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TCAgenda2023September251.Route 50 Pipeline Study Discussion 1.A.Route 50 Pipeline Study Discussion 2.Route 37 (Eastern Frederick Transportation) Update 2.A.Route 37 Eastern Frederick Transportation Update 3.Camera Enforcement of Red Lights Discussion and Update 3.A.Camera Enforcement of Red Lights: Discussion and Update 4.County Project Updates 4.A.County Project Updates 5.Other 5.A.Other AGENDA TRANSPORTATION COMMITTEE MONDAY, SEPTEMBER 25, 2023 8:30 AM FIRST-FLOOR CONFERENCE ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VIRGINIA TC09-25-23Route50PipelineStudyDiscussion.pdf TC09-25-23Route37Update.pdf TC09-25-23CameraEnforcementofRedLights.pdf TC09-25-23CountyProjectUpdates.pdf TC09-25-23Other.pdf 1 Transportation Committee Agenda Item Detail Meeting Date: September 25, 2023 Agenda Section: Route 50 Pipeline Study Discussion Title: Route 50 Pipeline Study Discussion Attachments: TC09-25-23Route50PipelineStudyDiscussion.pdf 2 3 Transportation Committee Agenda Item Detail Meeting Date: September 25, 2023 Agenda Section: Route 37 (Eastern Frederick Transportation) Update Title: Route 37 Eastern Frederick Transportation Update Attachments: TC09-25-23Route37Update.pdf 4 5 Transportation Committee Agenda Item Detail Meeting Date: September 25, 2023 Agenda Section: Camera Enforcement of Red Lights Discussion and Update Title: Camera Enforcement of Red Lights: Discussion and Update Attachments: TC09-25-23CameraEnforcementofRedLights.pdf 6 7 How do red light photo enforcement cameras work? A camera is connected to the traffic signal and to sensors at the intersection stop line that monitor traffic flow. The camera is triggered by any vehicle entering the intersection above a preset minimum speed and following a “grace period” of time after the signal has turned red. Virginia legislation states this specified grace period of time must be at least 0.5 seconds. Depending on the particular technology in use at the intersection, a series of photographs and/or video images show the red light violator before entering the intersection on a red signal, as well as the vehicle’s progression through the intersection. Cameras record information such as the date, time, time elapsed since the beginning of the red signal, and vehicle speed. The photographic evidence is reviewed by trained law enforcement. Generally, tickets are sent by mail to owners of violating vehicles. How will I know which intersections have red light cameras? Legislation enacted by the 2007 and 2012 General Assembly requires localities to place conspicuous signs within 500 feet of the intersection where a red light running camera is installed. Localities also are required to conduct a public awareness program advising the public of the photo enforcement system that is being implemented. Doesn’t placing signs at the approach to intersections with red light cameras defeat the purpose of installing the cameras? No. The purpose of the red light camera program is to improve intersection safety by reducing the number of red light violations. If the warning signs stop motorists from running red lights rather than the cameras themselves, then the purpose of the program is being met. Do cameras photograph every vehicle passing through an intersection? No. Cameras are set so that only those vehicles that enter the intersection after the light has turned red are photographed. Vehicles entering the intersection on yellow and still in the intersection when the light turns red are not photographed. Isn’t the main purpose of red light cameras to make money? No. The objective of the photo enforcement program is to improve intersection safety. Signs and publicity campaigns required by the 2007 and 2012 General Assembly warn motorists that photo enforcement is in use. Revenue is generated by fines paid by drivers who continue to run red lights. Independent audits of red light camera enforcement across the country have found that these programs generally do not generate excess revenue. Camera equipment costs vary based on the type of camera, the complexity of the intersection, and technical requirements. A red light camera system with installation costs more than $100,000. Fines for red light violations in Virginia are limited to $50 per violation by the legislation. Wouldn’t increasing the length of the yellow signal at an intersection decrease the occurrence of red light running? Allowing adequate yellow timing can reduce red light running, but longer yellow time alone does not eliminate the need or potential benefits of red light cameras. Yellow times at signals are determined based on variables such as the posted speed limit, typical deceleration rates of vehicles, the grade of the road (uphill or downhill), and the amount of time it takes a driver to see the yellow signal and react (perception-reaction time). Yellow times are generally in the range of three to six seconds. Increasing the perception-reaction time from 1.0 to 1.5 seconds has shown to reduce the number of red light violations. Who chooses the intersections for photo enforcement? According to revised 2012 legislation enacted 8 by the Virginia General Assembly, localities interested in photo enforcement, within their right of way, must conduct an engineering safety analysis for each candidate intersection. Localities desiring photo enforcement at intersections within VDOT’s right of way must conduct an engineering safety analysis conforming to the department’s safety analysis template and submit it to VDOT for approval. Final approval for intersections located within VDOT’s right of way will come from the appropriate district administrator or their designee. 9 February 19, 2008 Revised August 26, 2009 Revised Jan. 30, 2013 Revised June 18,2020 Red Light Running Camera (Photo Enforcement) Engineering Safety Analysis Guidelines Highway Operations Section Traffic Engineering Division Virginia Department of Transportation 1401 East Broad Street Richmond, Virginia 23219 February 19, 2008 Revised August 26, 2009 Revised Jan. 30, 2013 Revised June 18,2020 PHOTO ENFORCED PHOTO ENFORCED PHOTO ENFORCED 10 February 19, 2008 Revised August 26, 2009 Revised Jan. 30, 2013 Revised June 18, 2020 Table of Contents Page INTRODUCTION 1 LEGISLATIVE REQUIREMENTS 1 Intersection Selection Factors and Implementation Criteria 1 Public Awareness Program 2 Evaluation and Certification Efforts 2 Engineering Study Guidelines 2 ENGINEERING STUDY GUIDELINES 2 Intersection and Signal Data 3 Signal Timing and Traffic Data 3 Crash and Enforcement Data 4 APPROVAL PROCESS FOR STATE MAINTAINED INTERSECTIONS 5 INTERFACING WITH VDOT SIGNAL EQUIPMENT 6 APPENDIX A. Legislation B. Number of Allowable Photo Enforced Intersections Per Locality C. Approval Process Flow Chart D. Reference Documents E. Engineering Safety Analysis Template 11 February 19, 2008 Revised August 26, 2009 Revised Jan. 30, 2013 Revised June 18, 2020 Summary of Changes: • Removed all references to TE306.1 including the memorandum • Replaced old reference to ITE requirements with current reference - Guidelines for Determining Traffic Signal Change and Clearance Intervals, A Recommended Practice of the Institute of Transportation Engineers, Prepared by ITE Technical Advisory Committee, April 2020. • Changed all references from RTE to DTE and from ROMM to DOMM in flowchart on page C-1 • Added revised date of June 18, 2020 to cover page and headers 12 February 19, 2008 Revised August 26, 2009 Revised Jan. 30, 2013 Revised June 18,2020 1 INTRODUCTION The 2007 Virginia General Assembly enacted legislation (Chapter 903 of the 2007 Virginia Acts of Assembly in Appendix A) allowing the use of cameras in Virginia counties, cities, and towns to enforce compliance with traffic signals. The legislation allows localities by ordinance to install and operate red light running camera systems at no more than one intersection for every 10,000 residents within the locality. In Planning District 8, localities may install and operate red light running cameras at no more than 10 intersections or one intersection for every 10,000 residents within the locality, whichever is greater. Planning District 8 is the geographic area served by the Northern Virginia Regional Commission consisting of 14 member localities including: the counties of Arlington, Fairfax, Loudon and Prince William; the cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park; the towns of Dumfries, Herndon, Leesburg, Purcellville and Vienna. Based on the legislation provisions, Appendix B provides a tabulation of the maximum number of intersections at which photo enforcement at any one time could be operated for each locality, based on 2010 population data. It also contains requirements for analysis, approval, and annual monitoring. This document provides guidance to Virginia localities on what should be submitted to VDOT for those proposed photo enforced intersections maintained and/or operated by VDOT. The Institute of Transportation Engineers and Federal Highway Administration have also published guidance documents regarding red light running countermeasures and photo enforcement, Making Intersections Safer: A Toolbox of Engineering Countermeasures to reduce Red-Light Running published in 2003 and Red Light Camera System Operational Guidelines published in 2005. References and links to these documents and other related literature and research can be found in Appendix C. During the 2012 Legislative Session, the General assembly passed HB 1295 and SB 679 which were subsequently signed into law as Chapters 805 and 836 (See Appendix A), respectively, of the 2012 Acts of Assembly. As a result VDOT was removed from the process for approving traffic light signal violation monitoring system (also known as Red Light Camera (RLC) or Photo-red Enforcement) at intersections effective July 1, 2012. As this action was part of a group of changes to remove mandates on localities, it is assumed that the goal was to remove VDOT from the process where localities maintained their own signals; however, the legislation also removed VDOT from the process where signals are owned, operated and maintained by VDOT, as well. In order to fulfill our responsibility regarding these types of signals, VDOT will use authority granted under the Land Use Permit process to manage those requests for installations of RLC systems on VDOT’s right of way. All other requirements of the original legislation, Chapter 903 Section 15.2-968.1, remain in effect. LEGISLATIVE REQUIREMENTS Intersection Selection Factors and Implementation Criteria When selecting potential intersections for installation of red light running cameras, the Code of Virginia states localities shall consider the following factors: i. The accident rate for the intersection, ii. The rate of red light violations occurring at the intersection, 13 February 19, 2008 Revised August 26, 2009 Revised Jan. 30, 2013 Revised June 18,2020 2 iii. The difficulty experienced by law-enforcement officers to apprehend violators, iv. The ability of law-enforcement officers to apprehend violators safely within a reasonable distance from the violation. The legislation also requires a minimum 0.5 second grace period between the time the signal turns red and the time the first violation is recorded by the camera. Public Awareness Program Prior to implementation of red light running cameras or expansion of the monitoring system, a locality shall conduct a public awareness program advising the public that a photo enforcement system is being implemented. Further guidance on public awareness campaigns can be found in national publications such as Red Light Camera Systems: Operational Guidelines, published by the Federal Highway Administration and the National Highway Traffic Safety Administration in January 2005. In addition, localities must place conspicuous signs within 500 feet of the intersection approach at which a red light running camera is installed informing motorists of the