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The Equipment Stop

Va. Code 46.2-1030 — sunset to sunrise, 500 feet, and the wipers, which is not by itself a reason to stop

When. Lighted headlights are displayed from sunset to sunrise; when rain, smoke, fog, snow, sleet, insufficient light, or other conditions reduce visibility so that persons or vehicles are not clearly discernible at a distance of 500 feet; and whenever windshield wipers are in use as a result of fog, rain, sleet, or snow, though not when they are used intermittently in misting rain, sleet, or snow.

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The wipers rule is not a reason to stop. No citation for the wipers clause is issued unless the officer has cause to stop or arrest the driver for some other violation. No law enforcement officer stops a vehicle for a violation of the section, except that an officer may stop a vehicle that displays no lighted headlights during the times it sets. Evidence obtained from a stop in violation of that rule, including evidence obtained with the operator's consent, is not admissible.

No points. No demerit points are assessed for failing to display lights during fog, rain, sleet, or snow under the wipers clause, and that failure is not negligence per se.

The tail lights. Every motor vehicle carries at the rear two red lights plainly visible in clear weather from a distance of 500 feet.

The plate light, and no stop for it. The rear license plate is illuminated with a white light so it may be read from a distance of 50 feet. No law enforcement officer stops a motor vehicle for a violation of that requirement, and evidence obtained from such a stop, including with consent, is not admissible.

Other equipment the code requires, from brakes to mirrors, is set out in other sections that are not on this page. Whether a lamp was out, or the conditions called for lights, is a question of fact, and whether a stop on that basis was lawful is a question for a licensed Virginia attorney.

Sources for this section (2)
  1. Va. Code 46.2-1030 — When lights are to be lighted, and no stop for the wipers rule
  2. Va. Code 46.2-1013 — Tail lights and the license plate light

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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