Introduction

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Traffic Acts

Robert S. Hill, Chief Magistrate Biography

Traffic Acts

Link to the Code of Virginia

§ 46.2-829. Approach of law-enforcement or fire-fighting vehicles, rescue vehicles, or ambulances; violation as failure to yield right-of-way.

Upon the approach of any emergency vehicle as defined in § 46.2-920 giving audible signal by siren, exhaust whistle, or air horn designed to give automatically intermittent signals, and displaying a flashing, blinking, or alternating emergency light or lights as provided in §§ 46.2-1022 through 46.2-1024, the driver of every other vehicle shall, as quickly as traffic and other highway conditions permit, drive to the nearest edge of the roadway, clear of any intersection of highways, and stop and remain there, unless otherwise directed by a law-enforcement officer, until the emergency vehicle has passed.  This provision shall not relieve the driver of any such vehicle to which the right-of-way is to be yielded of the duty to drive with due regard for the safety of all persons using the highway, nor shall it protect the driver of any such vehicle from the consequences of an arbitrary exercise of such right-of-way. 

Violation of this section shall constitute failure to yield the right-of-way; however, any violation of this section that involves overtaking or passing a moving emergency vehicle giving an audible signal and displaying activated warning lights as provided for in this section shall constitute reckless driving, punishable as provided in § 46.2-868.

§ 46.2-868.1. Aggressive driving; penalties.

A.     A person is guilty of aggressive driving if (i) the person violates one or more of the following: § 46.2-802 (Drive on right side of highways), § 46.2-804 (Failure to observe lanes marked for traffic), § 46.2-816 (Following too closely), § 46.2-821 (Vehicles before entering certain highways shall stop or yield right-of-way), § 46.2-833.1 (Evasion of traffic control devices), § 46.2-838 (Passing when overtaking a vehicle), § 46.2-841 (When overtaking vehicle may pass on right), § 46.2-842 (Driver to give way to overtaking vehicle), § 46.2-842.1 (Driver to give way to certain overtaking vehicles on divided highway), § 46.2-843 (Limitations on overtaking and passing), any provision of Article 8 (§ 46.2-870 et seq.) of Chapter 8 of Title 46.2 (Speed), or § 46.2-888 (Stopping on highways); and (ii) that person is a hazard to another person or commits an offense in clause (i) with the intent to harass, intimidate, injure or obstruct another person. 

B.  Aggressive driving shall be punished as a Class 2 misdemeanor. However, aggressive driving with the intent to injure another person shall be punished as a Class 1 misdemeanor. In addition to the penalties described in this subsection, the court may require successful completion of an aggressive driving program. 

History

(2002, cc. 752, 782.)

§ 46.2-888. Stopping on highways; general rule.

No person shall stop a vehicle in such manner as to impede or render dangerous the use of the highway by others, except in the case of an emergency, an accident, or a mechanical breakdown. In the event of such an emergency, accident, or breakdown, the emergency flashing lights of such vehicle shall be turned on if the vehicle is equipped with such lights and such lights are in working order. If the driver is capable of doing so and the vehicle is movable, the driver may move the vehicle only so far as is necessary to prevent obstructing the regular flow of traffic; provided, however, that the movement of the vehicle to prevent the obstruction of traffic shall not relieve the law-enforcement officer of his duty pursuant to § 46.2-373. A report of the vehicle's location shall be made to the nearest law-enforcement officer as soon as practicable, and the vehicle shall be moved from the roadway to the shoulder as soon as possible and removed from the shoulder without unnecessary delay. If the vehicle is not promptly removed, such removal may be ordered by a law-enforcement officer at the expense of the owner if the disabled vehicle creates a traffic hazard. 

 § 46.2-890. Stopping in vicinity of fire or emergency.