enforcement effort. A standard warning sign for use across the Commonwealth will be the MUTCD’s standard sign. Evaluation and Certification Efforts Localities are required to evaluate the photo enforcement system on a monthly basis to ensure all cameras and traffic signals are operating properly. The results of the evaluation are to be made available to the public. Localities shall annually certify compliance with the legislation and make all records available for inspection and audit by the Commonwealth Transportation Commissioner or the Commissioner of the Department of Motor Vehicles. Engineering Study Guidelines Before red light running camera(s) can be installed at an intersection, the locality is required to complete an engineering safety analysis for the specific intersection. The engineering study should document the current clearance intervals (yellow and all-red), whether the signal is coordinated with other signals along the corridor, and the current condition of other safety features (i.e., lane markings, median control, speed limits, signing, etc.). ENGINEERING STUDY GUIDELINES When considering the use of a red light camera system it is important to perform an engineering study to identify potential issues with the intersection configuration that may be contributing to red light violations or potential improvements/countermeasures that may need to be implemented instead of a photo enforcement system. VDOT has established engineering study guidelines to assist localities in reviewing photo enforcement request submittals. The engineering safety analysis should include a statement explaining why photo enforcement is proposed for a specific intersection. The engineering safety analysis shall be stamped and signed by a professional engineer. An engineering analysis template is provided in Appendix D and includes sections for: Intersection and Signal Data, Signal Timings and Traffic Data, and Crash and Enforcement Data. 14 February 19, 2008 Revised August 26, 2009 Revised Jan. 30, 2013 Revised June 18,2020 3 Intersection and Signal Data Signal Visibility As motorists approach an intersection their line of sight to the intersection and the traffic signal should be unobstructed. The engineering analysis of the intersection should address intersection and traffic signal visibility. Engineering counter measures such as ‘signal ahead’ signs (with or without flashers) may be installed to warn drivers approaching a signalized intersection and to prepare them to stop if necessary for proposed intersections. Adding additional signal heads so that there is one signal head over each lane may be an appropriate countermeasure for intersections with high percentages of heavy vehicles. LED lighting, 12 inch signal lamps and backplates shall be considered to make traffic signals more visible to drivers, especially under adverse weather and lighting conditions and to combat sun glare issues. Pavement Markings, Conditions and Treatments Information requested in the study report includes: a diagram of the intersection, sight distance on the approach, grade of the approach, data on signal heads, pavement markings, and warning signs. The engineering analysis of the intersection should document pavement and marking conditions in the vicinity of the intersection. Signal Timings and Traffic Data Clearance Intervals The Manual on Uniform Traffic Control Devices (MUTCD) and the Institute of Transportation Engineers (Guidelines for Determining Traffic Signal Change and Clearance Interval dated April 2020) provide guidance on calculating clearance intervals – yellow and all red intervals. The yellow interval is designed to warn motorists of the change in assignment of right-of-way. Yellow intervals should provide motorists with adequate time to make the appropriate decision to either proceed through the intersection before the signal turns red or make a comfortable deceleration and stop before entering the intersection. The likelihood of a motorist entering an intersection on red increases as the amount of yellow time is decreased. An appropriate yellow clearance interval is critical to preventing inadvertent violation of the red signal. Signal Timing and Phasing The engineering analysis of the intersection should include an evaluation of the intersection timings, phasing, and coordination with other intersections. The amount of traffic entering the intersection, the time of day, the number of turns, and sequence of the signals are all important factors and vary from intersection to intersection. Traffic engineering judgment and local knowledge of the intersection in conjunction with signal optimization and simulation should result in the most efficient traffic signal timing at the intersection. 15 February 19, 2008 Revised August 26, 2009 Revised Jan. 30, 2013 Revised June 18,2020 4 Vehicle Detection Data The engineering analysis of the intersection should include an evaluation of loop detector locations and the existence of a dilemma zone. Location of loop detectors at relatively higher speed intersections (speeds greater than 30 mph) is an important factor in signalized intersection design. At a certain distance from the intersection, depending on speed, drivers seeing the onset of the yellow phase may be indecisive about stopping or proceeding through the intersection. This zone of driver indecision is often referred to as a “dilemma zone”. One measure to reduce the likelihood of vehicles being in the “dilemma zone” is to install a vehicle detector in the zone that will extend green time if a vehicle is present and not allow the yellow interval to begin while a vehicle is present in the zone. Dilemma zone detection is not generally used with coordinated signal systems. Traffic Volume Data The engineering analysis should include an intersection volume count containing both the number of passenger cars and heavy vehicles. At a minimum, volume counts should include a 48-hour automatic traffic recorder directional and classification count from which to calculate an ADT, and turn movement counts concurrent with the same time period as the red-light violation counts. Crash and Enforcement Data Three-year Crash Analysis The engineering analysis of the intersection should include a crash analysis that focuses on identifying crashes related to red light running violations. The crash analysis should include at least 3-years of the latest historical crash data. Indicators of red light running related crashes can be found in crash reports in sections such as contributing cause, collision type, traffic control, offense charged, and the narrative and/or diagram. This data should be evaluated in detail to determine if a red light running problem is resulting in crashes at an intersection. Crash rates should be reported in crashes per million entering vehicles and by types of crashes, specifically for angle and rear end crash types. The most prominent crash types of red light running violators are angle and turning crashes. Crashes involving single vehicles or pedestrians and bicyclists can also occur as a result of red light running when violators or other drivers take evasive action to avoid crashes or when coming in conflict with pedestrians and bicyclists legally in the intersection. Violation Rates The engineering analysis should document the frequency or violation rate of red light running at an intersection. Violations shall be analyzed for a minimum of a 12 hour period, preferably from 7 AM to 7 PM, and be summarized by approach and movement for all legs of the intersection even if a particular leg is not under consideration for photo enforcement. Violation rates shall be collected concurrently with the traffic count and classification study.This documentation will help to determine if a problem exists and will also provide a measure for comparison once photo enforcement is implemented. Counts of red light violations at an intersection should be done either manually through field observations or by the preferred approach, video camera. This data may also provide important 16 February 19, 2008 Revised August 26, 2009 Revised Jan. 30, 2013 Revised June 18,2020 5 information on driver behavior and operational conditions at an intersection. The legislation states that violation rates be expressed as number of violations per 1,000 vehicles. Enforcement Endorsement The engineering analysis should document law enforcement opinions regarding red light running violations at specific intersections. In addition, as part of the engineering analysis, there should be documentation of law enforcement difficulties and safety issues related to apprehending red light violators by conventional means other than photo enforcement. APPROVAL PROCESS FOR STATE MAINTAINED INTERSECTIONS Requests for land use permits to install RLC within VDOT right of way falls under the provisions for Special Request and Installation Permits, Section 660 of the Land Use Permit Regulations (24VAC30-151). This section was recently revised to delegate the authority for approval of land use permits for RLC installations from the Commissioner to the appropriate District Administrator. The process for RLC installation requests occurring within VDOT’s right of way is as follows: • Localities request a scoping meeting with the District Traffic Engineer (DTE) and stakeholders to discuss the objectives of the program, the state requirements and the installation process. This initial meeting will answer many questions on both sides and provide an opportunity to exchange lessons learned. • Localities submit formal request including the mandated P.E.signed and sealed safety analysis to the appropriate Area Land Use Engineer (ALUE) or appropriate district permit authority in order to apply for the necessary land use permit. The safety analysis shall be conducted in conformance with VDOT’s study template • ALUE will transmit request and documentation to the DTE. • DTE will coordinate review with Central Office Traffic Engineering Division and the residency administrator and is responsible for all additional communications with the requesting locality as changes and clarifications are made. • DTE will submit the request, safety analysis and his recommendation to the District Administrator (DA) for action with copies to the ALUE. • DA will send his decision to the permit authority for appropriate processing and copy the DTE. • Central Office TED is notified of the decision and posts approved locations to the department’s red light running camera website. A flow chart of this process can be found in Appendix B. Appeals or Exceptions to the District Administrator’s decision are at the discretion of the Commissioner or his designee. 17 February 19, 2008 Revised August 26, 2009 Revised Jan. 30, 2013 Revised June 18,2020 6 INTERFACING WITH VDOT SIGNAL EQUIPMENT Safe and efficient signalized intersections are a high priority for the Department. Considerable technical equipment is located throughout a modern signalized intersection. Highly trained technicians maintain and operate these systems. Allowing improperly trained personnel to work on this equipment could jeopardize the safety of the traveling public as well as expose the Department and/or the locality to liability. VDOT will not allow access to, or any work around, any Department maintained traffic signal component unless a VDOT traffic signal technician is present. Qualifications of those performing work for a locality must be submitted and approved by VDOT. An insurance certificate may be required. Additional requirements related to securing a land use permit for installation of RLC are detailed in the referenced Special Request and Installation Permit section 660 of the Land Use Permit Regulations. 