2006 Code of Virginia § 46.2-1079 - Radar detectors; demerit points not to be awarded

46.2-1079. Radar detectors; 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 any device ormechanism, passive or active, to detect or purposefully interfere with ordiminish the measurement capabilities of any radar, laser, or other device ormechanism employed by law-enforcement personnel to measure the speed of motorvehicles on the highways of the Commonwealth for law-enforcement purposes. Itshall be unlawful to use any such device or mechanism on any such motorvehicle on the highways. It shall be unlawful to sell any such device ormechanism in the Commonwealth. However, provisions of this section shall notapply to any receiver of radio waves utilized for lawful purposes to receiveany signal from a frequency lawfully licensed by any state or federal agency.

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. This section shall not apply to motor vehicles owned by the Commonwealthor any political subdivision thereof and used by law-enforcement officers intheir official duties, nor to the sale of any such device or mechanism tolaw-enforcement agencies for use in their official duties.

D. No demerit points shall be awarded by the Commissioner for violations ofthis section. Any demerit points awarded by the Commissioner prior to July 1,1992, for any violation of this section shall be rescinded and the drivingrecord of any person awarded demerit points for a violation of this sectionshall be amended to reflect such rescission.

(1962, c. 125, 46.1-198.1; 1975, c. 108; 1976, c. 90; 1978, cc. 87, 91;1981, c. 303; 1989, c. 727; 1992, c. 825; 1998, c. 300.)

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