Can a Virginia city keep the money collected from red-light camera tickets, or does it have to go to the state Literary Fund?

Plain-English summary

Delegate Morrissey asked the AG whether localities could keep the money from red-light camera tickets, or whether the Virginia Constitution's Literary Fund clause required it to go to the state.

Art. VIII, § 8 of the Virginia Constitution directs that "fines for offenses against the Commonwealth" be paid to the Literary Fund (a state education fund). If red-light camera revenue was a fine for an offense against the Commonwealth, the constitutional clause would route it to the state. If it was something else, the General Assembly could send it wherever it chose.

The AG concluded the money is "something else." Specifically, § 15.2-968.1 (the red-light camera statute) imposes a "monetary penalty," not a fine. And under Southern Express Co. v. Commonwealth (Va. 1895), the Virginia Supreme Court drew a sharp line between criminal fines (which go to the Literary Fund) and civil penalties (which the General Assembly can direct elsewhere).

The Southern Express test asks whether the assessment is:

• "Affixed as penalties for crime and ... recoverable upon conviction of the offender" (criminal fine, Literary Fund), or
• A "pecuniary penalty or forfeiture provided by statute, that a popular or qui tam action (which is a civil action) may be brought to recover" (civil penalty, legislative discretion).

Section 15.2-968.1 fits the second category for several reasons:

• The statute calls the assessment a "monetary penalty," not a fine.
• Section 15.2-968.1 expressly provides that imposition of the penalty "shall not be deemed a conviction as an operator and shall not be made part of the operating record of the person upon whom such liability is imposed, nor shall it be used for insurance purposes."
• A red-light camera assessment is a traffic infraction, "which is neither a felony nor a misdemeanor" (§ 46.2-113).

Because no criminal offense against the Commonwealth is involved, Art. VIII, § 8 does not apply. Section 46.2-1308's direction that fines for local traffic ordinance violations go to the local treasury is constitutionally valid.

The AG also closed a sub-question: even when a violation tracks a state statute (§§ 46.2-833, 46.2-835, 46.2-836 on traffic signals and turns), the General Assembly has the authority to appropriate the civil-penalty proceeds elsewhere than the Literary Fund, including to the locality.

Currency note

This opinion was issued in 2011. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Red-light camera programs have grown in Virginia since 2011, with various amendments to § 15.2-968.1 governing where cameras may be placed, who may operate them, and how revenue is handled. Anyone analyzing a current dispute over red-light camera revenue allocation should consult the current text of the statute and any newer case law.

Common questions

Doesn't the driver still have to pay?

Yes. The penalty is enforceable like any other civil debt. The point of the criminal/civil distinction is not about the driver's obligation to pay; it is about where the money goes once paid.

Why doesn't a red-light ticket show up on your driving record?

Because § 15.2-968.1 expressly says it shall not. That non-conviction treatment is one of the things that pushes red-light camera enforcement into the civil-penalty bucket rather than the criminal-fine bucket.

Could a locality designate camera revenue specifically for traffic safety?

Yes. Once the money is in the local treasury, the local governing body (city council or board of supervisors) decides how to budget it. Many camera programs earmark revenue for traffic safety, signal upgrades, or pedestrian infrastructure, but that is a local choice, not a state requirement.

What about regular speeding tickets?

Regular speeding tickets issued by a police officer (not a camera) are criminal traffic infractions. They can produce fines that, if for a violation of state law brought by a state officer, route to the Literary Fund under § 46.2-1308. The local-treasury rule applies when the locality has adopted a local ordinance under § 46.2-1300 and the enforcement is for the local violation.

What if the General Assembly tried to send criminal fines to localities?

That would run into Art. VIII, § 8. The constitutional text is clear that fines for offenses against the Commonwealth go to the Literary Fund. The legislature does not have discretion to redirect criminal fine revenue.

Background and statutory framework

The constitutional anchor:

• Va. Const. art. VIII, § 8. All "fines for offenses against the Commonwealth" must be paid to the Literary Fund.

The red-light camera statute:

• Va. Code Ann. § 15.2-968.1. Imposes a monetary penalty for failure to comply with traffic light signals and allows photo-monitoring systems to record violations of §§ 46.2-833 (stops), 46.2-835 (right turn on red), and 46.2-836 (left turn on red on a one-way highway). The penalty is not a conviction, not on the operating record, and not used for insurance.

The traffic infraction framework:

• Va. Code Ann. § 46.2-113. Violations of Title 46.2 or local ordinances under § 46.2-1300 are traffic infractions, neither felony nor misdemeanor, punishable by a fine not more than a Class 4 misdemeanor under § 18.2-11.
• Va. Code Ann. § 46.2-1300. Local jurisdictions can adopt non-conflicting traffic ordinances.
• Va. Code Ann. § 46.2-1308. Fines from local-ordinance enforcement go to the local treasury.

The case law:

• Southern Express Co. v. Commonwealth ex rel. Walker: the Literary Fund clause covers only fines "affixed as penalties for crime and ... recoverable upon conviction of the offender." Civil penalties and qui tam-style recoveries are outside its scope.

