Since the inception of the “Move Over” law in 2002, Virginia has been serious about getting drivers on highways to slow down and move over when a stationary vehicle is on the side of a highway with its flashing lights. This year, Virginia’s government has taken steps to continue to protect its first responders and individuals on the side of the highways by increasing the punishments associated with a drivers failure to “move over”.
Effective July 1st, Virginia House Bill 1911 was enacted to create Virginia Code §46.2-861.1 increasing the fines for when a driver fails to “move over” when certain vehicles are stationary on highways in the Commonwealth. These vehicles (outlined in more detail in the code section below) include but are not limited to police, medical, fire department and utility related vehicles. Prior to the enactment of Virginia Code §46.2-861.1, Virginia Code §46.2-921.1 controlled the issue and held that a first offense would be punished by a fine of up to $250. The General Assembly and the Governor felt that this was not a stringent enough fine, and has increased the penalty to a Class 1 misdemeanor Reckless Driving. For other vehicles (listed in more detail in in subdivision A 1 or 2 of § 46.2-1025), the first violation is punishable as a traffic infraction.
The new code section also allows the court to suspend a driver’s privilege to drive for up to a year if property has been damaged and, in the event of injury or death, for up to two years.
The Code now states:
§ 46.2-861.1. Drivers to yield right-of-way or reduce speed when approaching stationary vehicles displaying certain warning lights on highways; penalties.
B. The driver of any motor vehicle, upon approaching a stationary vehicle that is displaying a flashing, blinking, or alternating amber light or lights as provided in subdivision A 1 or 2 of § 46.2-1025 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 the stationary vehicle or (ii) if changing lanes would be unreasonable or unsafe, proceed with due caution and maintain a safe speed for highway conditions. A violation of any provision of this subsection shall be punishable as a traffic infraction.
C. 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 or death 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 you have questions or have received a reckless driving or “move over” ticket, please don’t hesitate to contact us at 804-423-1382 or info@wmmlegal.com to schedule a one-on-one consultation with one of our experienced Virginia attorneys.
