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Subcommittee clarifies non‑emergency law‑enforcement exceptions for speed and parking enforcement

January 28, 2026 | 2026 Legislature VA, Virginia


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Subcommittee clarifies non‑emergency law‑enforcement exceptions for speed and parking enforcement
Delegate McLaughlin presented HB365 to amend code section wording regarding non‑emergency law‑enforcement exceptions. The bill would allow officers, while performing certain law‑enforcement functions, to exceed posted speed limits or disregard parking/stopping provisions in narrowly defined situations — for example, when establishing evidence of another violation or when using lights and sirens would pose a safety risk to victims or officers.

Major Ron Maxey of the Virginia State Police described the measure as an agency request to clarify current practice and address complications introduced by photo‑enforcement systems that issue automated summonses. He said the bill would permit law enforcement to explain post‑event why a vehicle exceeding the speed limit was a marked law‑enforcement vehicle conducting surveillance or establishing evidence, allowing dismissal of improperly issued photo summonses via established court processes.

A member of the public, Kimberly Dye Carsley, testified in opposition and recounted fatal and serious crashes she associated with emergency vehicles not using lights or sirens; she urged the committee to remove the subsection granting broad exceptions. Delegate McLaughlin and Major Maxey responded that the bill does not authorize running red lights and is intended to clarify limited, documented law‑enforcement functions rather than grant unfettered exemptions.

The subcommittee voted to report the bill as amended; the chair announced the roll result on the record (announced in the hearing as "passes 6 0 to 1").

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