18 APPENDIX A LEGISLATION 19 A-1 VIRGINIA ACTS OF ASSEMBLY -- 2007 RECONVENED SESSION CHAPTER 903 An Act to amend the Code of Virginia by adding a section numbered 15.2-968.1, relating to local ordinances establishing certain traffic signal enforcement programs; penalties. [S 829] Approved April 4, 2007 Be it enacted by the General Assembly of Virginia: 1. That the Code of Virginia is amended by adding a section numbered 15.2-968.1 as follows: § 15.2-968.1. Use of photo-monitoring systems to enforce traffic light signals. A. The governing body of any county, city, or town may provide by ordinance for the establishment of a traffic signal enforcement program imposing monetary liability on the operator of a motor vehicle for failure to comply with traffic light signals in such locality in accordance with the provisions of this section. Each such locality may install and operate traffic light signal photo-monitoring systems at no more than one intersection for every 10,000 residents within each county, city, or town at any one time, provided, however, that within planning District 8, each study locality may install and operate traffic light signal photo-monitoring systems at no more than 10 intersections, or at no more than one intersection for every 10,000 residents within 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 imposed pursuant to this section if such vehicle is found, as evidenced by information 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 information obtained from a traffic light signal violation monitoring system authorized pursuant to this section. A certificate, sworn to or affirmed by a law-enforcement officer employed by a locality authorized to impose penalties pursuant to this section, or a facsimile thereof, based upon inspection of photographs, microphotographs, videotape, or other recorded images produced by a traffic light signal violation monitoring system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotape, or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation pursuant to an ordinance adopted pursuant to this section. D. In the prosecution for a violation of any local ordinance adopted as provided in this section, prima facie evidence that the vehicle described in the summons issued pursuant to this section was operated in violation of such ordinance, together with proof that the defendant was at the time of such violation the owner, lessee, or renter of the vehicle, shall constitute in evidence a rebuttable presumption that such owner, lessee, or renter of the vehicle was the person who committed the violation. Such presumption shall be rebutted if the owner, lessee, or renter of the vehicle (i) files an affidavit by regular mail with the clerk of the general district court that he was not the operator of the vehicle at the time of the alleged violation or (ii) testifies in open court under oath that he was not the operator of the vehicle at the time of the alleged violation. Such presumption shall also be rebutted if a certified copy of a police report, showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation of this section, is presented, prior to the return date established on the summons issued pursuant to this section, to the court adjudicating the alleged violation. E. For purposes of this section, "owner" means the registered owner of such vehicle on record with the Department of Motor Vehicles. For purposes of this section, "traffic light signal violation monitoring system" means a vehicle sensor installed to work in conjunction with a traffic light that automatically produces two or more photographs, two or more microphotographs, video, or other recorded images of each vehicle at the time it is used or operated in violation of § 46.2- 833, 46.2-835, or 46.2-836. For each such vehicle, at least one recorded image shall be of the vehicle before it has illegally entered the intersection, and at least one recorded image shall be of the same vehicle after it has illegally entered that intersection. F. Imposition of a penalty pursuant to this section shall not be deemed a conviction as an operator and shall not be made part of the operating record of the person upon whom such liability is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage. No monetary penalty imposed under this section shall exceed $50, nor shall it include 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 a violation of this section may be executed by mailing by first class mail a copy thereof to the 20 A-2 owner, lessee, or renter of the vehicle. In the case of a vehicle owner, the copy shall be mailed to the address contained in the records of the Department of Motor Vehicles; in the case of a vehicle lessee or rentor, the copy shall be mailed to the address contained in the records of the lessor or rentor. Every such mailing shall include, in addition to the summons, a notice of (i) the summoned person's ability to rebut the presumption that he was the operator of the vehicle at the time of the alleged violation through the filing of an affidavit as provided in subsection D and (ii) instructions for filing such affidavit, including the address to which the affidavit is to be sent. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, 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 shall be instituted for failure to appear on the return date of the summons. Any summons executed for a violation of this section shall provide to the person summoned at least 60 business days from the mailing of the summons to inspect information collected by a traffic light signal violation monitoring system in connection with the violation. H. Information collected by a traffic light signal violation monitoring system installed and operated pursuant to subsection A shall be limited exclusively to that information that is necessary for the enforcement of traffic light violations. On behalf of a locality, a private entity may not obtain records regarding the registered owners of vehicles that fail to comply with traffic light signals. Notwithstanding any other provision of law, all photographs, microphotographs, electronic images, or other personal information collected by a traffic light signal violation monitoring system shall be used exclusively for enforcing traffic light violations and shall not (i) be open to the public; (ii) be sold or used for sales, solicitation, or marketing purposes; (iii) be disclosed to any other entity except as may be necessary for the enforcement of a traffic light violation or 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 action or proceeding relates to a violation of § 46.2-833, 46.2-835, or 46.2- 836 or requested upon order from a court of competent jurisdiction. Information collected under this section pertaining to a specific violation shall be purged and not retained later than 60 days after the collection of any civil penalties. If a locality does not execute a summons for a violation of this section within 10 business days, all information collected pertaining to that suspected violation shall be purged within two business days. Any locality operating a traffic light signal violation monitoring system shall annually certify compliance with this section and make all records pertaining to such system available for inspection and audit by the Commonwealth Transportation Commissioner or the Commissioner of the Department of Motor Vehicles or his designee. Any person who discloses personal information in violation of the provisions of this subsection shall be subject to a civil penalty of $1,000. I. A private entity may enter into an agreement with a locality to be compensated for providing the traffic light signal violation monitoring system or equipment, and all related support services, to include consulting, operations and administration. However, only a law-enforcement officer employed by a locality may swear to or affirm the certificate required by subsection C. No locality shall enter into an agreement for compensation based on the number of violations or monetary penalties imposed. J. When selecting potential intersections for a traffic light signal violation monitoring system, a locality shall consider factors such as (i) the accident rate for the intersection, (ii) the rate of red light violations occurring at the intersection (number of violations per number of vehicles), (iii) the difficulty experienced by law-enforcement officers in patrol cars or on foot in apprehending violators, and (iv) the ability of law-enforcement officers to apprehend violators safely within a reasonable distance from the violation. Localities may consider the risk to pedestrians as a factor, if applicable. A locality shall submit a list of intersections to the Virginia Department of Transportation for final approval. K. Before the implementation of a traffic light signal violation monitoring system at an intersection, the locality shall complete an engineering safety analysis that addresses signal timing and other location-specific safety features. The length of the yellow phase shall be established based on the recommended methodology of the Institute of Transportation Engineers. All traffic light signal violation monitoring systems shall provide a minimum 0.5-second grace period between the time the signal turns red and the time the first violation is recorded. If recommended by the engineering safety analysis, the locality shall make reasonable location-specific safety improvements, including signs and pavement markings. L. Any locality that uses a traffic light signal violation monitoring system shall evaluate the system on a monthly basis to ensure all cameras and traffic signals are functioning properly. Evaluation results shall be made available to the public. M. Any locality that uses a traffic light signal violation monitoring system to enforce traffic light signals shall place conspicuous signs within 500 feet of the intersection approach at which a traffic light signal violation monitoring system is used. There shall be a rebuttable presumption that such signs were in place at the time of the commission of the traffic light signal violation. N. Prior to or coincident with the implementation or expansion of a traffic light signal violation monitoring system, a locality shall conduct a public awareness program, advising the public that the locality is implementing or expanding a traffic light signal violation monitoring system. 