                                 CODE OF VIRGINIA

DRIVERS TO YIELD RIGHT-OF-WAY OR REDUCE SPEED WHEN APPROACHING STATIONARY
VEHICLES DISPLAYING CERTAIN WARNING LIGHTS ON HIGHWAYS; PENALTIES (§
46.2-861.1)

A. The driver of any motor vehicle, upon approaching a stationary vehicle that
is displaying a flashing, blinking, or alternating blue, red, or amber light or
lights as provided in &#xA7; 46.2-1022, 46.2-1023, or 46.2-1024 or subsection B
of &#xA7; 46.2-1026 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 is reckless
driving.

B. The driver of any motor vehicle, upon approaching a stationary vehicle that
(i) is displaying a flashing, blinking, or alternating amber light or lights as
provided in subdivision A 1 or 2 of &#xA7; 46.2-1025, (ii) has activated the
vehicular hazard warning signal flashers, (iii) is displaying caution signs, or
(iv) is marked with properly lit flares or torches shall (a) 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 (b) 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&#8217;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&#8217;s privilege to operate
a motor vehicle for not more than two years.

D. The provisions of this section shall not apply in highway work zones as
defined in &#xA7; 46.2-878.1.

HISTORY: 2019, c. 850; 2023, cc. 616, 617.