# Important: Virginia law regarding passing stopped emergency vehicles...



## Semper Fidelis (Oct 22, 2008)

First, this post is being made to inform and not to debate the propriety of the Law. I will delete any political comments that ensue. I received the following today from somebody at work:


> In case you are not aware, as I was not about a relatively new law in Va,
> 
> I wanted to give all of you a heads up because of a traffic citation I received Sunday morning. As I was traveling in the right lane on the Dulles Toll Rd to the airport, I came upon a stopped state trooper on the right shoulder who had stopped a vehicle; he was pulled all the way over on shoulder. I was driving the speed limit and remained in my lane and even slowed down; there was a speeding car that passed in the left lane, thus I stayed in my lane. The next thing I know, the trooper is behind us with his lights flashing and I thought he was going to go after the speeding car, but instead he pulled me over.
> 
> The first thing the officer said was that I was not speeding, but the reason he pulled me over was because I was supposed to move over to the left lane prior to passing a stopped emergency vehicle. I told him I wasn't aware of the law and he said he had just gotten hit the previous day by someone who hadn't moved over. I thought he would give me a warning since I wasn't aware of the law and was driving responsibly and haven't gotten a ticket in over 10 years, but he gave me a summons where I have to appear in court. This is a class 1 misdemeanor violation which can result up to $2500 in fines and up to 1 year in jail. I've included links regarding the law, which of course I found after the fact, so you are all aware.


Here's the Law:
Virginia State Police


> Virginia Code 46.2-921.1
> 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.


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## bookslover (Oct 23, 2008)

I wonder if Virginia had a grace period where only warnings were issued. If so, your work colleague obviously missed it. I hope the judge will be lenient in his case.


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## Timothy William (Oct 23, 2008)

Would your colleague be able to claim in court that the speeding car to his left made changing lanes unsafe, and hence (ii) applied?

"(ii) if changing lanes would be unreasonable or unsafe, proceed with due caution and maintain a safe speed for highway conditions."


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## reformedcop (Oct 23, 2008)

subsection ii) is going to be key in his case if he chooses to contest.

*Restraining self from commenting further*


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## Solus Christus (Oct 23, 2008)

Looks like this law isn't just in Virginia. There's several states included in this "Move Over Act".


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## Quickened (Oct 23, 2008)

I think it was last year that Wisconsin put this in to law. I didnt even know about it and received a ticket while driving my buddy home. Court in my case wasnt mandatory but i received a $70 something dollar ticket.

My big thing was I didnt even know about it. Had i'd known I would have made the lane change. They should really send out a flier in the mail or something regarding new traffic laws.


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## jfschultz (Oct 23, 2008)

> Virginia Code 46.2-921.1
> ... 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.



The speeding car passing you would bring the (ii) section into play.


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## JBaldwin (Oct 23, 2008)

I was warned by my uncle the last time I was in Illinois that they have a strict law about slowing down and getting out of the way in construction zones. The fines and penalties are high, and they will pull people over and ticket a driver in a posted construction zone even if there is no real construction going on and no workers are present.


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## smhbbag (Oct 23, 2008)

> The speeding car passing you would bring the (ii) section into play.



Unfortunately, that section will likely not be helpful. All the police officer has to say in court is, "I didn't see a passing car." And that will be accepted as fact by the court.

Because there is absolutely no way to prove innocence in the vast majority of traffic cases, everyone's best bet is just to avoid being pulled over at all. With this law in mind (also in effect in NC), that means I move over any time there is _any_ vehicle on the shoulder, law enforcement or not, especially at night. If the officer does not have his lights on, or is not visible, or even in an unmarked police car without his lights on, etc. - these reasons will never hold in court. "Your honor, I had my lights on" is enough to ruin an entire defense, and will be treated as fact. These are not opinions or commentary; it's just true. Not all police officers, of course, use such tactics, and I hope maybe even a majority do not - but plenty do. 

Considering the significantly lopsided legal positioning in traffic cases, it's better safe than sorry, considering the court costs and ticket usually pale in comparison to the insurance hike. Drive like your grandma (with better vision and blinkers off unless you are turning), and a great majority of these problems disappear.

That, and you save gas driving that way, and are a safer driver overall. There is no real downside to obsessively obeying traffic law minutiae. 

(No offense to anyone whose grandmother has excellent vision, and uses signals properly)


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## matt01 (Oct 23, 2008)

Semper Fidelis said:


> First, this post is being made to inform...



It sounds like a good law, unfortunate that you friend did not know about it. I suppose now is a good time to go get one of those rule books from ICBC (DMV), and see if anything else has changed.


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## LadyFlynt (Oct 23, 2008)

It'd be nice if they announced such rule changes 

Personally, he should still claim (ii) and can state that it is true that the officer may not have noticed the other car as he was attending to the car he had pulled over and his paperwork.


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## jaybird0827 (Oct 23, 2008)

Rich,

Thank you for posting this thread. I just learned from one of the above replies that it's law here in North Carolina as well.

It just seems the common sense thing to do. You see something like that you want to pull over into the farther lane, and if possible you do it. It might just be the time that a tow truck could be pulling a wrecked vehicle out, the trooper could be finishing up and starting to leave the scene, or people in the emergency area need that extra clearance.

And it also make sense that if you can't pull into an adjacent lane that you slow down and literally crawl through until you've cleared the emergency scene.

Appreciate the heads up!


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## Ivan (Oct 23, 2008)

What this law states I have done for years when confronted with any vechile on the side of the road of a four lane highway. Seems like the logical thing to do.


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## MLCOPE2 (Oct 23, 2008)

I think this is why the laws are in place!

[video=metacafe;407629/cop_close_call/]http://www.metacafe.com/watch/407629/cop_close_call/[/video]


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## Seb (Oct 23, 2008)

Florida's had the same kind of law for a few years. 

My brother-in-law got nailed by it shortly after it took effect. No warning, just a big fine. He had no idea there was a new law either.



> Drivers are now required to "move over" or "slow down" when approaching an authorized emergency vehicle that is stopped on a highway in Florida. The "Move Over Act", passed during the 2002 session of the Florida Legislature, was signed by Governor Jeb Bush on May 1, 2002.
> 
> There are several important provisions concerning this new law. Effective July 1, 2002, on interstate highways or other highways with two or more lanes traveling in the direction of the emergency vehicle, and except when otherwise directed by a law enforcement officer, drivers approaching a law enforcement or other authorized emergency vehicle parked on a roadway with their emergency lights activated, are required to vacate the lane closest to the emergency vehicle, as soon as it is safe to do so.
> 
> ...


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## bradofshaw (Oct 24, 2008)

I've been convicted recently of my poor driving habits, so this is just another reminder to me of my need to drive with caution and not be irresponsible. That said, I usually change lanes in a situation like this out of instinct. Hope your friend gets leniency, as it doesn't sound like he had much choice.

I'm curious what happened to the situation the officer was attending to originally. He must have dropped everything to chase your friend down!


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## panta dokimazete (Oct 24, 2008)

"ignorance of the law is no excuse", but doggone!

Thanks for the heads up , Rich!


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