No vehicle shall be stopped at or in the vicinity of a fire, vehicle or airplane accident, or other area of emergency, in such a manner as to create a traffic hazard or interfere with law-enforcement officers, fire fighters, rescue workers, or others whose duty it is to deal with such emergencies.  Any vehicle found unlawfully parked in the vicinity of a fire, accident, or area of emergency may be removed by order of a law-enforcement officer or, in the absence of a law-enforcement officer, by order of the uniformed fire or rescue officer in charge, at the risk and expense of the owner if such vehicle creates a traffic hazard or interferes with the necessary procedures of law-enforcement officers, fire fighters, rescue workers, or others whose assigned duty it is to deal with such emergencies.  The charge for such removal shall not exceed the actual and necessary cost.  Vehicles being used by accredited information services, such as press, radio, and television, when being used for the gathering of news, shall be exempt from the provisions of this section, except when actually obstructing the law-enforcement officers, fire fighters, and rescue workers dealing with such emergencies.

§ 46.2-902. Leaving scene of accident when directed to do so by officer.

A person shall leave the scene of a traffic accident when directed to do so by a law-enforcement officer. 

Article 15.

Emergency Vehicles.

  § 46.2-920. Emergency vehicles exempt from regulations in certain situations; exceptions and additional requirements.

A.     The driver of any emergency vehicle, when such vehicle is being used in the performance of public services, and when such vehicle is operated under emergency conditions, may, without subjecting himself to criminal prosecution:

1.      Disregard speed limits, while having due regard for safety of persons and property; 

2.  Proceed past any steady or flashing red signal, traffic light, stop sign, or device indicating moving traffic shall stop if the speed of the vehicle is sufficiently reduced to enable it to pass a signal, traffic light, or device with due regard to the safety of persons and property; 

3        Park or stop notwithstanding the other provisions of this chapter; 

4        Disregard regulations governing a direction of movement of vehicles turning in specified directions so long as the operator does not endanger life or property;

5        Pass or overtake, with due regard to the safety of persons and property, another vehicle at any intersection;   

6        Pass or overtake with due regard to the safety of persons and property, while en route to an emergency, stopped or slow-moving vehicles, by going to the left of the stopped or slow-moving vehicle either in a no-passing zone or by crossing the highway centerline;   

7        Pass or overtake with due regard to the safety of persons and property, while en route to an emergency, stopped or slow-moving vehicles, by going off the paved or main traveled portion of the roadway on the right. Notwithstanding other provisions of this section, vehicles exempted in this instance will not be required to sound a siren or any device to give automatically intermittent signals. 

B. The exemptions granted to emergency vehicles by subsection A of this section shall apply only when the operator of such vehicle displays a flashing, blinking, or alternating emergency light or lights as provided in §§ 46.2-1022 and 46.2-1023 and sounds a siren, exhaust whistle, or air horn designed to give automatically intermittent signals, as may be reasonably necessary, and, only when there is in force and effect for such vehicle either (i) standard motor vehicle liability insurance covering injury or death to any person in the sum of at least $100,000 because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, to a limit of $300,000 because of bodily injury to or death of two or more persons in any one accident, and to a limit of $20,000 because of injury to or destruction of property of others in any one accident or (ii) a certificate of self-insurance issued pursuant to § 46.2-368. Such exemptions shall not, however, protect the operator of any such vehicle from criminal prosecution for conduct constituting reckless disregard of the safety of persons and property. Nothing in this section shall release the operator of any such vehicle from civil liability for failure to use reasonable care in such operation. 

C.  For the purposes of this section, the term "emergency vehicle" shall mean:   

1.  Any law-enforcement vehicle operated by or under the direction of a federal, state, or local law-enforcement officer (i) in the chase or apprehension of violators of the law or persons charged with or suspected of any such violation or (ii) in response to an emergency call; 

 2.      Any regional detention center vehicle operated by or under the direction of a correctional officer responding to an emergency call or operating in an emergency situation; 

 3.      Any vehicle used to fight fire, including publicly owned state forest warden vehicles, when traveling in response to a fire alarm or emergency call;   

4.      Any ambulance, rescue, or life-saving vehicle designed or used for the principal purpose of supplying resuscitation or emergency relief where human life is endangered;   

5.      Any Department of Emergency Management vehicle or Office of Emergency Medical Services vehicle, when responding to an emergency call or operating in an emergency situation; and 

6.      Any Department of Corrections vehicle designated by the Director of the Department of Corrections, when (i) responding to an emergency call at a correctional facility, (ii) participating in a drug-related investigation, (iii) pursuing escapees from a correctional facility, or (iv) responding to a request for assistance from a law-enforcement officer. 

