Virginia Intelligent Speed Assistance Program

Virginia Code section 46.2-507 establishes the Intelligent Speed Assistance Program as an alternative to license suspension for certain reckless driving offenses. The program allows qualifying drivers to maintain driving privileges through a restricted license and mandates enrollment in the program and installation of an intelligent speed assistance system on their vehicles, restricting the speed they can drive to the speed limit.

Before the Intelligent Speed Assistance Program was established, there were no alternatives to license suspension for drivers with excessive demerit points. With the enactment of Virginia Code Section 46.2-507, DMV must now give such a driver the option to enroll in the Intelligent Speed Assistance Program for a period of nine (9) months in lieu of license suspension.[i] The driver must be sent written notice of their option to either have their license suspended or participate in the Intelligent Speed Assistance Program, and then the driver must communicate this decision within thirty (30) days of receiving notice.[ii] If the driver fails to respond within thirty (30) days of notice, DMV must suspend their license.[iii] Notice of enrollment requirements is delivered either in person or by mail to the driver’s address of record. Program participants may not be issued any other driver’s license until they complete their required enrollment period.[iv]

Examples of other offenses for which Virginia courts are authorized to order drivers to enroll in the Virginia Intelligent Speed Assistance Program include reckless driving for racing[v] and excessive speeding.[vi]

The Intelligent Speed Assistance Program requires participants to install intelligent speed assistance systems in every vehicle owned by or registered to the enrolled driver.[vii] An intelligent speed assistance system is equipment that limits the maximum speed at which the enrolled driver’s vehicle may operate based on the speed limit where the vehicle is being operated.[viii] The driver is prohibited from operating any vehicle that does not have the system installed during the program.[ix] The enrolled driver is given a restricted license while they complete the program. The enrolled driver is also responsible for all program costs unless the court determines the driver is financially unable to pay.[x] At least in principle, intelligent speed assistance systems must operate safely without interfering with the vehicles normal operation, be resistant to tampering and manipulation, function reliably, including accurate speed measurement and tracking of tampering attempts, and avoid causing inconvenience to other drivers of the vehicle.[xi]

Drivers enrolled in Virginia’s Intelligent Speed Assistance Program must participate for varying lengths of time, depending on their offense. For example, for reckless driving convictions based on excessive speed or failure to maintain control, the court may order enrollment for a minimum of six months and a maximum of two years.[xii] Drivers with excessive demerit points must complete nine months.[xiii] A person convicted four times of racing may be required to enroll in the Intelligent Speed Assistance Program for five years as an alternative to a five-year license revocation.[xiv]

No driver with a restricted license through the Intelligent Speed Assistance Program may operate a commercial motor vehicle during their enrollment period.[xv]

The Intelligent Speed Assistance Program became effective on July 1, 2026.

Results depend upon factors unique to each case. Hendell Law Firm does not guarantee any result. This article does not constitute legal advice. Contact Us for a free consultation.

Research and drafting assistance by Karina Altynbek, a Fourth Year student at the University of Virginia.

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[i] Va. Code § 46.2-506(B).

[ii]Id.

[iii]Id.

[iv] Va. Code § 46.2-507(C).

[v] Va. Code § 46.2-865(F).

[vi] Va. Code §§ 46.2-393, -861, -862.

[vii] Va. Code § 46.2-507(F).

[viii]Id. at sub-§ A.

[ix]Id. at sub-§ F.

[x]Id. at sub-§ G.

[xi]Id. at sub-§ H.

[xii] Va. Code 46.2-393(C).

[xiii] Va. Code § 46.2-507(E).

[xiv] Va. Code § 46.2-394.

[xv] Va. Code § 46.2-393(C).

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