21 A-3 VIRGINIA ACTS OF ASSEMBLY -- 2012 SESSION CHAPTER 805 An Act to amend and reenact §§ 2.2-1124, 2.2-4303, 2.2-4343, 5.1-40, 15.2-968.1, 15.2-1643, 15.2-2223.1, 22.1-18.1, 22.1-92, 22.1-129, 22.1-275.1, 37.2-504, 37.2-508, 42.1-36.1, and 51.5-89 of the Code of Virginia and to repeal § 2 of the first enactment of Chapter 814 of the Acts of Assembly of 2010, relating to the elimination of various mandates on local and regional entities relating to procurement procedures, education, and land use. [H 1295] Approved April 18, 2012 § 15.2-968.1. Use of photo-monitoring systems to enforce traffic light signals. A. The governing body of any county, city, or town may provide by ordinance for the establishment of a traffic signal enforcement program imposing monetary liability on the operator of a motor vehicle for failure to comply with traffic light signals in such locality in accordance with the provisions of this section. Each such locality may install and operate traffic light signal photo-monitoring systems at no more than one intersection for every 10,000 residents within each county, city, or town at any one time, provided, however, that within planning District 8, each such locality may install and operate traffic light signal photo-monitoring systems at no more than 10 intersections, or at no more than one intersection for every 10,000 residents within 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 imposed pursuant to this section if such vehicle is found, as evidenced by information 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 information obtained from a traffic light signal violation monitoring system authorized pursuant to this section. A certificate, sworn to or affirmed by a law-enforcement officer employed by a locality authorized to impose penalties pursuant to this section, or a facsimile thereof, based upon inspection of photographs, microphotographs, videotape, or other recorded images produced by a traffic light signal violation monitoring system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotape, or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation pursuant to an ordinance adopted pursuant to this section. D. In the prosecution for a violation of any local ordinance adopted as provided in this section, prima facie evidence that the vehicle described in the summons issued pursuant to this section was operated in violation of such ordinance, together with proof that the defendant was at the time of such violation the owner, lessee, or renter of the vehicle, shall constitute in evidence a rebuttable presumption that such owner, lessee, or renter of the vehicle was the person who committed the violation. Such presumption shall be rebutted if the owner, lessee, or renter of the vehicle (i) files an affidavit by regular mail with the clerk of the general district court that he was not the operator of the vehicle at the time of the alleged violation or (ii) testifies in open court under oath that he was not the operator of the vehicle at the time of the alleged violation. Such presumption shall also be rebutted if a certified copy of a police report, showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation of this section, is presented, prior to the return date established on the summons issued pursuant to this section, to the court adjudicating the alleged violation. E. For purposes of this section, "owner" means the registered owner of such vehicle on record with the Department of Motor Vehicles. For purposes of this section, "traffic light signal violation monitoring system" means a vehicle sensor installed to work in conjunction with a traffic light that automatically produces two or more photographs, two or more microphotographs, video, or other recorded images of each vehicle at the time it is used or operated in violation of § 46.2- 833, 46.2-835, or 46.2-836. For each such vehicle, at least one recorded image shall be of the vehicle before it has illegally entered the intersection, and at least one recorded image shall be of the same vehicle after it has illegally entered that intersection. F. Imposition of a penalty pursuant to this section shall not be deemed a conviction as an operator and shall not be made part of the operating record of the person upon whom such liability is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage. No monetary penalty imposed under this section shall exceed $50, nor shall it include court costs. 22 A-4 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 a violation of this section may be executed by mailing by first class mail a copy thereof to the owner, lessee, or renter of the vehicle. In the case of a vehicle owner, the copy shall be mailed to the address contained in the records of the Department of Motor Vehicles; in the case of a vehicle lessee or renter, the copy shall be mailed to the address contained in the records of the lessor or renter. Every such mailing shall include, in addition to the summons, a notice of (i) the summoned person's ability to rebut the presumption that he was the operator of the vehicle at the time of the alleged violation through the filing of an affidavit as provided in subsection D and (ii) instructions for filing such affidavit, including the address to which the affidavit is to be sent. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, 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 shall be instituted for failure to appear on the return date of the summons. Any summons executed for a violation of this section shall provide to the person summoned at least 30 business days from the mailing of the summons to inspect information collected by a traffic light signal violation monitoring system in connection with the violation. H. Information collected by a traffic light signal violation monitoring system installed and operated pursuant to subsection A shall be limited exclusively to that information that is necessary for the enforcement of traffic light violations. On behalf of a locality, a private entity that operates a traffic light signal violation monitoring system may enter into an agreement with the Department of Motor Vehicles, in accordance with the provisions of subdivision B 21 of § 46.2-208, to obtain vehicle owner information regarding the registered owners of vehicles that fail to comply with a traffic light signal. Information provided to the operator of a traffic light signal violation monitoring system shall be protected in a database with security comparable to that of the Department of Motor Vehicles' system, and used only for enforcement against individuals who violate the provisions of this section. Notwithstanding any other provision of law, all photographs, microphotographs, electronic images, or other personal information collected by a traffic light signal violation monitoring system shall be used exclusively for enforcing traffic light violations and shall not (i) be open to the public; (ii) be sold or used for sales, solicitation, or marketing purposes; (iii) be disclosed to any other entity except as may be necessary for the enforcement of a traffic light violation or 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 action or proceeding relates to a violation of § 46.2-833, 46.2- 835, or 46.2-836 or requested upon order from a court of competent jurisdiction. Information collected under this section pertaining to a specific violation shall be purged and not retained later than 60 days after the collection of any civil penalties. If a locality does not execute a summons for a violation of this section within 10 business days, all information collected pertaining to that suspected violation shall be purged within two business days. Any locality operating a traffic light signal violation monitoring system shall annually certify compliance with this section and make all records pertaining to such system available for inspection and audit by the Commissioner of Highways or the Commissioner of the Department of Motor Vehicles or his designee. Any person who discloses personal information in violation of the provisions of this subsection shall be subject to a civil penalty of $1,000 per disclosure. Any unauthorized use or disclosure of such personal information shall be grounds for termination of the agreement between the Department of Motor Vehicles and the private entity. I. A private entity may enter into an agreement with a locality to be compensated for providing the traffic light signal violation monitoring system or equipment, and all related support services, to include consulting, operations and administration. However, only a law-enforcement officer employed by a locality may swear to or affirm the certificate required by subsection C. No locality shall enter into an agreement for compensation based on the number of violations or monetary penalties imposed. J. When selecting potential intersections for a traffic light signal violation monitoring system, a locality shall consider factors such as (i) the accident rate for the intersection, (ii) the rate of red light violations occurring at the intersection (number of violations per number of vehicles), (iii) the difficulty experienced by law-enforcement officers in patrol cars or on foot in apprehending violators, and (iv) the ability of law-enforcement officers to apprehend violators safely within a reasonable distance from the violation. Localities may consider the risk to pedestrians as a factor, if applicable. K. Before the implementation of a traffic light signal violation monitoring system at an intersection, the locality shall complete an engineering safety analysis that addresses signal timing and other location-specific safety features. The length of the yellow phase shall be established based on the recommended methodology of the Institute of Transportation Engineers. All traffic light signal violation monitoring systems shall provide a minimum 0.5-second grace period between the time the signal turns red and the time the first violation is recorded. If recommended by the engineering safety analysis, the locality shall make reasonable location-specific safety improvements, including signs and pavement markings. L. Any locality that uses a traffic light signal violation monitoring system shall evaluate the system on a monthly basis to ensure all cameras and traffic signals are functioning properly. Evaluation results shall be made available to the public. 23 A-5 M. Any locality that uses a traffic light signal violation monitoring system to enforce traffic light signals shall place conspicuous signs within 500 feet of the intersection approach at which a traffic light signal violation monitoring system is used. There shall be a rebuttable presumption that such signs were in place at the time of the commission of the traffic light signal violation. N. Prior to or coincident with the implementation or expansion of a traffic light signal violation monitoring system, a locality shall conduct a public awareness program, advising the public that the locality is implementing or expanding a traffic light signal violation monitoring system. O. Notwithstanding any other provision of this section, if a vehicle depicted in images recorded by a traffic light signal photo-monitoring system is owned, 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 for employee disciplinary purposes. 24 APPENDIX B NUMBER OF ALLOWABLE PHOTO ENFORCED INTERSECTIONS PER LOCALITY 25 February 19, 2008 Revised August 26, 2009 Revised Jan. 30, 2013 B-1 NUMBER OF ALLOWABLE PHOTO ENFORCED INTERSECTIONS BY COUNTY JURISDICTION POPULATION 2010 POTENTIAL # OF INTERSECTIONS REGION DISTRICT Accomack 33,164 3 Eastern Hampton Roads Albemarle 98,970 10 Northwestern Culpeper Alleghany 16,250 2 Northwestern Staunton Amelia 12,690 1 Central Richmond Amherst 32,353 3 Southwestern Lynchburg Appomattox 14,973 1 Southwestern Lynchburg Arlington 207,627 21 Northern Nova Augusta 73,750 7 Northwestern Staunton Bath 4,731 0 Northwestern Staunton Bedford 68,676 7 Southwestern Salem Bland 6,824 0 Southwestern Bristol Botetourt 33,148 3 Southwestern Salem Brunswick 17,434 2 Central Richmond Buchanan 24,098 2 Southwestern Bristol Buckingham 17,146 2 Central Lynchburg Campbell 54,842 5 Southwestern Lynchburg Caroline 28,545 3 Central Fredericksburg Carroll 30,042 3 Southwestern Salem Charles City 7,256 0 Central Richmond Charlotte 12,586 1 Central Lynchburg Chesterfield 316,236 32 Central Richmond Clarke 14,034 1 Northwestern Staunton Craig 5,190 0 Southwestern Salem Culpeper 46,689 5 Northern Culpeper Cumberland 10,052 1 Central Lynchburg Dickenson 15,903 2 Southwestern Bristol Dinwiddie 28,001 3 Central Richmond Essex 11,151 1 Central Fredericksburg Fairfax 1,081,726 108 Northern Nova Fauquier 65,203 7 Northern Culpeper Floyd 15,279 2 Southwestern Salem Fluvanna 25,691 3 Northwestern Culpeper Franklin 56,159 6 Southwestern Salem Frederick 78,305 8 Northwestern Staunton Giles 17,286 2 Southwestern Salem Gloucester 36,858 4 Eastern Fredericksburg Goochland 21,717 2 Central Richmond Grayson 15,533 2 Southwestern Bristol Greene 18,403 2 Northwestern Culpeper Greensville 12,243 1 Eastern Hampton Roads 26 February 19, 2008 Revised August 26, 2009 Revised Jan. 30, 2013 B-2 NUMBER OF ALLOWABLE PHOTO ENFORCED INTERSECTIONS BY COUNTY JURISDICTION POPULATION 2010 POTENTIAL # OF INTERSECTIONS REGION DISTRICT Halifax 36,241 4 Central Lynchburg Hanover 99,863 10 Central Richmond Henrico 306,935 31 Central Richmond Henry 54,151 5 Southwestern Salem Highland 2,321 0 Northwestern Staunton Isle of Wight 35,270 4 Eastern Hampton Roads James City 67,009 7 Eastern Hampton Roads King and Queen 6,945 0 Central Fredericksburg King George 23,584 2 Northern Fredericksburg King William 15,935 2 Central Fredericksburg Lancaster 11,391 1 