The structural rule the AG synthesized:

• Criminal fine + conviction + state law offense → Literary Fund.
• Civil monetary penalty + non-conviction + local ordinance enforcement → local treasury, at the General Assembly's direction.

Citations

• Va. Code § 2.2-505
• Va. Const. art. VIII, § 8
• Va. Code Ann. § 15.2-968.1
• Va. Code Ann. § 46.2-113
• Va. Code Ann. § 46.2-833
• Va. Code Ann. § 46.2-835
• Va. Code Ann. § 46.2-836
• Va. Code Ann. § 46.2-1300
• Va. Code Ann. § 46.2-1308
• Va. Code Ann. § 18.2-11
• Southern Express Co. v. Commonwealth ex rel. Walker, 92 Va. 59, 22 S.E. 809 (1895), aff'd 168 U.S. 705 (1897)

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/Opinions/2011/11-034-Morrissey.pdf

Original opinion text

COMMONWEALTH of VIRGINIA
Office of the Attorney General
Kenneth T. Cuccinelli, II
Attorney General

April 15, 2011

The Honorable Joseph D. Morrissey
Member, House of Delegates
Post Office Box 406
Richmond, Virginia 23218

900 East Main Street
Richmond, Virginia 23219
804-786-2071
FAX 804-786-1991
Virginia Relay Services
800-828-1120
7-1-1

Dear Delegate Morrissey:

I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of the Code of Virginia.

Issue Presented

You inquire whether localities can collect and keep monetary penalties for violations of traffic light ordinances pursuant to § 46.2-1308 in light of the provision of the Virginia Constitution that requires fines to be paid to the Literary Fund.

Response

It is my opinion that, because the funds collected by localities in enforcing their traffic light laws do not constitute "fines for offenses against the Commonwealth," the General Assembly constitutionally may permit localities to retain such funds.

Applicable Law and Discussion

Article VIII, Section 8 of the Virginia Constitution provides that all "fines for offenses against the Commonwealth" are to be paid to the Literary Fund. Under the Code, a "traffic infraction" is "a violation of the law punishable as provided in § 46.2-113, which is neither a felony nor a misdemeanor." In turn, § 46.2-113 provides that

It shall be unlawful for any person to violate any of the provisions of this title, or any regulation adopted pursuant to this title, or local ordinances adopted pursuant to the authority granted in § 46.2-1300. Unless otherwise stated, these violations shall constitute traffic infractions punishable by a fine of not more than that provided for a Class 4 misdemeanor under § 18.2-11.

Section 46.2-1300 authorizes local jurisdictions to adopt traffic ordinances not conflicting with state statutes, and § 46.2-1308 directs that any fines generated through enforcement of those ordinances are to be paid into the local treasury.

Section 15.2-968.1 imposes a "monetary penalty" on drivers who fail to comply with traffic light signals and further allows local communities to set up photo-monitoring systems to enforce this provision. The system is able to record violations of the traffic light provisions of §§ 46.2-833 (governing stops at traffic lights), 46.2-835 (right turn on red) and 46.2-836 (left turn on red on a one-way highway). Unless prevented by the Constitution, a locality expressly is authorized to use photo-monitoring to enforce ordinances adopted based on these Code provisions and retain funds paid for violations.

Article VIII, § 8 imposes no bar to this arrangement because of the distinction the Supreme Court of Virginia has drawn between criminal fines and civil penalties. The Court addressed this issue in Southern Express Co. v. Commonwealth, ex rel. Walker.

What "fines" are here intended or comprehended? The answer is found in the language of the Constitution itself. They are "fines collected for offences against the State," that is fines imposed by law as punishment for a crime. Fines constitute in whole or in part the punishment for many of the smaller offences at common law, and also for many offences created by statute, and those are the "fines" which the constitutional provision was designed to cover. It comprehends only those fines which are affixed as penalties for crime and are recoverable upon conviction of the offender, and does not embrace those pecuniary penalties or forfeitures provided by statute, that a popular or qui tam action (which is a civil action) may be brought to recover.

Section 15.2-968.1 does not mention fines but imposes only a monetary penalty for a traffic infraction. "Imposition of a penalty pursuant to this section shall not be deemed a conviction as an operator and shall not be made part of the operating record of the person upon whom such liability is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage." Therefore, it does not impose a punishment for a crime.

In light of this distinction, § 46.2-1308 raises no constitutional concerns. It merely permits the localities to enact a certain kind of traffic control ordinance and to receive the fines "imposed for violations of such ordinances." Because no offenses against the Commonwealth or violations of state laws are involved, Article VIII, § 8 simply does not apply.

Moreover, given that under Southern Express the monetary penalties authorized by § 15.2-968.1 are not criminal fines, "the General Assembly has the authority to appropriate [such] penalties elsewhere than to the Literary Fund." Thus, authorizing payment of the civil penalties to the local communities would not violate the Constitution of Virginia even where the infraction is based on the failure to comply with a state statute.

Conclusion

Accordingly, it is my opinion that, because the funds collected by localities in enforcing their traffic light laws do not constitute "fines for offenses against the Commonwealth," the General Assembly constitutionally may permit localities to retain such funds.

With kindest regards, I am

Very truly yours,

Kenneth T. Cuccinelli, II
Attorney General