Virginia Move-Over Law

What Virginia requires

Virginia runs two tiers (Va. Code § 46.2-861.1). Fail to move over for a stopped police, fire, or EMS vehicle and it's reckless driving, a Class 1 misdemeanor, up to $2,500 and up to a year in jail. For a tow truck, highway crew, or any car running hazards, flares, or caution signs, it's a traffic infraction up to $250. Move over a lane when you can, slow down when you can't.

Who you move over for, and the fallback

• Move over for: Two tiers. Tier one: stopped police, fire, and EMS running blue, red, or amber emergency lights. Tier two: tow trucks, highway/service vehicles with amber lights, AND any vehicle that has activated its hazard warning flashers, is showing caution signs, or is marked with lit flares. A disabled car with hazards on is covered under tier two.
• If you can't move over: Change to a lane not next to the stopped vehicle when possible. If a lane change can't be made safely, proceed with due caution at a reduced speed. The move-over lane change applies on highways with at least four lanes, two in your direction.
• Statute subsection B explicitly covers any stationary vehicle that has activated its vehicular hazard warning signal flashers, so disabled vehicles are included even though the NHTSA roundup does not list Virginia as an all-vehicle state. Emergency-vehicle violations (subsection A) are reckless driving; the rest are traffic infractions.

What a violation costs

Fail to move over for a police, fire, or EMS vehicle and it's reckless driving, a Class 1 misdemeanor: up to $2,500, up to 12 months in jail, and 6 demerit points. For tow, highway, or hazard-light vehicles it's a traffic infraction, up to $250. A resulting crash can suspend your license up to 1 year (property damage) or 2 years (injury or death).

More for Virginia