Code of Virginia

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Code of Virginia
Title 46.2. Motor Vehicles
Chapter 8. Regulation of Traffic
5/18/2021

Article 10. Stopping on Highways.

§ 46.2-888. Stopping on highways; removing motor vehicle from roadway.

A. No person shall stop a vehicle in such manner as to impede or render dangerous the use of the highway by others, except in the case of an emergency, an accident, or a mechanical breakdown.

B. In the event of such an emergency, accident, or breakdown, the emergency flashing lights of such vehicle shall be turned on if the vehicle is equipped with such lights and such lights are in working order. If the driver is capable of safely doing so, the vehicle is movable, and there are no injuries or deaths resulting from the emergency, accident, or breakdown, the driver shall move the vehicle from the roadway to prevent obstructing the regular flow of traffic, provided, however, that the movement of the vehicle to prevent the obstruction of traffic shall not relieve the law-enforcement officer of his duty pursuant to § 46.2-373. A report of the vehicle's location shall be made to the nearest law-enforcement officer as soon as practicable, and the vehicle shall be moved from the roadway to the shoulder as soon as possible and removed from the shoulder without unnecessary delay. If the vehicle is not promptly removed, such removal may be ordered by a law-enforcement officer at the expense of the owner if the disabled vehicle creates a traffic hazard.

C. (Contingent expiration date — see Editor's note) In the event of an accident on any part of Interstate 66 where a HOT lane as defined in § 33.2-500 is under construction and the shoulders of Interstate 66 are being or have been removed, the driver shall move the vehicle from the roadway to the nearest pull-off area if the driver is capable of safely doing so, the vehicle is movable, and there are no injuries or deaths resulting from the accident, provided, however, that the movement of the vehicle shall not relieve the law-enforcement officer of his duty pursuant to § 46.2-373. For purposes of this subsection, "pull-off area" includes an exit ramp or otherwise agreed-upon location. A violation of this subsection is a traffic infraction punishable by a fine of $20.

Code 1950, § 46-256; 1952, c. 671; 1958, c. 541, § 46.1-248; 1962, c. 175; 1972, c. 63; 1974, c. 230; 1977, cc. 284, 326; 1985, c. 93; 1989, c. 727; 1997, c. 431; 2008, c. 737; 2017, c. 350; 2019, c. 265.

§ 46.2-889. Location of parked vehicles.

No vehicle shall be stopped except close to and parallel to the right edge of the curb or roadway, except that a vehicle may be stopped close to and parallel to the left curb or edge of the roadway on one-way streets or may be parked at an angle where permitted by the Commonwealth Transportation Board, the Department, or local authorities with respect to highways under their jurisdiction.

Code 1950, § 46-256; 1952, c. 671; 1958, c. 541, § 46.1-248; 1962, c. 175; 1972, c. 63; 1974, c. 230; 1977, cc. 284, 326; 1985, c. 93; 1989, c. 727; 2013, cc. 585, 646.

§ 46.2-890. Stopping in vicinity of fire or emergency.

No vehicle shall be stopped at or in the vicinity of a fire, vehicle or airplane accident, or other area of emergency, in such a manner as to create a traffic hazard or interfere with law-enforcement officers, fire fighters, rescue workers, or others whose duty it is to deal with such emergencies. Any vehicle found unlawfully parked in the vicinity of a fire, accident, or area of emergency may be removed by order of a law-enforcement officer or, in the absence of a law-enforcement officer, by order of the uniformed fire or rescue officer in charge, at the risk and expense of the owner if such vehicle creates a traffic hazard or interferes with the necessary procedures of law-enforcement officers, fire fighters, rescue workers, or others whose assigned duty it is to deal with such emergencies. The charge for such removal shall not exceed the actual and necessary cost. Vehicles being used by accredited information services, such as press, radio, and television, when being used for the gathering of news, shall be exempt from the provisions of this section, except when actually obstructing the law-enforcement officers, fire fighters, and rescue workers dealing with such emergencies.

Code 1950, § 46-256; 1952, c. 671; 1958, c. 541, § 46.1-248; 1962, c. 175; 1972, c. 63; 1974, c. 230; 1977, cc. 284, 326; 1985, c. 93; 1989, c. 727.

§ 46.2-891. Exemption for highway construction and maintenance vehicles.

The provisions of this article shall not apply to any vehicle owned or controlled by the Virginia Department of Transportation or counties, cities or towns, while actually engaged in the construction, reconstruction, maintenance, or emergency road clearance of highways.

Code 1950, § 46-256; 1952, c. 671; 1958, c. 541, § 46.1-248; 1962, c. 175; 1972, c. 63; 1974, c. 230; 1977, cc. 284, 326; 1985, c. 93; 1989, c. 727; 2007, cc. 189, 918.

§ 46.2-892. Rural mail carriers stopping on highways.

The provisions of § 46.2-888 shall not apply to any rural mail carrier stopping on the highway while collecting or delivering the United States mail at a mailbox, provided there is lettered on the back of the vehicle operated by such rural mail carrier, or lettered on a sign securely attached to and displayed at the rear of such vehicle, in letters at least four inches in height the following words and groups of words, which may be in any order:

CAUTION

FREQUENT STOPS

U.S. MAIL

Additionally, the provisions of § 46.2-888 shall not apply to such rural mail carrier so stopping if, in lieu of such sign, the vehicle has, and is using, supplemental turn signals mounted at each side of the roof of the vehicle. Between the lights on the assembly shall be mounted a sign with the words "U.S. Mail", or at least one flashing amber warning light, mounted on the roof or rear of the vehicle, to be used in conjunction with a rear-mounted "U.S. Mail" sign.

The roof-mounted "U.S. Mail" sign required by the foregoing provisions of this section shall be yellow with black letters at least four inches in height, and the lights shall be of the type approved by the Superintendent of State Police. The lettered sign shall be displayed only when the vehicle is engaged in the collection or delivery of the United States mail.

Nothing in this section shall be construed to relieve any such mail carrier from civil liability for such stopping on any highway if he is negligent in so doing, and if the negligence proximately contributes to any personal injury or property damage resulting therefrom.

Code 1950, § 46-256.1; 1954, c. 433; 1958, c. 541, § 46.1-249; 1962, c. 382; 1989, c. 727; 1998, c. 411; 2004, c. 359; 2005, c. 140.

§ 46.2-893. Stopping on highways to discharge cargo or passengers; school buses.

No truck or bus, except a school bus, shall be stopped wholly or partially on the traveled portion of any highway outside of cities and towns for the purpose of taking on or discharging cargo or passengers unless the operator cannot leave the traveled portion of the highway with safety. A school bus may be stopped on the traveled portion of the highway when taking on or discharging school children, but these stops shall be made only at points where the bus can be clearly seen for a safe distance from both directions.

Code 1950, § 46-257; 1950, p. 941; 1956, c. 505; 1958, c. 541, § 46.1-250; 1960, c. 256; 1989, c. 727.