Virginia Law

A. The commissioner may restrict or prohibit parking, stopping, or standing on any portion of the right-of-way of a primary or secondary highway where, in the commissioner's discretion, such parking, stopping, or standing impedes the safe or intended use of the highway.

B. Parking, stopping, or standing is prohibited on any bridge or in any tunnel and on any sidewalk, bicycle lane, or shared-use path unless otherwise indicated by the department.

C. The commissioner shall consider the following factors when determining whether to restrict or prohibit parking, stopping, or standing in a location pursuant to subsection A of this section:

1. The intended use of the highway. Generally, highways with a federal functional classification of arterial or collector facilitate the mobility of traffic and typically have higher speed limits (such as greater than 35 miles per hour). Highways with a federal functional classification of local generally serve to provide access, including parking to adjacent residences and businesses, and generally have speed limits of 35 miles per hour or less, such as in a business district or residence district.

2. The roadway design, speed, and traffic. Generally, parking, stopping, or standing may be prohibited where the roadway features, traffic and speeds do not conform to VDOT's design standards for the provision of parking (such design standards include design speed, traffic volume, truck percentage and the widths of pavement, travel lane, shoulder, parking lane, clear zone as well as geometric and sight distance standards). The proximity of parking to horizontal or vertical curves, intersections, entrances, or crosswalks should be considered as parking may impede the ability of vehicles or pedestrians to safely see the highway and other vehicles or pedestrians ahead or for vehicles to negotiate a turn onto or off the highway.

3. Potential damage to the highway or right of way. Where parking, stopping, or standing may cause undue damage to any portion of the highway or right of way maintained by VDOT.

4. Potential for obstruction. Where parking, stopping, or standing obstructs the actions required by VDOT for operating, maintaining, or constructing the highway or right of way.