Central Fredericksburg Lee 25,587 3 Southwestern Bristol Loudoun 312,311 31 Northern Nova Louisa 33,153 3 Northwestern Culpeper Lunenburg 12,914 1 Central Richmond Madison 13,308 1 Northern Culpeper Mathews 8,978 0 Eastern Fredericksburg Mecklenburg 32,727 3 Central Richmond Middlesex 10,959 1 Eastern Fredericksburg Montgomery 94,392 9 Southwestern Salem Nelson 15,020 2 Southwestern Lynchburg New Kent 18,429 2 Central Richmond Northampton 12,389 1 Eastern Hampton Roads Northumberland 12,330 1 Central Fredericksburg Nottoway 15,853 2 Central Richmond Orange 33,481 3 Northern Culpeper Page 24,042 2 Northwestern Staunton Patrick 18,490 2 Southwestern Salem Pittsylvania 63,506 6 Southwestern Lynchburg Powhatan 28,046 3 Central Richmond Prince Edward 23,368 2 Central Lynchburg Prince George 35,725 4 Central Richmond Prince William 402,002 40 Northern Nova Pulaski 34,872 3 Southwestern Salem Rappahannock 7,373 0 Northern Culpeper Richmond 9,254 0 Central Fredericksburg Roanoke 92,376 9 Southwestern Salem Rockbridge 22,307 2 Northwestern Staunton Rockingham 76,314 8 Northwestern Staunton Russell 28,897 3 Southwestern Bristol Scott 23,177 2 Southwestern Bristol 27 February 19, 2008 Revised August 26, 2009 Revised Jan. 30, 2013 B-3 NUMBER OF ALLOWABLE PHOTO ENFORCED INTERSECTIONS BY COUNTY JURISDICTION POPULATION 2010 POTENTIAL # OF INTERSECTIONS REGION DISTRICT Shenandoah 41,993 4 Northwestern Staunton Smyth 32,208 3 Southwestern Bristol Southampton 18,570 2 Eastern Hampton Roads Spotsylvania 122,397 12 Northern Fredericksburg Stafford 128,961 13 Northern Fredericksburg Surry 7,058 0 Eastern Hampton Roads Sussex 12,087 1 Eastern Hampton Roads Tazewell 45,078 5 Southwestern Bristol Warren 37,575 4 Northwestern Staunton Washington 54,876 5 Southwestern Bristol Westmoreland 17,454 2 Central Fredericksburg Wise 41,452 4 Southwestern Bristol Wythe 29,235 3 Southwestern Bristol York 65,464 7 Eastern Hampton Roads 28 February 19, 2008 Revised August 26, 2009 Revised Jan. 30, 2013 B-4 NUMBER OF ALLOWABLE PHOTO ENFORCED INTERSECTIONS BY CITY JURISDICTION POPULATION 2010 POTENTIAL # OF INTERSECTIONS REGION DISTRICT Alexandria 139,966 14 Northern Nova Bedford 6,222 0 Southwestern Salem Bristol 17,835 2 Southwestern Bristol Buena Vista 6,650 0 Northwestern Staunton Charlottesville 43,475 4 Northwestern Culpeper Chesapeake 222,209 22 Eastern Hampton Roads Colonial Heights 17,411 2 Central Richmond Covington 5,961 0 Northwestern Staunton Danville 43,055 4 Southwestern Lynchburg Emporia 5,927 0 Eastern Hampton Roads Fairfax 22,565 2 Northern Nova Falls Church 12,332 1 Northern Nova Franklin 8,582 0 Eastern Hampton Roads Fredericksburg 24,286 2 Northern Fredericksburg Galax 7,042 0 Southwestern Salem Hampton 137,436 14 Eastern Hampton Roads Harrisonburg 48,914 5 Northwestern Staunton Hopewell 22,591 2 Central Richmond Lexington 7,042 0 Northwestern Staunton Lynchburg 75,568 8 Southwestern Lynchburg Manassas 37,821 4 Northern Nova Manassas Park 14,273 1 Northern Nova Martinsville 13,821 1 Southwestern Salem Newport News 180,719 18 Eastern Hampton Roads Norfolk 242,803 24 Eastern Hampton Roads Norton 3,958 0 Southwestern Bristol Petersburg 32,420 3 Central Richmond Poquoson 12,150 1 Eastern Hampton Roads Portsmouth 95,535 10 Eastern Hampton Roads Radford 16,408 2 Southwestern Salem Richmond 204,214 20 Central Richmond Roanoke 97,032 10 Southwestern Salem Salem 24,802 2 Southwestern Salem Staunton 23,746 2 Northwestern Staunton Suffolk 84,585 8 Eastern Hampton Roads Virginia Beach 437,994 44 Eastern Hampton Roads Waynesboro 21,006 2 Northwestern Staunton Williamsburg 14,068 1 Eastern Hampton Roads Winchester 26,203 3 Northwestern Staunton 29 February 19, 2008 Revised August 26, 2009 Revised Jan. 30, 2013 B-5 NUMBER OF ALLOWABLE PHOTO ENFORCED INTERSECTIONS BY TOWN JURISDICTION JURISDICTION TYPE POPULATION 2010 POTENTIAL # OF INTERSECTIONS REGION DISTRICT Abingdon Town 8,191 0 Southwestern Bristol Accomac Town 519 0 Eastern Hampton Roads Alberta Town 298 0 Central Richmond Amherst Town 2,232 0 Southwestern Lynchburg Appalachia Town 1,754 0 Southwestern Bristol Appomattox Town 1,733 0 Southwestern Lynchburg Ashland Town 7,225 0 Central Richmond Belle Haven Town 532 0 Eastern Hampton Roads Berryville Town 4,185 0 Northwestern Staunton Big Stone Gap Town 5,614 0 Southwestern Bristol Blacksburg Town 42,620 4 Southwestern Salem Christiansburg Town 21,041 2 Southwestern Salem Clifton Town 282 0 Northern Nova Hamilton Town 506 0 Northern Nova Haymarket Town 1,782 0 Northern Nova Hillsboro Town 80 0 Northern Nova Leesburg Town 42,616 4 Northern Nova Lovettsville Town 1,613 0 Northern Nova Middleburg Town 673 0 Northern Nova Occoquan Town 934 0 Northern Nova Quantico Town 480 0 Northern Nova Round Hill Town 539 0 Northern Nova Culpeper Town 16,379 2 Northern Culpeper Dumfries Town 4,961 0 Northern Nova Front Royal Town 14,440 1 Northwestern Staunton Herndon Town 23,292 2 Northern Nova Purcellville Town 7,727 0 Northern Nova Vienna Town 15,687 1 Northern Nova 30 APPENDIX C APPROVAL PROCESS FLOW CHART 31 February 19, 2008 Revised August 26, 2009 Revised Jan. 30, 2013 Revised June 18, 2020 C-1 32 APPENDIX D REFERENCE DOCUMENTS 33 D-1 REFERENCES Red Light Camera Systems: Operational Guidelines, Federal Highway Administration and National Highway Traffic Safety Administration, Washington, DC, January 2005. Making Intersections Safer: A Toolbox of Engineering Countermeasures to Reduce Red-Light Running, Federal Highway Administration and Institute of Transportation Engineers, Washington, DC, 2003. Field Guide for Inspecting Signalized Intersection to Reduce Red-Light Running, Federal Highway Administration and Institute of Transportation Engineers, Washington, DC, 2003. Intersection Safety Briefs, Federal Highway Administration and Institute of Transportation Engineers, Washington, DC, 2004. http://www.ite.org/library/IntersectionSafety/BriefingSheets.pdf Guidelines for Determining Traffic Signal Change and Clearance Intervals, A Recommended Practice of the Institute of Transportation Engineers, Prepared by ITE Technical Advisory Committee, April 2020 Manual on Uniform Traffic Control Devices for Streets and Highways, 2003 Edition, Federal Highway Administration, Washington, DC, 2003. A Policy on Geometric Design of Highways and Streets, American Association of State Highway Transportation Officials, Washington, DC, 2001. Garber, N.J., et. al., An Evaluation of Red Light Camera (Photo-Red) Enforcement Programs in Virginia: A Report in Response to a Request By Virginia’s Secretary of Transportation, Virginia Transportation Research Council, Charlottesville, VA, January 2005. National Campaign to Stop Red Light Running, http://www.stopredlightrunning.com PB Farradyne Inc., City of San Diego Photo Enforcement System Review Final Report, Prepared for the City of San Diego Police Department, January 2002. Retting, R.A., A.F. Williams, C.M. Farmer, and A.F. Feldman, “Evaluation of Red Light Camera Enforcement in Fairfax, Virginia,” ITE Journal, October 1998, pp. 30-34 A. Kamyab et. al., Red Light Running in Iowa: The Scope Impact and Possible Implications, Final Report, Center for Transportation Research and Education, Ames, Iowa, 2000. J.S. Milazzo, J.E. Hummer and L.M. Prothe, A Recommended Policy of Automated Electronic Traffic Enforcement of Red-Light Running Violations in North Carolina, North Carolina Governor’s Highway Safety Program, North Carolina State University, 2001. 34 D-2 Lockwood, M., and Kastenhofer, I., Evaluation of Traffic Engineering Aspects of Photo Monitoring Programs in Virginia, Virginia Department of Transportation, Richmond, VA, May 2002 Council, F.M., B. Persaud, K. Eccles, C. Lyon, and M.S. Griffith. Safety Evaluation of Red-Light Cameras. Washington, DC: Federal Highway Administration, Report No. FHWA-HRT-05-048, April 2005. 35 APPENDIX E ENGINEERING SAFETY ANALYSIS TEMPLATE 36 VDOT Traffic Signal Photo Enforcement Engineering Analysis Template Local Jurisdiction: ___________________________ VDOT District:________________ (County/City/Town) Intersection: _____________________________________________________ Street Name (Route #) at Street Name (Route #) Intersection approaches under consideration for photo enforcement: This Study performed under the direction of ____________________________ (licensed professional engineer) A. INTERSECTION & SIGNAL DATA (Include information on all approaches not just those under consideration for photo enforcement) 1. Signal Visibility a. Minimum Sight Distance to Signal Approach Grade Speed Limit (mph) Measure (ft) Required (ft)* *See attached table of minimum sight distance requirements from the MUTCD. b. Are “SIGNAL AHEAD” signs present? Yes No Are “SIGNAL AHEAD” signs needed? Yes No Are other warning signs present in the vicinity of the intersection? Yes No Explain: _________________________________________________________ ______________________________________________________________________ c. Information on Signal Heads Approach Lens Size Lens Type (LED or Bulb) Back Plates (Yes or No) 2. Pavement and Markings Data a. Stop bars in “good” condition? Yes No Explain: _________________________________________________________ ______________________________________________________________________ b. Lane lines “clearly” visible? Yes No Explain: _________________________________________________________ ______________________________________________________________________ 37 c. Crosswalks “clearly” marked? Yes No Explain: _________________________________________________________ ______________________________________________________________________ d. Pavement conditions (ruts, potholes, cracking, etc.)? Good Explain: _____________________________________________ Fair Explain: _____________________________________________ Poor Explain: _____________________________________________ e. Pavement surface treatments exist? (rumble strips, texturing, pavers, etc.) Yes Explain: _____________________________________________ _____________________________________________________ No 3. Provide scaled diagram of intersection including: pavement markings, width of lanes and medians, location of signal heads and signs, locations of loops/detectors, and grades. N 38 B. SIGNAL TIMING & TRAFFIC DATA (Include information on all approaches not just those under consideration for photo enforcement) 1. Clearance Intervals Approach Posted Speed Limit Grade Width of Intersection Yellow Interval All Red Interval Existing Calculated* Existing Calculated* *Reference ITE Guidelines for Determining Traffic Signal Change & Clearance Intervals April 2020. 2. Include existing controller settings for each phase and each time-of-day. Information should include applicable settings such as minimum green, max 1 & 2, passage, minimum gap/ext, protected-permissive, lead-lag, yellow and all red, walk and ped clearance time, recall settings, offsets, cycle length, etc. Include analysis of peak hour conditions and discuss whether signal timings (phasing, cycle length, progression, coordination, etc) are contributing to red-light running problem. a. Do signal timings or phasing factor in as a possible contributor to RLR at this intersection? Yes Explain: _____________________________________________ _____________________________________________________ No Explain: _____________________________________________ _____________________________________________________ b. List comments or recommendations on potential signal timing or phasing changes: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ 3. Vehicle Detection Data Approach and Movement Detection Type (loop, video, etc.) Detector Location (measured from stop bar) 4. 