{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-838.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-838.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-838.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-838.html"}],"law_id":55642,"edition_id":1,"section_id":55642,"structure_id":14283,"section_number":"46.2-838","catch_line":"Passing when overtaking a vehicle","history":"Code 1950, \u00a7 46-224; 1958, c. 541, \u00a7 46.1-208; 1989, c. 727; 1999, c. 999; 2004, cc. 947, 973; 2015, cc. 189, 197.","full_text":"A\n\nThe driver of any vehicle overtaking another vehicle proceeding in the same direction shall pass at least two feet to the left of the overtaken vehicle and shall not again drive to the right side of the highway until safely clear of such overtaken vehicle, except as otherwise provided in this article.B\n\nThe driver of any motor vehicle, upon overtaking a stationary vehicle that is displaying a flashing, blinking, or alternating amber light as provided in § 46.2-892 or subdivision A 10 of § 46.2-1025, shall proceed with due caution and maintain a safe speed for highway conditions.C\n\nThe driver of any motor vehicle, upon overtaking a stationary vehicle in the process of refuse collection operations, shall (i) on a highway having at least four lanes, at least two of which are intended for traffic proceeding in the same direction 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 or on highways having fewer than four lanes, proceed with due caution and decrease speed to 10 miles per hour below the posted speed limit and pass at least two feet to the left of the vehicle.","order_by":null,"text":{"0":{"id":203959,"text":"The driver of any vehicle overtaking another vehicle proceeding in the same direction shall pass at least two feet to the left of the overtaken vehicle and shall not again drive to the right side of the highway until safely clear of such overtaken vehicle, except as otherwise provided in this article.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":203960,"text":"The driver of any motor vehicle, upon overtaking a stationary vehicle that is displaying a flashing, blinking, or alternating amber light as provided in § 46.2-892 or subdivision A 10 of § 46.2-1025, shall proceed with due caution and maintain a safe speed for highway conditions.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":203961,"text":"The driver of any motor vehicle, upon overtaking a stationary vehicle in the process of refuse collection operations, shall (i) on a highway having at least four lanes, at least two of which are intended for traffic proceeding in the same direction 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 or on highways having fewer than four lanes, proceed with due caution and decrease speed to 10 miles per hour below the posted speed limit and pass at least two feet to the left of the vehicle.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14283,"edition_id":1,"name":"Passing","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":12875,"metadata":{},"date_created":"2026-06-26 03:47:36","date_modified":"2026-06-26 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vehicle","url":"\/46.2-838\/","token":"46.2\/III\/8\/4\/46.2-838","metadata":false},{"id":76605,"structure_id":14283,"section_number":"46.2-839","catch_line":"Passing bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, animal, or animal-drawn vehicle","url":"\/46.2-839\/","token":"46.2\/III\/8\/4\/46.2-839","metadata":false},{"id":63992,"structure_id":14283,"section_number":"46.2-840","catch_line":"Repealed","url":"\/46.2-840\/","token":"46.2\/III\/8\/4\/46.2-840","metadata":false},{"id":57236,"structure_id":14283,"section_number":"46.2-841","catch_line":"When overtaking vehicle may pass on right","url":"\/46.2-841\/","token":"46.2\/III\/8\/4\/46.2-841","metadata":false},{"id":55552,"structure_id":14283,"section_number":"46.2-842","catch_line":"Driver to give way to overtaking vehicle","url":"\/46.2-842\/","token":"46.2\/III\/8\/4\/46.2-842","metadata":false},{"id":81994,"structure_id":14283,"section_number":"46.2-842.1","catch_line":"Drivers to give way to certain overtaking vehicles on divided highways","url":"\/46.2-842.1\/","token":"46.2\/III\/8\/4\/46.2-842.1","metadata":false},{"id":67851,"structure_id":14283,"section_number":"46.2-843","catch_line":"Limitations on overtaking and passing","url":"\/46.2-843\/","token":"46.2\/III\/8\/4\/46.2-843","metadata":false},{"id":69210,"structure_id":14283,"section_number":"46.2-844","catch_line":"Passing stopped school buses; prima facie evidence; penalty","url":"\/46.2-844\/","token":"46.2\/III\/8\/4\/46.2-844","metadata":false}],"previous_section":{"id":66732,"structure_id":14283,"section_number":"46.2-837","catch_line":"Passing vehicles proceeding in opposite directions","url":"\/46.2-837\/","token":"46.2\/III\/8\/4\/46.2-837","metadata":false},"next_section":{"id":76605,"structure_id":14283,"section_number":"46.2-839","catch_line":"Passing bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, animal, or animal-drawn vehicle","url":"\/46.2-839\/","token":"46.2\/III\/8\/4\/46.2-839","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-838\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1958, chapter 541; in 1989, chapter 727; in 1999, chapter 999<\/a>; in 2004, chapters 947<\/a> and 973<\/a>; in 2015, chapters 189<\/a> and 197<\/a>.