House 4538

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

House Bill 4538

By Delegates G. Howell and Sheedy

[Introduced January 19, 2026; referred to the Committee on the Judiciary]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §17C-6-8a, relating to speed restrictions; limiting the use of speed enforcement equipment in DOH work zones; establishing ownership, operation, signage, evidentiary and application requirements; providing for citation issuance procedures; providing definitions; and requiring sworn statements from law enforcement officers.

Be it enacted by the Legislature of West Virginia:

ARTICLE 6. SPEED RESTRICTIONS.

§17C-6-8a. Limited use of photographic, video, or digital speed enforcement equipment in Division of Highways work zones.

(a) General Rule — No governmental entity or agent thereof may use photographic, video, or digital equipment to gather evidence for the issuance of a traffic citation for a violation of this article except as provided in this section.

(b) Authorized Use in Division of Highways Work Zones — Two signs indicating that the construction speed limit is photo enforced with law enforcement present shall be placed in advance of the active work zone, at appropriate distances to provide adequate notice to motorists.

Photographic, video, or digital equipment may be used to enforce speed limits within an active work zone established by the West Virginia Division of Highways: Provided, That the equipment is owned or leased by the State of West Virginia, a political subdivision thereof, or the West Virginia Division of Highways and the equipment is:

(1) Hand-held by a law enforcement officer;

(2) Installed in a state, county, or municipal law enforcement vehicle; or

(3) Installed in a Division of Highways vehicle or piece of equipment positioned within the work zone.

(c) Law Enforcement Officer Presence Required — A photographic, video, or digital recording made under this section may be used to issue a traffic citation only if a law enforcement officer is present within the work zone at the time of the violation and personally observes the violation as an eye witness.

(d) Evidentiary Standards — Any image or recording used to support a citation under this section must clearly and identifiably show:

(1) The vehicle involved in the violation;

(2) The vehicle’s registration plate;

(3) The measured speed of the vehicle; and

(4) The date and time of the infraction.

(e) Citation Issuance and Sworn Statement — The law enforcement officer present is not required to detain or stop the vehicle at the time of the violation.  A citation may be mailed to the registered owner of the vehicle and shall include:

(1) The photographic or video evidence; and

(2) A sworn statement by the law enforcement officer present that:

(A) The information recorded by the speed enforcement equipment is true and accurate; and

(B) The officer personally witnessed the violation.

The sworn statement shall constitute prima facie evidence of the facts contained therein for purposes of prosecution.

(f) Definitions — For purposes of this section:

"Active work zone" means a portion of a highway or street where construction, maintenance, or utility work is being performed, and workers are present.

"Law enforcement officer" means a sworn member of the West Virginia State Police, a sheriff or deputy sheriff, or a municipal police officer.

“Photographic, video, or digital speed enforcement equipment" means equipment that consists of a system that uses sensors and cameras to automatically detect a speeding vehicle and capture evidence of the violation. This equipment can include radar or LiDAR to measure speed, a camera to take a photo or video of the vehicle and its license plate, and other components to record data, with the purpose of automating speed law enforcement.

(g) Construction —

This section does not authorize the general or unattended use of automated traffic enforcement systems outside of Division of Highways work zones as described herein.

NOTE: The purpose of this bill is to clarify the use of photographic, video, or digital equipment to enforce speed limits in Division of Highways work zones

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.