[Added 9-14-2016]
A.
Pursuant to the authority and provisions of § 46.2-844 of the Code of Virginia, 1950, as amended, the Frederick County school division is hereby authorized to install and operate a video-monitoring system in or on school buses operated by the school division or may contract with a private vendor to do so on behalf of the school division for the purpose of recording violations of Subsection A of § 46.2-844 of the Code of Virginia, which provision of the Code of Virginia has been duly incorporated by reference in § 158-1 of this Code.
B.
The driver of any motor vehicle who violates Subsection A of § 46.2-844 of the Code of Virginia is subject to a civil penalty of $250, collected by the District Court, which penalty, when collected, shall be paid to the Treasurer of Frederick County.
C.
A summons, to appear in the District Court, for a violation of Subsection A of § 46.2-844 of the Code of Virginia may be executed by the Sheriff as provided in § 19.2-76.2 of the Code of Virginia, based on information provided to the Sheriff regarding the violation, and notwithstanding the provisions of § 19.2-76 of the Code of Virginia, the summons may be executed by mailing by first-class mail a copy thereof to the address of the owner of the vehicle contained in the records of the Department of Motor Vehicles, as determined by the Sheriff. 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 A of § 46.2-844 of the Code of Virginia and ii) instructions for filing such an affidavit, including the address to which the affidavit is to be sent. If the summoned person fails to appear in the District Court on the date of return set out in the summons mailed pursuant to this section, the summons shall be executed by the Sheriff in the manner set out in § 19.2-76.3 of the Code of Virginia. 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 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 video-monitoring system in connection with the violation.
