                                 CODE OF VIRGINIA

OPERATION OF TOW TRUCKS OR VEHICLES OWNED OR CONTROLLED BY THE DEPARTMENT OF
TRANSPORTATION UNDER CERTAIN CIRCUMSTANCES; INCIDENT MANAGEMENT (§ 46.2-920.1)

A. When operating at or en route to or from the scene of a traffic accident or
similar emergency and when specifically directed by a law-enforcement officer
present at the scene of a motor vehicle crash or similar incident, tow truck
operators or vehicles owned or controlled by the Department of Transportation
may:

   1. Operate on a highway in a direction opposite that otherwise permitted for
   traffic;

   2. Cross medians of divided highways;

   3. Use cross-overs and turn-arounds otherwise reserved for use only by
   authorized vehicles;

   4. Drive on a portion of the highway other than the roadway;

   5. Stop or stand on any portion of the highway; and

   6. Operate in any other manner as directed by a law-enforcement officer at the
   scene.

B. When operating at, en route to, or from the scene of a traffic accident or
similar emergency, a vehicle operated pursuant to a Department of Transportation
safety service patrol program or pursuant to a contract with the Department of
Transportation for, or that includes, traffic incident management services as
defined in this subsection, with due regard to the safety of persons and
property and without direction of law enforcement, may overtake and pass stopped
or slow-moving vehicles by going off the paved or main traveled portion of the
highway on the right or on the left. For purposes of this chapter and Chapter 12
(&#xA7; 46.2-1200 et seq.), &#8220;safety service patrol program&#8221; means a
program or service sponsored or operated by the Department of Transportation
that assists stranded motorists and provides traffic control during traffic
incidents, including traffic accidents and road work, and &#8220;traffic
incident management services&#8221; means services provided in response to any
event or situation on or affecting the Department of Transportation right-of-way
that impedes traffic or creates a temporary safety hazard.

C. Nothing in this section, however, shall (i) immunize the driver of any such
vehicle from criminal prosecution for conduct constituting reckless disregard of
the safety of persons and property or (ii) release the driver of any such
vehicle from any civil liability for failure to use reasonable care in
operations permitted in this section. However, drivers of vehicles owned or
operated by the Department of Transportation and employees of the Commonwealth
are immune for acts of simple negligence for claims of civil liability arising
from the operation of such vehicles pursuant to this section.

HISTORY: 1990, c. 470; 2007, cc. 189, 918; 2012, cc. 27, 108; 2017, c. 350.