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Moving Over For Stopped Vehicles

Va. Code 46.2-861.1 — a lane change, or due caution, near flashing lights and hazard flashers

In Virginia, a driver approaching a stationary vehicle on a highway of at least four lanes, two of them going the driver's way, proceeds with caution and, if reasonable, changes into a lane not next to it. Where changing lanes would be unreasonable or unsafe, the driver proceeds with due caution at a safe speed.

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The stopped vehicle showsA violation is
The stopped vehicle showsFlashing blue, red or amber lights of an emergency or other listed vehicleA violation isReckless driving
The stopped vehicle showsOther amber lights, hazard flashers, caution signs, or lit flaresA violation isA traffic infraction

Where the violation damaged another's property, the court may also suspend the license for not more than one year, and for not more than two years where it injured or killed someone. The section does not apply in highway work zones.

Sources for this section (1)
  1. Va. Code 46.2-861.1 — Drivers to yield right-of-way or reduce speed when approaching stationary vehicles displaying certain warning lights on highways; penalties

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.

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