48-Hour Traffic Volume & Classification Data (Concurrent with 12- hour violation survey) Approach and Movement Daily Volumes Peak Hour Volumes Total Heavy Vehicles Total Heavy Vehicles 39 C. CRASH & ENFORCEMENT DATA (Include information on all approaches not just those under consideration for photo enforcement) 1. Most Recent Three-Year Crash Data Collision Type 3-year Total Number of Injury Crashes Number of Fatal Crashes Crashes Associated With Red-Light-Running Angle Rear End Head On Sideswipe Pedestrian Bicyclist TOTAL 2. Crash Rate a. Number of crashes per million entering vehicles: _____________ b. Locality rate for comparison (if available): _____________ 3. Violation Rate a. Number of red light running citations per year issued by law enforcement at the evaluated intersection, if available. Number: __________ Year: ___________ b.12-hour observed violation rate (conducted concurrently with traffic count survey) Date: ______________ Time Period: ________ *per 1000 vehicles 4. Enforcement and Operational Issues a. Describe the difficulty experienced by law enforcement officers in patrol cars or on foot in apprehending violators. _________________________________________________________________ _________________________________________________________________ b. Describe the ability of law enforcement officers to apprehend violators safely within a reasonable distance from the violation. _________________________________________________________________ _________________________________________________________________ c. Are pedestrians at risk due to violations? Yes No Explain: __________________________________________________________ _________________________________________________________________ Approach and Movement Traffic Volume Number of Violations 40 Number of pedestrians per hour? _______ Pedestrian crosswalk provided? Yes No d. Have there been any changes to the operations of the intersection (signal timing, restriping, or increased enforcement) within the past three years? Yes No Explain: __________________________________________________________ _________________________________________________________________ Minimum Sight Distance 85th Percentile Minimum Speed Sight (mph) Distance (ft) 20 175 25 215 30 270 35 325 40 390 45 460 50 540 55 625 60 715 Table 4D-2 Manual on Uniform Traffic Control Devices, (2009 Edition) Transportation Research Board (TRB), Washington, DC, 2003 41 February 19, 2008 Revised August 26, 2009 Revised Jan. 30, 2013 Revised June 18, 2020 E-1 VDOT Traffic Signal Photo Enforcement Engineering Analysis Template Local Jurisdiction: ___________________________ VDOT District:________________ (County/City/Town) Intersection: _____________________________________________________ Street Name (Route #) at Street Name (Route #) Intersection approaches under consideration for photo enforcement: This Study performed under the direction of ____________________________ (licensed professional engineer) A. INTERSECTION & SIGNAL DATA (Include information on all approaches not just those under consideration for photo enforcement) 1. Signal Visibility a. Minimum Sight Distance to Signal Approach Grade Speed Limit (mph) Measure (ft) Required (ft)* *See attached table of minimum sight distance requirements from the MUTCD. b. Are “SIGNAL AHEAD” signs present? Yes No Are “SIGNAL AHEAD” signs needed? Yes No Are other warning signs present in the vicinity of the intersection? Yes No Explain: _________________________________________________________ ______________________________________________________________________ c. Information on Signal Heads Approach Lens Size Lens Type (LED or Bulb) Back Plates (Yes or No) 2. Pavement and Markings Data a. Stop bars in “good” condition? Yes No Explain: _________________________________________________________ ______________________________________________________________________ b. Lane lines “clearly” visible? Yes No Explain: _________________________________________________________ ______________________________________________________________________ 42 February 19, 2008 Revised August 26, 2009 Revised Jan. 30, 2013 Revised June 18, 2020 E-2 c. Crosswalks “clearly” marked? Yes No Explain: _________________________________________________________ ______________________________________________________________________ d. Pavement conditions (ruts, potholes, cracking, etc.)? Good Explain: _____________________________________________ Fair Explain: _____________________________________________ Poor Explain: _____________________________________________ e. Pavement surface treatments exist? (rumble strips, texturing, pavers, etc.) Yes Explain: _____________________________________________ _____________________________________________________ No 3. Provide scaled diagram of intersection including: pavement markings, width of lanes and medians, location of signal heads and signs, locations of loops/detectors, and grades. N 43 February 19, 2008 Revised August 26, 2009 Revised Jan. 30, 2013 Revised June 18, 2020 E-3 B. SIGNAL TIMING & TRAFFIC DATA (Include information on all approaches not just those under consideration for photo enforcement) 1. Clearance Intervals Approach Posted Speed Limit Grade Width of Intersection Yellow Interval All Red Interval Existing Calculated* Existing Calculated* *Reference ITE Guidelines for Determining Traffic Signal Change & Clearance Intervals dated April 2020 2. Include existing controller settings for each phase and each time-of-day. Information should include applicable settings such as minimum green, max 1 & 2, passage, minimum gap/ext, protected-permissive, lead-lag, yellow and all red, walk and ped clearance time, recall settings, offsets, cycle length, etc. Include analysis of peak hour conditions and discuss whether signal timings (phasing, cycle length, progression, coordination, etc) are contributing to red-light running problem. a. Do signal timings or phasing factor in as a possible contributor to RLR at this intersection? Yes Explain: _____________________________________________ _____________________________________________________ No Explain: _____________________________________________ _____________________________________________________ b. List comments or recommendations on potential signal timing or phasing changes: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ 3. Vehicle Detection Data Approach and Movement Detection Type (loop, video, etc.) Detector Location (measured from stop bar) 4. 48-Hour Traffic Volume & Classification Data (Concurrent with 12- hour violation survey) Approach and Movement Daily Volumes Peak Hour Volumes Total Heavy Vehicles Total Heavy Vehicles 44 February 19, 2008 Revised August 26, 2009 Revised Jan. 30, 2013 Revised June 18,2020 E-4 C. CRASH & ENFORCEMENT DATA (Include information on all approaches not just those under consideration for photo enforcement) 1. Most Recent Three-Year Crash Data Collision Type 3-year Total Number of Injury Crashes Number of Fatal Crashes Crashes Associated With Red-Light-Running Angle Rear End Head On Sideswipe Pedestrian Bicyclist TOTAL 2. Crash Rate a. Number of crashes per million entering vehicles: _____________ b. Locality rate for comparison (if available): _____________ 3. Violation Rate a. Number of red light running citations per year issued by law enforcement at the evaluated intersection, if available. Number: __________ Year: ___________ b.12-hour observed violation rate (conducted concurrently with traffic count survey) Date: ______________ Time Period: ________ *per 1000 vehicles 4. Enforcement and Operational Issues a. Describe the difficulty experienced by law enforcement officers in patrol cars or on foot in apprehending violators. _________________________________________________________________ _________________________________________________________________ b. Describe the ability of law enforcement officers to apprehend violators safely within a reasonable distance from the violation. _________________________________________________________________ _________________________________________________________________ c. Are pedestrians at risk due to violations? Yes No Explain: __________________________________________________________ _________________________________________________________________ Approach and Movement Traffic Volume Number of Violations 45 February 19, 2008 Revised August 26, 2009 Revised Jan. 30, 2013 Revised June 18, 2020 E-5 Number of pedestrians per hour? _______ Pedestrian crosswalk provided? Yes No d. Have there been any changes to the operations of the intersection (signal timing, restriping, or increased enforcement) within the past three years? Yes No Explain: __________________________________________________________ _________________________________________________________________ Minimum Sight Distance 85th Percentile Minimum Speed Sight (mph) Distance (ft) 20 175 25 215 30 270 35 325 40 390 45 460 50 540 55 625 60 715 Table 4D-2 Manual on Uniform Traffic Control Devices, (2009 Edition) Transportation Research Board (TRB), Washington, DC, 2003 46 Code of Virginia Title 15.2. Counties, Cities and Towns Subtitle II. Powers of Local Government Chapter 9. General Powers of Local Governments Article 5. Additional Powers § 15.2-968.1. (For contingent expiration date, see Acts 2023, c.738, cl. 2) Use of violation monitoring systems to enforce trafficlight signals and certain traffic control devices A. For purposes of this section: "Owner" means the registered owner on record with the Department of Motor Vehicles. "Traffic control device" has the same meaning as set forth in § 46.2-100. "Traffic control device violation monitoring system" means equipment that produces one or more photographs, microphotographs, video, or other recorded images of vehicles used or operated in violation of signs or markings placed in accordance with § 46.2-830. Traffic control device violation monitoring systems shall not be used to enforce violations of traffic light signals or speed limits. "Traffic light signal violation monitoring system" means a vehicle sensor installed to work in conjunction with a traffic light that automatically produces two or more photographs, two or more microphotographs, video, or other recorded images of each vehicle at the time it is used or operated in violation of § 46.2-833, 46.2-835, or 46.2-836. For each such vehicle, at least one recorded image shall be of the vehicle before it has illegally entered the intersection, and at least one recorded image shall be of the same vehicle after it has illegally entered the intersection. B. 1. The governing body of any county, city, or town may provide by ordinance for the establishment of a traffic signal enforcement program imposing monetary liability on the operator of a motor vehicle for failure to comply with traffic light signals in such locality in accordance with the provisions of this section. Each such locality may install and operate traffic light signal violation monitoring systems at no more than one intersection for every 10,000 residents within each county, city, or town at any one time, provided, however, that within planning District 8, each such locality may install and operate traffic light signal violation monitoring systems at no more than 10 intersections, or at no more than one intersection for every 10,000 residents within each county, city, or town, whichever is greater, at any one time. 2. In addition to the authority provided in subdivision 1, the governing body of any locality in Planning District 23 may provide by ordinance for the establishment of a traffic control device violation monitoring system imposing monetary liability on the operator of a motor vehicle for failure to comply with traffic control devices in such locality in accordance with the provisions of this section. Such governing body may install and operate a traffic control device violation monitoring system at any intersection deemed by the governing body to be negatively impacted by traffic due to the Hampton Roads Bridge-Tunnel Express Lanes Hampton Segment (4C) Project (HREL-P). C. The operator of a vehicle shall be liable for a monetary penalty imposed pursuant to this section if such vehicle is found, (i) as evidenced by information obtained from a traffic light 1 9/18/2023 