Passing at a Railroad Crossing or Highway Intersection
April 14, 2017 by Jean Humbrecht
Overtaking or passing another vehicle at a railroad grade crossing or highway intersection in Virginia is a form of reckless driving and is a crime. Passing at a railroad grade crossing or highway intersection in Virginia is charged under Va. Code §46.2-858.
Proof of Passing at a Railroad Grade Crossing or Highway Intersection in Virginia
To convict an offender of Passing at a Railroad Grade Crossing or Highway Intersection in Virginia under Va. Code §46.2-858, the Commonwealth must prove that the offender:
Passing at a Railroad Grade Crossing or Highway Intersection in Virginia is a Form of Reckless Driving
- overtook or passed
- any other vehicle
- proceeding in the same direction
- at any railroad grade crossing or at any highway intersection
A driver also violates this section by passing at a railroad grade crossing or highway intersection in Virginia while pedestrians are passing or about to pass in front of either vehicle unless permitted to do so by a traffic light or law-enforcement officer.
There are some exceptions to the prohibition against passing at a railroad grade crossing or highway intersection in Virginia under Va. Code §46.2-858. A driver does not violate this statute if he passed another vehicle at a railroad crossing or highway intersection when there are two or more designated lanes for each direction of travel. There is also an exception to the statute if the intersection is designated and marked as a passing zone or is a designated one-way street or highway.
Penalty for Passing at a Railroad Grade Crossing or Highway Intersection in Virginia
Passing at a railroad grade crossing or highway intersection in Virginia is a Class 1 misdemeanor. It is punished with up to 12 months in jail, a fine up to $2500, and driver’s license suspension for 60 days up to 6 months. The offender may apply for a restricted driver’s license, which will allow him to drive to a limited number of places at specific times of the day. However, a commercial driver cannot obtain a restricted license at all if his license is suspended for passing at a railroad grade crossing or highway intersection in Virginia.
A conviction for passing at a railroad grade crossing or highway intersection in Virginia under Va. Code §46.2-858 will also automatically result in 6 DMV demerit points and will remain on the offender’s driving record for 11 years.
The driver may be required to enroll in and complete the Virginia Alcohol Safety Action Program (ASAP) if the court thinks that the offense was alcohol or drug-related.
If the driver was using a handheld communications device (or texting while driving), there will be a mandatory MINIMUM fine of $250 (Va. Code §46.2-868(C)). In some circumstances, a driver can be convicted of passing at a railroad grade crossing or highway intersection in Virginia under Va. Code §46.2-858 and texting while driving under Va. Code §46.2-818.2.
Finally, and perhaps most importantly, a conviction for passing at a railroad grade crossing or highway intersection in Virginia under Va. Code §46.2-858 will remain on the drivers permanent criminal record and cannot be expunged.
Is Passing at a Railroad Grade or Highway Intersection in Virginia Ever A Felony?
Passing at a railroad grade crossing or highway intersection in Virginia under Va. Code §46.2-858 can be a felony in certain circumstances. If the offender’s driver’s license was suspended or revoked because of a moving violation and his reckless driving caused the death of another person, he will be charged with a Class 6 felony (Va. Code §46.2-868(B)). Felony reckless driving is punished with up to 5 years in prison, a fine up to $2500, and driver’s license revocation for one year. Click here for more information on felony reckless driving in Virginia.
Passing at a Railroad Grade Crossing or Highway Intersection: Statute
§46.2-858. Passing at a railroad grade crossing