CHAPTER 585

An Act to amend and reenact § 46.1-198 of the Code of Virginia, relating
to checking on speed with electrical devices; prima facie evidence in

reference to convictions hereunder; and restrictions on arrests for
violations.
[H 269]

Approved April 5, 1966

Be it enacted by the General Assembly of Virginia:

1. That § 46.1-198 of the Code of Virginia be amended and reenacted
as follows:

§ 46.1-198. (a) The speed of any motor vehicle may be checked by
the use of radio microwaves or other electrical device. The results of such
checks shall be accepted as prima facie evidence of the speed of such motor
vehicle in any court or legal proceedings where the speed of the motor
vehicle ig at issue. ;

(b) The driver of any such motor vehicle may be arrested without a
warrant under this section provided the arresting officer is in uniform
and displays his badge of authority; provided that such officer has observed
the registration of the speed of such motor vehicle by the radio microwaves
or other electrical device, or has received a radio message from the officer
who observed the speed of the motor vehicle registered by the radio micro-
waves or other electrical device; provided in case of an arrest based on
such a message that such radio message has been dispatched immediately
after the speed of the motor vehicle was registered and furnished the
license number or other positive identification of the vehicle and the
registered speed to the arresting officer.

(c) No operator of a motor vehicle may be arrested under this section
unless signs have been placed between the State line and the point of the
alleged violation on the interstate and primary highway systems, and out-
side cities and towns having over 3500 population, through which the
highway passes on the interstate and primary highways to indicate the
legal rate of speed and that the speed of motor vehicles may be measured
by radio microwaves or other electrical devices. There shall be prima facie
presumption that such signs were in place at the time of the commission
of the offense of exceeding the legal rate of speed, and a certificate by the
State Highway Commissioner as to the placing of such signs shall be
admissible in evidence to support or rebut the presumption. Such legal rate
of speed and notice of measurement of speed by radio microwaves or other
electrical devices may be posted on different signs and need not be posted
on the same sign. a

(d) Nothing herein shall affect the powers of cities or towns to adopt
and use such radio microwaves or other electrical devices to measure speed.
No operator of a motor vehicle may be arrested under an ordinance adopted
by any city or town, authorizing the use of such devices to measure speed
unless signs have been placed at or within three hundred feet beyond the
limits of the city or town line on the primary highway system leading into
such city or town to indicate the legal rate of speed, and that the speed of
motor vehicles may be measured by radio microwaves or other electrical
devices; there shall be a prima facie presumption that such signs were in
place at the time of the commission of the offense of exceeding the legal
rate of speed, and a certificate of the Director of Public Works or the
Director of Public Safety of such city or town as to the placing of such
signs shall be admissible in evidence to support such presumption.