CODE OF VIRGINIA DRIVERS TO GIVE WAY TO CERTAIN OVERTAKING VEHICLES ON DIVIDED HIGHWAYS (§ 46.2-842.1) It shall be unlawful to fail to give way to overtaking traffic when driving a motor vehicle to the left and abreast of another motor vehicle on a divided highway. The driver of the overtaken vehicle shall move to the right to allow the overtaking vehicle to pass as soon as the overtaken vehicle can safely do so. A violation of this section shall not be construed as negligence per se in any civil action. HISTORY: 1989, c. 708, § 46.1-211.1; 2020, c. 815.