Virginia Move Over Laws

If you don’t move over for stopped emergency vehicles in Virginia, you could be charged with reckless driving.
Written by Macy Fouse
Reviewed by Jessica Barrett
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Under
Virginia
state law, failure to move over or slow down for stopped emergency vehicles with flashing lights could result in six points on your driving record and a reckless driving charge.
One of the leading causes of death for emergency responders is being hit by passing vehicles while at the scene of an accident. Since the 1990s, many states have passed laws to protect emergency responders in situations like these.
Nearly every state has a move over law, and it’s critical to know the rules in your state.
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What are the move over laws in Virginia?

In Virginia, the move over law requires drivers approaching a stationary vehicle with flashing lights and heading in the same direction to change lanes or slow down. Under Virginia Code, Section 46.2-921.1, drivers need to either: 
  • Vacate the lane closest to the stationary vehicle if safe to do so, or
  • Slow to a safe speed for highway conditions

What is considered an emergency vehicle in Virginia? 

The Virginia move over law applies to the following vehicles with flashing, blinking, or alternating red, blue, or yellow lights
  • Police vehicles
  • Fire trucks and other department vehicles
  • Ambulances and EMS workers
  • Tow trucks
  • Utility-related vehicles 
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Penalties for violating Virginia’s move over laws

Previously, if you violated this law by not pulling over or slowing down for emergency vehicles, you were punished with a traffic infraction and a $250 fine. After revising the law, however, a violation of the move over law is now considered reckless driving, which is a Class 1 misdemeanor. This is punishable by up to one year of jail time or a fine of up to $2,500. 
These offenses can cause major damage to your record. That’s why it’s crucial to always change lanes or slow down if you see any stopped vehicle with flashing lights.

Can violating move over laws raise your insurance? 

Since move over violations in Virginia result in a reckless driving charge, it’s very likely your insurance prices will increase, though the amount will depend on the insurance company. Premiums will increase even more if your reckless driving caused injury or property damage, or if you’re a relatively new driver.
Violating a move over law in Virginia will result in six points against your driving record. In other states, this would automatically affect your insurance prices, but many Virginian insurance companies use their own point system to determine rates.
Even if your record is otherwise spotless, a reckless driving charge could drive up your insurance expenses. Avoid unnecessary increases by driving carefully and abiding by the rules of the road.
MORE: Virginia reckless driving
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Why are there move over laws? 

Move over laws exist to allow a buffer zone for any emergency vehicles or responders when they’re pulled over. These laws were created to protect emergency responders from being hit by passing vehicles while tending to the scene of an accident. 
The United States first passed move over laws in the early 2000s after South Carolina paramedic James D. Garcia was hit and injured by a driver while helping a patient on the side of the road. When he was listed at fault for the accident, he decided to do whatever it took to change the law to protect emergency responders. 
Thanks to Garcia, every state now has a move over law, but that doesn’t mean violations are a thing of the past. According to the
Emergency Responder Safety Institute
, 44 emergency responders were struck and killed by vehicles in 2019 alone. 
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