theBoard. The Board, in addition to the powers and duties enumerated in thisarticle, shall do and perform any and all things and acts necessary in theconstruction or acquisition, maintenance and operation of any project to beconstructed or acquired under the provisions of this article, to the end thatsuch project or projects may become and be operated free of tolls as early aspossible and practicable, subject only to the express limitations of thisarticle and the limitations of other laws and constitutional provisionsapplicable thereto.

(Code 1950, 33-252; 1956, c. 158; 1958, c. 583; 1970, c. 322.)