 D.  Any law-enforcement vehicle operated by or under the direction of a federal, state, or local law-enforcement officer may disregard speed limits, while having due regard for safety of persons and property, (i) in testing the accuracy of speedometers of such vehicles, (ii) in testing the accuracy of speed measuring devices specified in § 46.2-882, or (iii) in following another vehicle for the purpose of determining its speed. 

  § 46.2-921. Following or parking near fire apparatus or rescue squad vehicle.

It shall be unlawful, in any county, city, or town for the driver of any vehicle, other than one on official business, to follow any fire apparatus or rescue squad vehicle traveling in response to a fire alarm or emergency call at any distance closer than 500 feet to such apparatus or rescue squad vehicle or to park such vehicle within 500 feet of where fire apparatus has stopped in answer to a fire alarm. 

§ 46.2-921.1. Drivers to yield right-of-way or reduce speed when approaching stationary emergency vehicles on highways; penalties.

The driver of any motor vehicle, upon approaching a stationary emergency vehicle, as defined in § 46.2-920, that is displaying a flashing, blinking, or alternating emergency light or lights as provided in §§ 46.2-1022, 46.2-1023, and 46.2-1024, shall (i) on a highway having at least four lanes, at least two of which are intended for traffic proceeding as the approaching vehicle, proceed with caution and, if reasonable, with due regard for safety and traffic conditions, yield the right-of-way by making a lane change into a lane not adjacent to that occupied by the stationary emergency vehicle or (ii) if changing lanes would be unreasonable or unsafe, proceed with due caution and maintain a safe speed for highway conditions. 

Violation of any provision of this section shall constitute a Class 1 misdemeanor. If the violation resulted in damage to property of another person, the court may, in addition, order the suspension of the driver's privilege to operate a motor vehicle for not more than one year. If the violation resulted in injury to another person, the court may, in addition to any other penalty imposed, order the suspension of the driver's privilege to operate a motor vehicle for not more than two years. If the violation resulted in the death of another person, the court may, in addition to any other penalty imposed, order the suspension of the driver's privilege to operate a motor vehicle for two years. 

History

(2002, cc. 163, 341.)

§ 46.2-922. Driving over fire hose.

It shall be unlawful, without the consent of the fire department official in command, for the driver of any vehicle to drive over any unprotected hose of a fire department laid down for use at any fire or alarm of fire. 

46.2-1021. Additional lights permitted on certain commercial vehicles.

In addition to other lights permitted in this article, buses operated as public carriers, taxicabs as defined in § 46.2-2000, and commercial motor vehicles as defined in § 52-8.4 may be equipped with (i) illuminated vacant or destination signs and (ii) single steady-burning white lights, emitting a diffused light of such intensity as not to project a glaring or dazzling light, for the nighttime illumination of exterior advertising. 

In addition to other lights authorized by this article, buses operated as public carriers may be equipped with flashing white warning lights of types authorized by the Superintendent of State Police. These warning lights shall be installed in a manner authorized by the Superintendent and shall be lighted while the bus is transporting passengers during periods of reduced visibility caused by atmospheric conditions other than darkness. These warning lights may also be lighted at other times while the bus is transporting passengers. 

 § 46.2-1022. Flashing blue, red and blue, blue and white, or red, white and blue warning lights.

Department of Corrections vehicles designated by the Director of the Department of Corrections and law-enforcement vehicles may be equipped with flashing, blinking, or alternating blue, blue and red, blue and white, or red, white, and blue combination warning lights of types approved by the Superintendent.

OPINIONS OF THE ATTORNEY GENERAL

Fire marshal may use blue lights on his vehicle. - A fire marshal who has been granted law enforcement powers by the local governing body may use blue lights on his vehicle. See opinion of Attorney General to The Honorable Marsha L. Garst, Commonwealth's Attorney for the City of Harrisonburg, 00-009 (5/18/00).

§ 46.2-1023. Flashing red or red and white warning lights.

Fire apparatus, forest warden vehicles, ambulances, rescue and life-saving vehicles, vehicles of the Department of Emergency Management, vehicles of the Office of Emergency Medical Services, animal warden vehicles, and vehicles used by security personnel of the Newport News Shipbuilding and Drydock Company, Bassett-Walker, Inc., Tultex Corporation, and, within those areas specified in their orders of appointment, by special conservators of the peace and policemen for certain places appointed pursuant to §§ 19.2-13 and 19.2-17 may be equipped with flashing, blinking, or alternating red or red and white combination warning lights of types approved by the Superintendent. 