<\/p>","references":[{"id":59312,"section_number":"46.2-492","catch_line":"Uniform Demerit Point System","order_by":null,"url":"\/46.2-492\/"},{"id":64733,"section_number":"46.2-868.1","catch_line":"Aggressive driving; penalties","order_by":null,"url":"\/46.2-868.1\/"}],"refers_to":[{"id":61251,"section_number":"46.2-1025","catch_line":"Flashing amber, purple, or green warning lights","order_by":null,"url":"\/46.2-1025\/"},{"id":66480,"section_number":"46.2-892","catch_line":"Rural mail carriers stopping on highways","order_by":null,"url":"\/46.2-892\/"}],"permalink":{"id":230807,"object_type":"law","relational_id":55642,"identifier":"46.2-838","token":"46.2\/III\/8\/4\/46.2-838","url":"\/46.2-838\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-838\/","token":"46.2\/III\/8\/4\/46.2-838","dublin_core":{"Title":"Passing when overtaking a vehicle","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-838","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The driver<\/span> of any vehicle<\/span> overtaking another vehicle<\/span> proceeding in the same direction shall pass at least two feet to the left of the overtaken vehicle<\/span> and shall not again drive to the right side of the highway<\/span> until safely clear of such overtaken vehicle<\/span>, except as otherwise provided in this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The driver<\/span> of any motor vehicle<\/span>, upon overtaking a stationary vehicle that is displaying a flashing, blinking, or alternating amber light<\/span> as provided in § 46.2-892<\/a> or subdivision A 10 of § 46.2-1025<\/a>, shall proceed with due caution and maintain a safe speed for highway<\/span> conditions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The driver<\/span> of any motor vehicle<\/span>, upon overtaking a stationary vehicle in the process of refuse collection operations, shall (i) on a highway<\/span> having at least four lanes<\/span>, at least two of which are intended for traffic proceeding in the same direction 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<\/span> change into a lane<\/span> not adjacent to the stationary vehicle or (ii) if changing lanes<\/span> would be unreasonable or unsafe or on highways<\/span><\/span> having fewer than four lanes<\/span>, proceed with due caution and decrease speed to 10 miles per hour below the posted speed limit and pass at least two feet to the left of the vehicle. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPASSING WHEN OVERTAKING A VEHICLE (\u00a7 46.2-838)\n\nA. The driver of any vehicle overtaking another vehicle proceeding in the same\ndirection shall pass at least two feet to the left of the overtaken vehicle and\nshall not again drive to the right side of the highway until safely clear of\nsuch overtaken vehicle, except as otherwise provided in this article.\n\nB. The driver of any motor vehicle, upon overtaking a stationary vehicle that is\ndisplaying a flashing, blinking, or alternating amber light as provided in\n§ 46.2-892 or subdivision A 10 of § 46.2-1025, shall proceed with due\ncaution and maintain a safe speed for highway conditions.\n\nC. The driver of any motor vehicle, upon overtaking a stationary vehicle in the\nprocess of refuse collection operations, shall (i) on a highway having at least\nfour lanes, at least two of which are intended for traffic proceeding in the\nsame direction as the approaching vehicle, proceed with caution and, if\nreasonable, with due regard for safety and traffic conditions, yield the\nright-of-way by making a lane change into a lane not adjacent to the stationary\nvehicle or (ii) if changing lanes would be unreasonable or unsafe or on highways\nhaving fewer than four lanes, proceed with due caution and decrease speed to 10\nmiles per hour below the posted speed limit and pass at least two feet to the\nleft of the vehicle.\n\nHISTORY: Code 1950, \u00a7 46-224; 1958, c. 541, \u00a7 46.1-208; 1989, c. 727; 1999, c.\n999; 2004, cc. 947, 973; 2015, cc. 189, 197.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}