Virginia
§
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 the highways of the
Commonwealth when such vehicle is equipped with any
device or mechanism, passive or active, to detect or
purposefully interfere with or diminish the measurement
capabilities of any radar, laser, or other device or
mechanism employed by law-enforcement personnel to
measure the speed of motor vehicles on the highways of
the Commonwealth for law-enforcement purposes. It shall
be unlawful to use any such device or mechanism on any
such motor vehicle on the highways. It shall be unlawful
to sell any such device or mechanism in the
Commonwealth. However, provisions of this section shall
not apply to any receiver of radio waves utilized for
lawful purposes to receive any signal from a frequency
lawfully licensed by any state or federal agency.
This section shall not be construed to
authorize the forfeiture to the Commonwealth of any such
device or mechanism. Any such device or mechanism may be
taken by the arresting officer if needed as evidence,
and, when no longer needed, shall be returned to the
person charged with a violation of this section, or at
that person's request, and his expense, mailed to an
address specified by him. Any unclaimed devices may be
destroyed on court order 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 such prohibited device
or mechanism in or on a motor vehicle on the highways of
the Commonwealth shall constitute prima facie evidence
of the violation of this section. The Commonwealth need
not prove that the device or mechanism in question was
in an operative condition or being operated.
B. A person shall not be guilty of a
violation of this section when the device or mechanism
in question, at the time of the alleged offense, had no
power source and was not readily accessible for use by
the driver or any passenger in the vehicle.
C. This section shall not apply to
motor vehicles owned by the Commonwealth or any
political subdivision thereof and used by
law-enforcement officers in their official duties, nor
to the sale of any such device or mechanism to
law-enforcement agencies for use in their official
duties.
D. No demerit points shall be awarded
by the Commissioner for violations of this section. Any
demerit points awarded by the Commissioner prior to July
1, 1992, for any violation of this section shall be
rescinded and the driving record of any person awarded
demerit points for a violation of this section shall 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.)