§ 46.2-1024. Flashing or steady-burning red or red and white warning lights.

Any member of a fire department, volunteer fire company, or volunteer rescue squad and any ambulance driver employed by a privately owned ambulance service may equip one vehicle owned by him with no more than two flashing or steady-burning red or red and white combination warning lights of types approved by the Superintendent.  Warning lights permitted by this section shall be lit only when answering emergency calls. 

§ 46.2-1025. Flashing amber or purple warning lights.

A. The following vehicles may be equipped with flashing, blinking, or alternating amber warning lights of types approved by the Superintendent:

1.Vehicles used for the principal purpose of towing or servicing disabled vehicles;

2.Vehicles used in constructing, maintaining, and repairing highways or utilities on or along public highways; 

3.Vehicles used for the principal purpose of removing hazardous or polluting substances from state waters and drainage areas on or along public highways;

4. Vehicles used for servicing automatic teller machines, provided the amber lights are not lit while the vehicle is in motion; 

5. Vehicles used in refuse collection, provided the amber lights are lit only when the vehicles are engaged in refuse collection operations; 

6. Vehicles used by individuals for emergency snow-removal purposes; 

7. Hi-rail vehicles, provided the amber lights are lit only when the vehicles are operated on railroad rails; 

8. Fire apparatus, ambulances, and rescue and life-saving vehicles, provided the amber lights are used in addition to lights permitted under § 46.2-1023 and are so mounted or installed as to be visible from behind the vehicle; 

9. Vehicles owned and used by businesses providing security services, provided the amber lights are not lit while the vehicle is being operated on a public highway; 

10. Vehicles used to collect and deliver the United States mail, provided the amber lights are lit only when the vehicle is actually engaged in such collection or delivery; 

11. Vehicles used to transport petroleum products, provided the amber light is mounted on the rear of the vehicle and is lit only when the vehicle's back-up lights are lit and its device producing an audible signal when the vehicle is operated in reverse gear, as provided for in § 46.2-1175.1, is in operation; 

12. Vehicles used by law-enforcement agency personnel in the enforcement of laws governing motor vehicle parking; 

13. Government-owned law-enforcement vehicles, provided the lights are used for the purpose of giving directional warning to vehicular traffic to move one direction or another and are not lit while the vehicle is being operated on a public highway; 

14. Chase vehicles when used to unload a hot air balloon or used to load a hot air balloon after landing, provided the amber lights are not lit while the vehicle is in motion; 

15. Vehicles used for farm, agricultural, or horticultural purposes, or any farm tractor; 

16. Vehicles owned and used by construction companies operating under Virginia contractors licenses; 

17. Vehicles used to lead or provide escorts for bicycle races authorized by the Department of Transportation or the locality in which the race is being conducted; 

18. Vehicles used by radio or television stations for remote broadcasts, provided that the amber lights are not lit while the vehicle is in motion; 

19. Vehicles used by municipal safety officers in the performance of their official duties. For the purpose of this subdivision, "municipal safety officers" means municipal employees responsible for managing municipal safety programs and ensuring municipal compliance with safety and environmental regulatory mandates; and 

20. Vehicles used as pace cars, security vehicles, or fire-fighting vehicles by any speedway or motor vehicle race track, provided that the amber lights are not lit while the vehicle is being operated on a public highway. 

B.  Except as otherwise provided in this section, such amber lights shall be lit only when performing the functions, which qualify them to be equipped with such lights.  

C.  Vehicles used to lead or provide escorts for funeral processions may use either amber warning lights or purple warning lights, but amber warning lights and purple warning lights shall not simultaneously be used on the same vehicle. The Superintendent of State Police shall develop standards and specifications for purple lights authorized in this subsection. 

§ 46.2-1026. Flashing high-intensity amber warning lights.