12:00:00 AM 47 signal violation monitoring system, to have failed to comply with a traffic light signal within such locality or (ii) as evidenced by information obtained from a traffic control device violation monitoring system, to have failed to comply with a traffic control device within such locality. No operator shall be liable for a penalty pursuant to clause (i) and a penalty pursuant to clause (ii) arising out of the same act. No monetary penalty shall be imposed pursuant to this section for a first offense of failing to comply with a traffic control device, as evidenced by information obtained from a traffic control device violation monitoring system, and such operator shall be issued a written warning. D. Proof of a violation of this section shall be evidenced by information obtained from a traffic light signal violation monitoring system or traffic control device violation monitoring system authorized pursuant to this section. A certificate, sworn to or affirmed by a law-enforcement officer employed by a locality authorized to impose penalties pursuant to this section, or a facsimile thereof, based upon inspection of photographs, microphotographs, videotape, or other recorded images produced by a traffic light signal violation monitoring system or traffic control device violation monitoring system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotape, or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation pursuant to an ordinance adopted pursuant to this section. E. In the prosecution for a violation of any local ordinance adopted as provided in this section, prima facie evidence that the vehicle described in the summons issued pursuant to this section was operated in violation of such ordinance, together with proof that the defendant was at the time of such violation the owner, lessee, or renter of the vehicle, shall constitute in evidence a rebuttable presumption that such owner, lessee, or renter of the vehicle was the person who committed the violation. Such presumption shall be rebutted if the owner, lessee, or renter of the vehicle (i) files an affidavit by regular mail with the clerk of the general district court that he was not the operator of the vehicle at the time of the alleged violation or (ii) testifies in open court under oath that he was not the operator of the vehicle at the time of the alleged violation. Such presumption shall also be rebutted if a certified copy of a police report, showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation of this section, is presented, prior to the return date established on the summons issued pursuant to this section, to the court adjudicating the alleged violation. F. Imposition of a penalty pursuant to this section shall not be deemed a conviction as an operator and shall not be made part of the operating record of the person upon whom such liability is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage. No monetary penalty imposed under this section shall exceed $50, nor shall it include court costs. Any finding in a district court that an operator has violated an ordinance adopted as provided in this section shall be appealable to the circuit court in a civil proceeding. 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 a violation of this section may be executed by mailing by first class mail a copy thereof to the owner, lessee, or renter of the vehicle. In the case of a vehicle owner, the copy shall be mailed to the address contained in the records of the Department of Motor Vehicles; in the case of a vehicle lessee or renter, the copy shall be mailed to the address contained in the records of the lessor or renter. Every such mailing shall include, in addition to the summons, a notice of (i) the summoned person's ability to rebut the presumption that he was the operator of the vehicle at the time of the alleged violation 2 9/18/2023 12:00:00 AM 48 through the filing of an affidavit as provided in subsection E and (ii) instructions for filing such affidavit, including the address to which the affidavit is to be sent. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, 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 shall be instituted for failure to appear on the return date of the summons. Any summons executed for a violation of this section shall provide to the person summoned at least 30 business days from the mailing of the summons to inspect information collected by a traffic light signal violation monitoring system or traffic control device violation monitoring system in connection with the violation. H. Information collected by a traffic light signal violation monitoring system or traffic control device violation monitoring system installed and operated pursuant to subsection B shall be limited exclusively to that information that is necessary for the enforcement of traffic light or traffic control device violations. On behalf of a locality, a private entity that operates a traffic light signal violation monitoring system or traffic control device violation monitoring system may enter into an agreement with the Department of Motor Vehicles, in accordance with the provisions of subdivision B 21 of § 46.2-208, to obtain vehicle owner information regarding the registered owners of vehicles that fail to comply with a traffic light signal or traffic control device. Information provided to the operator of a traffic light signal violation monitoring system or traffic control device violation monitoring system shall be protected in a database with security comparable to that of the Department of Motor Vehicles' system, and used only for enforcement against individuals who violate the provisions of this section. Notwithstanding any other provision of law, all photographs, microphotographs, electronic images, or other personal information collected by a traffic light signal violation monitoring system or traffic control device violation monitoring system shall be used exclusively for enforcing traffic light or traffic control device violations and shall not (i) be open to the public; (ii) be sold or used for sales, solicitation, or marketing purposes; (iii) be disclosed to any other entity except as may be necessary for the enforcement of a traffic light or traffic control device violation or 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 action or proceeding relates to a violation of § 46.2-830, 46.2-833 , 46.2-835, or 46.2-836 or requested upon order from a court of competent jurisdiction. Information collected under this section pertaining to a specific violation shall be purged and not retained later than 60 days after the collection of any civil penalties. If a locality does not execute a summons for a violation of this section within 10 business days, all information collected pertaining to that suspected violation shall be purged within two business days. Any locality operating a traffic light signal violation monitoring system or traffic control device violation monitoring system shall annually certify compliance with this section and make all records pertaining to such system available for inspection and audit by the Commissioner of Highways or the Commissioner of the Department of Motor Vehicles or his designee. Any person who discloses personal information in violation of the provisions of this subsection shall be subject to a civil penalty of $1,000 per disclosure. Any unauthorized use or disclosure of such personal information shall be grounds for termination of the agreement between the Department of Motor Vehicles and the private entity. I. A private entity may enter into an agreement with a locality to be compensated for providing the traffic light signal violation monitoring system or equipment or traffic control device violation monitoring system or equipment, and all related support services, to include consulting, operations and administration. However, only a law-enforcement officer employed by 3 9/18/2023 12:00:00 AM 49 a locality may swear to or affirm the certificate required by subsection D. No locality shall enter into an agreement for compensation based on the number of violations or monetary penalties imposed. J. When selecting potential intersections for a traffic light signal violation monitoring system, a locality shall consider factors such as (i) the accident rate for the intersection, (ii) the rate of red light violations occurring at the intersection (number of violations per number of vehicles), (iii) the difficulty experienced by law-enforcement officers in patrol cars or on foot in apprehending violators, and (iv) the ability of law-enforcement officers to apprehend violators safely within a reasonable distance from the violation. Localities may consider the risk to pedestrians as a factor, if applicable. K. 1. Before the implementation of a traffic light signal violation monitoring system at an intersection, the locality shall complete an engineering safety analysis that addresses signal timing and other location-specific safety features. The length of the yellow phase shall be established based on the recommended methodology of the Institute of Transportation Engineers. No traffic light signal violation monitoring system shall be implemented or utilized for a traffic signal having a yellow signal phase length of less than three seconds. All traffic light signal violation monitoring systems shall provide a minimum 0.5-second grace period between the time the signal turns red and the time the first violation is recorded. If recommended by the engineering safety analysis, the locality shall make reasonable location-specific safety improvements, including signs and pavement markings. 2. Before the implementation of a traffic control device violation monitoring system at an intersection, the governing body of the implementing locality shall complete an engineering safety analysis that addresses the impact of the HREL-P on congestion, accident rates, and driver disregard for traffic control devices. If recommended by the engineering safety analysis, the locality shall make reasonable location-specific safety improvements, including signs and pavement markings. L. Any locality that uses a traffic light signal violation monitoring system or traffic control device violation monitoring system shall evaluate the system on a monthly basis to ensure all cameras and traffic signals are functioning properly. Evaluation results shall be made available to the public. M. Any locality that uses a traffic light signal violation monitoring system to enforce traffic light signals shall place conspicuous signs within 500 feet of the intersection approach at which a traffic light signal violation monitoring system is used. There shall be a rebuttable presumption that such signs were in place at the time of the commission of the traffic light signal violation. N. Prior to or coincident with the implementation or expansion of a traffic light signal violation monitoring system or traffic control device violation monitoring system, a locality shall conduct a public awareness program, advising the public that the locality is implementing or expanding a traffic light signal violation monitoring system or traffic control device violation monitoring system. O. Notwithstanding any other provision of this section, if a vehicle depicted in images recorded by a traffic light signal violation monitoring system or traffic control device violation monitoring system is owned, 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 for employee disciplinary 4 9/18/2023 12:00:00 AM 50 purposes. 