Drivers in Virginia are required to yield to emergency vehicles. Failing to do so when the emergency vehicle is stationary and displaying flashing lights is a crime. For more information on the requirement to yield right-of-way to vehicle flashing lights in Virginia under Va. Code §46.2-861.1, read the post below.
Requirement to Yield Right-of-Way to Vehicle with Flashing Lights in Virginia
In certain situations, drivers in Virginia are required to yield to (or move over for) emergency vehicles.
Drivers on a highway with at least 4 lanes (2 of which were intended for traffic proceeding as the approaching vehicle) that are approaching a stationary vehicle that is displaying flashing, blinking, or alternating blue, red, or amber lights on a highway must proceed with caution and if reasonable with traffic and safety conditions, yield the right-of way by making a lande change into a lane not adjacent to the stationary vehicle or if changing lanes would be unreasonable or unsafe, proceed with caution and maintain a safe speed for highway conditions.
Penalty for Failing to Yield Right-of-Way to Vehicle with Flashing Lights in Virginia
Failing to yield the right-of-way to an emergency vehicle in Virginia under §46.2-861.1 is considered Reckless Driving. It is punished with up to 12 months in jail and a fine up to $2,500. The court can also order driver’s license suspension up to 6 months. However, if the offense resulted in property damage to another person, the court could suspended the offender’s license up to one year. If the offense resulted in injury or death of another person, the court can suspend the offender’s license up to 2 years.
A. The driver of any motor vehicle, upon approaching a stationary vehicle that is displaying a flashing, blinking, or alternating blue, red, or amber light or lights as provided in § 46.2-1022, 46.2-1023, or 46.2-1024 or subsection B of § 46.2-1026 shall (i) on a highway having at least four lanes, at least two of which are intended for traffic proceeding as the approaching vehicle, proceed with caution and, if reasonable, with due regard for safety and traffic conditions, yield the right-of-way by making a lane change into a lane not adjacent to the stationary vehicle or (ii) if changing lanes would be unreasonable or unsafe, proceed with due caution and maintain a safe speed for highway conditions. A violation of any provision of this subsection is reckless driving.B. The driver of any motor vehicle, upon approaching a stationary vehicle that (i) is displaying a flashing, blinking, or alternating amber light or lights as provided in subdivision A 1 or 2 of § 46.2-1025, (ii) has activated the vehicular hazard warning signal flashers, (iii) is displaying caution signs, or (iv) is marked with properly lit flares or torches shall (a) on a highway having at least four lanes, at least two of which are intended for traffic proceeding as the approaching vehicle, proceed with caution and, if reasonable, with due regard for safety and traffic conditions, yield the right-of-way by making a lane change into a lane not adjacent to the stationary vehicle or (b) if changing lanes would be unreasonable or unsafe, proceed with due caution and maintain a safe speed for highway conditions. A violation of any provision of this subsection shall be punishable as a traffic infraction.C. If the violation resulted in damage to property of another person, the court may, in addition, order the suspension of the driver’s privilege to operate a motor vehicle for not more than one year. If the violation resulted in injury or death to another person, the court may, in addition to any other penalty imposed, order the suspension of the driver’s privilege to operate a motor vehicle for not more than two years.D. The provisions of this section shall not apply in highway work zones as defined in § 46.2-878.1.