High-intensity flashing, blinking, or alternating amber warning lights visible for at least 500 feet, of types approved by the Superintendent, shall be used on any vehicle engaged in either escorting or towing over-dimensional materials, equipment, boats, or manufactured housing units by authority of a highway hauling permit issued pursuant to § 46.2-1139.  Such lights shall be mounted on the top of the escort and tow vehicles and on the upper rear end of the over-dimensional vehicles or loads for maximum visibility, front and rear. However, any vehicles operating under a permit issued pursuant to § 46.2-1139 shall be deemed to be in compliance with the requirements of this section if accompanied by escort vehicles. 

The provisions of this section shall apply only to vehicles or loads which are either (i) more than twelve feet wide or (ii) more than seventy-five feet long. 

46.2-1027. Warning lights on certain demonstrator vehicles.

Dealers or businesses engaged in the sale of fire, rescue, or law-enforcement vehicles or ambulances may, for demonstration purposes, equip such vehicles with colored warning lights. 

§ 46.2-1028. Auxiliary lights on fire-fighting, Virginia Department of Transportation and other emergency vehicles.

Any fire-fighting vehicle, ambulance, rescue or life-saving vehicle, Virginia Department of Transportation vehicle or wrecker may be equipped with clear auxiliary lights which shall be used exclusively for lighting emergency scenes. Such lights shall be of a type approved by the Superintendent, and shall not be used in a manner which may blind or interfere with the vision of the drivers of approaching vehicles. In no event shall such lights be lighted while the vehicle is in motion. 

§ 46.2-1029. Auxiliary lights on law-enforcement vehicles.

Notwithstanding any other provision of this article, any government-owned law-enforcement vehicle may be equipped with clear auxiliary lights of a type approved by the Superintendent.  Such lights may be used to light emergency scenes and other areas for the purpose of detecting offenders, apprehending violators of law, and in performing other reasonably necessary law-enforcement functions.  Such lights may be used when the vehicle on which they are mounted is standing or proceeding at a speed of no more than fifteen miles per hour. Such lights shall not be used in a manner which may blind or interfere with the vision of the operators of approaching vehicles. 

Any law-enforcement officer may also use spotlights, as authorized in § 46.2-1019, for the purpose and in the manner described herein.

 § 46.2-1029.1. Flashing of headlights on certain vehicles.

Emergency vehicles as defined in subsection C of § 46.2-920 may be equipped with the means to flash their headlights when their warning lights are activated if (i) the headlights are wired to allow either the high beam or low beam to flash, but not both, and (ii) the headlight system includes a switch or device which prevents flashing of headlights when head lights are required to be lighted under § 46.2-1030. 

§ 46.2-1030. When lights to be lighted; number of lights to be lighted at any time; use of warning lights.

A.  Every vehicle in operation on a highway in the Commonwealth shall display lighted headlights and illuminating devices as required by this article (i) from sunset to sunrise, (ii) during any other time when, because of rain, smoke, fog, snow, sleet, insufficient light, or other unfavorable atmospheric conditions, visibility is reduced to a degree whereby persons or vehicles on the highway are not clearly discernible at a distance of 500 feet, and (iii) whenever windshield wipers are in use as a result of fog, rain, sleet, or snow. The provisions of this subsection, however, shall not apply to instances when windshield wipers are used intermittently in misting rain, sleet, or snow. 

B.  Not more than four lights used to provide general illumination ahead of the vehicle, including at least two headlights and any other combination of fog lights or other auxiliary lights approved by the Superintendent, shall be lighted at any time. However, this limitation shall not preclude the display of warning lights authorized in §§ 46.2-1020 through 46.2-1027, or other lights as may be authorized by the Superintendent. 

C.  Vehicles equipped with warning lights authorized in §§ 46.2-1020 through 46.2-1027 shall display lighted warning lights as authorized in such sections at all times when responding to emergency calls, towing disabled vehicles, or constructing, repairing, and maintaining public highways or utilities on or along public highways, except that amber lights on vehicles designed with a ramp on wheels and a hydraulic lift with a capacity to haul or tow another vehicle, commonly referred to as "rollbacks," need not be lit while the vehicle is in motion unless it is actually towing a vehicle. 

D.  The failure to display lighted headlights and illuminating devices under the conditions set forth in clause (iii) of subsection A of this section shall not constitute negligence per se, nor shall violation of clause (iii) of subsection A of this section constitute a defense to any claim for personal injury or recovery of medical expenses for injuries sustained in a motor vehicle accident. 

