2006 Code of Virginia § 46.2-1077.1 - Mobile infrared transmitters; demerit points not to be awarded

46.2-1077.1. Mobile infrared transmitters; demerit points not to be awarded.

A. It shall be unlawful for any person to operate a motor vehicle on thehighways of the Commonwealth when such vehicle is equipped with a mobileinfrared 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 givethe right-of-way to the vehicle equipped with such device. It shall beunlawful to use any such device or mechanism on any such motor vehicle on thehighways. It shall be unlawful to sell any such device or mechanism in theCommonwealth, except for uses permitted under this section. In addition, theprovisions of this section shall not apply to any law-enforcement,fire-fighting, life-saving, or rescue vehicle or ambulance responding to anemergency call or operating in an emergency situation or any vehicleproviding public transportation service in a corridor approved for publictransportation priority by the Virginia Department of Transportation or thegoverning body of any county, city, or town having control of the highwayswithin its boundaries.

This section shall not be construed to authorize the forfeiture to theCommonwealth of any such device or mechanism. Any such device or mechanismmay be taken by the arresting officer if needed as evidence, and, when nolonger needed, shall be returned to the person charged with a violation ofthis section, or at that person's request and his expense, mailed to anaddress specified by him. Any unclaimed devices may be destroyed on courtorder 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 suchprohibited device or mechanism in or on a motor vehicle on the highways ofthe Commonwealth shall constitute prima facie evidence of the violation ofthis section. The Commonwealth need not prove that the device or mechanism inquestion was in an operative condition or being operated.

B. A person shall not be guilty of a violation of this section when thedevice or mechanism in question, at the time of the alleged offense, had nopower source and was not readily accessible for use by the driver or anypassenger in the vehicle.

C. No demerit points shall be awarded by the Commissioner for violations ofthis section.

(2004, c. 268.)