Code of Virginia - Title 33.1 Highways, Bridges And Ferries - Section 33.1-292 Incidental powers of the Board

§ 33.1-292. Incidental powers of the Board

The Board may make and enter into all contracts or agreements necessary or incidental to the execution of its powers under this article and may employ engineering, architectural and construction experts and inspectors, brokers and such other employees as may be deemed necessary, who shall be paid such compensation as may be provided in accordance with law. All such compensation and all expenses incurred in carrying out the provisions of this article shall be paid solely from funds provided under the authority of this article and no liability or obligation shall be incurred hereunder beyond the extent to which money shall have been provided under the authority of this article. The Board may exercise any powers which are necessary or convenient for the execution of its powers under this article.

The Board shall maintain and keep in good condition and repair, or cause to be maintained and kept in good condition and repair, the projects authorized under this article, when acquired or constructed and opened to traffic, including any project or part thereof that may include portions of existing streets or roads within a county, municipality or other political subdivision.

The Board is authorized and empowered to establish rules and regulations for the use of any one or more of the projects defined in § 33.1-268, as amended, including reasonable rules and regulations relating to (a) maximum and minimum speed limits applicable to motor vehicles using such project, any other provision of law to the contrary notwithstanding; (b) the types, kinds and sizes of vehicles which may use such projects; (c) the nature, size, type of materials or substances which shall not be transported over such project and (d) such other matters as may be necessary or expedient in the interest of public safety with respect to the use of such project; provided, however, that as to project (j) authorized under the terms of § 33.1-268, the provisions of (a), (b), (c) and (d) of this paragraph shall not apply to existing streets within a municipality and embraced within said project, except as may be otherwise agreed upon by the Board and the municipality.

The projects acquired or constructed under this article may be policed in whole or in part by officers of the Department of State Police even though all or some portions of any such projects lie within the corporate limits of a municipality or other political subdivision. Such officers shall be under the exclusive control and direction of the Superintendent of State Police and shall be responsible for the preservation of public peace, prevention of crime, apprehension of criminals, protection of the rights of persons and property, and enforcement of the laws of the Commonwealth, and rules and regulations enacted pursuant thereto, within the limits of any such projects. All other police officers of the Commonwealth and of each county, city, town or other political subdivision of the Commonwealth through which any project, or portion thereof, extends shall have the same powers and jurisdiction within the limits of such projects as they have beyond such limits and shall have access to the projects at any time for the purpose of exercising such powers and jurisdiction.

The Board is authorized and empowered to employ and appoint "project guards" for the purpose of protecting the projects and to enforce the rules and regulations of the Board, except those paralleling state law, established for the use of such projects. Such guards may issue summons to appear or arrest on view without warrant and conduct before the nearest officer authorized by law to admit to bail, any persons violating, within or upon the projects, any such rule or regulation. The provisions of §§ 46.2-936 and 46.2-940 shall apply mutatis mutandis to the issuance of summons or arrests without warrants pursuant to this section.

The violation of any rule or regulation adopted by the Board pursuant to the authority hereby granted shall be punishable as follows: If such violation would have been a violation of law if committed on any public road, street or highway in the county, city or town in which such violation occurred, it shall be punishable in the same manner as if it had been committed on such public road, street or highway; otherwise it shall be punishable as a misdemeanor.

The powers and duties of the Board hereinabove enumerated in this article shall not be construed as a limitation of the general powers or duties of the Board. The Board, in addition to the powers and duties enumerated in this article, shall do and perform any and all things and acts necessary in the construction or acquisition, maintenance and operation of any project to be constructed or acquired under the provisions of this article, to the end that such project or projects may become and be operated free of tolls as early as possible and practicable, subject only to the express limitations of this article and the limitations of other laws and constitutional provisions applicable thereto.

(Code 1950, § 33-252; 1956, c. 158; 1958, c. 583; 1970, c. 322.)

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Last modified: April 16, 2009