E.  No demerit points shall be assessed for failure to display lighted headlights and illuminating devices during periods of fog, rain, sleet, or snow in violation of clause (iii) of subsection A of this section. 

F.  No citation for a violation of clause (iii) of subsection A of this section shall be issued unless the officer issuing such citation has cause to stop or arrest the driver of such motor vehicle for the violation of some other provision of this Code or local ordinance relating to the operation, ownership, or maintenance of a motor vehicle or any criminal statute.

§ 46.2-1061. Sirens or exhaust whistles on emergency vehicles.

Every law-enforcement vehicle, every vehicle authorized to be equipped with warning lights pursuant to §§ 46.2-1022 and 46.2-1023 shall be equipped with a siren, exhaust whistle, or air horn designed to give automatically intermittent signals. Such devices shall be of types not prohibited by the Superintendent.

 § 46.2-1062. Approval of warning devices.

The Superintendent may promulgate regulations relating to the construction, mounting, use, and number of warning devices for which there shall be an approval fee as prescribed in § 46.2-1008. 

§ 46.2-1088.2. Warning devices required on certain vehicles.

Any self-propelled vehicle used to sell ice cream, snacks and similar products at retail directly from the vehicle in residential neighborhoods shall be equipped with a device or devices, of a type approved by the Superintendent of State Police, in good working order, that, whenever the vehicle is operated in reverse gear, automatically display a light signal and emit an audible alarm signal. The provisions of this section shall not be construed to authorize such vehicles to be equipped with red, blue, or amber warning lights unless authorized under Article 3 (§ 46.2-1010 et seq.) of this chapter. 

The provisions of this section shall not apply to vehicles commonly known as "concession trailers," "special events trailers" and similar equipment used to sell or dispense food, soft drinks, bottled water, fruit drinks, wine or malt beverages directly to consumers. 

§ 46.2-1090.1. Warning lights on school buses.

In addition to other lights authorized by law, school buses may be equipped with flashing white or amber warning lights of types authorized by the Board of Education after consultation with the Superintendent of State Police. These warning lights shall be installed in a manner authorized by the Board after consultation with the Superintendent and shall be lighted while the bus is transporting school children during periods of reduced visibility caused by atmospheric conditions other than darkness. These warning lights may also be lighted at other times while the bus is transporting school children. Drivers of motor vehicles approaching school buses displaying lighted warning lights authorized in this section shall not be required to stop except as required in §§ 46.2-844 and 46.2-859

§ 46.2-1102. Size limitations inapplicable to farm machinery, agricultural multipurpose drying units, and fire-fighting equipment; amber warning lights.

A.  The vehicle size limitations contained in Articles 14 through 17 (§ 46.2-1101 et seq.) of this chapter shall not apply to any farm machinery or agricultural multipurpose drying unit when such farm machinery or agricultural multipurpose drying unit is temporarily propelled, hauled, transported, or moved on the highway by a farm machinery distributor or dealer, fertilizer distributor, or farmer in the ordinary course of business. Nor shall those limitations apply to fire-fighting equipment of any county, city, town, or fire-fighting company or association. Any farm tractor or agricultural multipurpose drying unit wider than 108 inches, however, which is so propelled, hauled, transported, or moved on the highway shall be equipped with a safety light of a type approved by the Superintendent of State Police. The light shall be plainly visible from the rear of the tractor or agricultural multipurpose drying unit.

B.  Notwithstanding subsection A of this section, any farm tractor or other farm, agricultural, or horticultural vehicle wider than 108 inches may be equipped with an amber flashing, blinking, or alternating warning light as provided in § 46.2-1025. Any such light may be installed in lieu of or in addition to the safety light described in subsection A of this section. The absence of amber flashing, blinking, or alternating warning lights on any farm tractor or other farm, agricultural, or horticultural vehicle, as authorized under this subsection, shall not constitute negligence, be considered in mitigation of damages of whatever nature, be admissible in evidence or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation, ownership, or maintenance of any motor vehicle or farm tractor, nor shall anything in this section change any existing law, rule, or procedure pertaining to any such civil action. 

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