2007, cc. 836, 903;2010, c. 175;2012, cc. 805, 836;2014, c. 163;2015, c. 714;2023, c. 738. This section has more than one version with varying effective dates. Scroll down to see all versions. The chapters of the acts of assembly referenced in the historical citation at the end of this section(s) may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. § 15.2-968.1. (For contingent effective date, see Acts 2023, c.738, cl. 2) Use of violation monitoring systems to enforce trafficlight signals and certain traffic control devices A. The governing body of any county, city, or town may provide by ordinance for the establishment of a traffic signal enforcement program imposing monetary liability on the operator of a motor vehicle for failure to comply with traffic light signals in such locality in accordance with the provisions of this section. Each such locality may install and operate traffic light signal photo-monitoring systems at no more than one intersection for every 10,000 residents within each county, city, or town at any one time, provided, however, that within planning District 8, each such locality may install and operate traffic light signal photo- monitoring systems at no more than 10 intersections, or at no more than one intersection for every 10,000 residents within 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 imposed pursuant to this section if such vehicle is found, as evidenced by information 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 information obtained from a traffic light signal violation monitoring system authorized pursuant to this section. A certificate, sworn to or affirmed by a law-enforcement officer employed by a locality authorized to impose penalties pursuant to this section, or a facsimile thereof, based upon inspection of photographs, microphotographs, videotape, or other recorded images produced by a traffic light signal violation monitoring system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotape, or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation pursuant to an ordinance adopted pursuant to this section. D. In the prosecution for a violation of any local ordinance adopted as provided in this section, prima facie evidence that the vehicle described in the summons issued pursuant to this section was operated in violation of such ordinance, together with proof that the defendant was at the time of such violation the owner, lessee, or renter of the vehicle, shall constitute in evidence a rebuttable presumption that such owner, lessee, or renter of the vehicle was the person who committed the violation. Such presumption shall be rebutted if the owner, lessee, or renter of the vehicle (i) files an affidavit by regular mail with the clerk of the general district court that he was not the operator of the vehicle at the time of the alleged violation or (ii) testifies in open court under oath that he was not the operator of the vehicle at the time of the alleged violation. Such presumption shall also be rebutted if a certified copy of a police report, showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation of this section, 5 9/18/2023 12:00:00 AM 51 is presented, prior to the return date established on the summons issued pursuant to this section, to the court adjudicating the alleged violation. E. For purposes of this section, "owner" means the registered owner of such vehicle on record with the Department of Motor Vehicles. For purposes of this section, "traffic light signal violation monitoring system" means a vehicle sensor installed to work in conjunction with a traffic light that automatically produces two or more photographs, two or more microphotographs, video, or other recorded images of each vehicle at the time it is used or operated in violation of § 46.2-833 , 46.2-835, or 46.2-836. For each such vehicle, at least one recorded image shall be of the vehicle before it has illegally entered the intersection, and at least one recorded image shall be of the same vehicle after it has illegally entered that intersection. F. Imposition of a penalty pursuant to this section shall not be deemed a conviction as an operator and shall not be made part of the operating record of the person upon whom such liability is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage. No monetary penalty imposed under this section shall exceed $50, nor shall it include court costs. Any finding in a district court that an operator has violated an ordinance adopted as provided in this section shall be appealable to the circuit court in a civil proceeding. 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 a violation of this section may be executed by mailing by first class mail a copy thereof to the owner, lessee, or renter of the vehicle. In the case of a vehicle owner, the copy shall be mailed to the address contained in the records of the Department of Motor Vehicles; in the case of a vehicle lessee or renter, the copy shall be mailed to the address contained in the records of the lessor or renter. Every such mailing shall include, in addition to the summons, a notice of (i) the summoned person's ability to rebut the presumption that he was the operator of the vehicle at the time of the alleged violation through the filing of an affidavit as provided in subsection D and (ii) instructions for filing such affidavit, including the address to which the affidavit is to be sent. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, 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 shall be instituted for failure to appear on the return date of the summons. Any summons executed for a violation of this section shall provide to the person summoned at least 30 business days from the mailing of the summons to inspect information collected by a traffic light signal violation monitoring system in connection with the violation. H. Information collected by a traffic light signal violation monitoring system installed and operated pursuant to subsection A shall be limited exclusively to that information that is necessary for the enforcement of traffic light violations. On behalf of a locality, a private entity that operates a traffic light signal violation monitoring system may enter into an agreement with the Department of Motor Vehicles, in accordance with the provisions of subdivision B 21 of § 46.2-208, to obtain vehicle owner information regarding the registered owners of vehicles that fail to comply with a traffic light signal. Information provided to the operator of a traffic light signal violation monitoring system shall be protected in a database with security comparable to that of the Department of Motor Vehicles' system, and used only for enforcement against individuals who violate the provisions of this section. Notwithstanding any other provision of law, all photographs, microphotographs, electronic images, or other personal information collected by a traffic light signal violation monitoring system shall be used exclusively for 6 9/18/2023 12:00:00 AM 52 enforcing traffic light violations and shall not (i) be open to the public; (ii) be sold or used for sales, solicitation, or marketing purposes; (iii) be disclosed to any other entity except as may be necessary for the enforcement of a traffic light violation or 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 action or proceeding relates to a violation of § 46.2-833, 46.2-835, or 46.2-836 or requested upon order from a court of competent jurisdiction. Information collected under this section pertaining to a specific violation shall be purged and not retained later than 60 days after the collection of any civil penalties. If a locality does not execute a summons for a violation of this section within 10 business days, all information collected pertaining to that suspected violation shall be purged within two business days. Any locality operating a traffic light signal violation monitoring system shall annually certify compliance with this section and make all records pertaining to such system available for inspection and audit by the Commissioner of Highways or the Commissioner of the Department of Motor Vehicles or his designee. Any person who discloses personal information in violation of the provisions of this subsection shall be subject to a civil penalty of $1,000 per disclosure. Any unauthorized use or disclosure of such personal information shall be grounds for termination of the agreement between the Department of Motor Vehicles and the private entity. I. A private entity may enter into an agreement with a locality to be compensated for providing the traffic light signal violation monitoring system or equipment, and all related support services, to include consulting, operations and administration. However, only a law-enforcement officer employed by a locality may swear to or affirm the certificate required by subsection C. No locality shall enter into an agreement for compensation based on the number of violations or monetary penalties imposed. J. When selecting potential intersections for a traffic light signal violation monitoring system, a locality shall consider factors such as (i) the accident rate for the intersection, (ii) the rate of red light violations occurring at the intersection (number of violations per number of vehicles), (iii) the difficulty experienced by law-enforcement officers in patrol cars or on foot in apprehending violators, and (iv) the ability of law-enforcement officers to apprehend violators safely within a reasonable distance from the violation. Localities may consider the risk to pedestrians as a factor, if applicable. K. Before the implementation of a traffic light signal violation monitoring system at an intersection, the locality shall complete an engineering safety analysis that addresses signal timing and other location-specific safety features. The length of the yellow phase shall be established based on the recommended methodology of the Institute of Transportation Engineers. No traffic light signal violation monitoring system shall be implemented or utilized for a traffic signal having a yellow signal phase length of less than three seconds. All traffic light signal violation monitoring systems shall provide a minimum 0.5-second grace period between the time the signal turns red and the time the first violation is recorded. If recommended by the engineering safety analysis, the locality shall make reasonable location-specific safety improvements, including signs and pavement markings. L. Any locality that uses a traffic light signal violation monitoring system shall evaluate the system on a monthly basis to ensure all cameras and traffic signals are functioning properly. Evaluation results shall be made available to the public. M. Any locality that uses a traffic light signal violation monitoring system to enforce traffic light signals shall place conspicuous signs within 500 feet of the intersection approach at which a 7 9/18/2023 12:00:00 AM 53 traffic light signal violation monitoring system is used. There shall be a rebuttable presumption that such signs were in place at the time of the commission of the traffic light signal violation. N. Prior to or coincident with the implementation or expansion of a traffic light signal violation monitoring system, a locality shall conduct a public awareness program, advising the public that the locality is implementing or expanding a traffic light signal violation monitoring system. O. Notwithstanding any other provision of this section, if a vehicle depicted in images recorded by a traffic light signal photo-monitoring system is owned, 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 for employee disciplinary purposes. 2007, cc. 836, 903;2010, c. 175;2012, cc. 805, 836;2014, c. 163;2015, c. 714. This section has more than one version with varying effective dates. Scroll down to see all versions. The chapters of the acts of assembly referenced in the historical citation at the end of this section(s) may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 8 9/18/2023 12:00:00 AM 54 Transportation Committee Agenda Item Detail Meeting Date: September 25, 2023 Agenda Section: County Project Updates Title: County Project Updates Attachments: TC09-25-23CountyProjectUpdates.pdf 55 56 Transportation Committee Agenda Item Detail Meeting Date: September 25, 2023 Agenda Section: Other Title: Other Attachments: TC09-25-23Other.pdf 57 58