Hope this helps in some way, be aware! Have a good, safe night.

Subject: The Move-Over Law in Virginia

In case you are not aware, as I was not, about a relatively new law in VA, I
wanted to give all of you a heads up because of a traffic citation I
received Sunday morning. As I was traveling in the right lane on the Dulles
Toll Rd to the airport, I came upon a stopped state trooper on the right
shoulder who had stopped a vehicle; he was pulled all the way over on
shoulder. I was driving the speed limit and remained in my lane and even
slowed down; there was a speeding car that passed in the left lane, thus I
stayed in my lane. The next thing I know, the trooper is behind us with his
lights flashing and I thought he was going to go after the speeding car, but
instead he pulled me over.

The first thing the officer said was that I was not speeding, but the reason
he pulled me over was because I was supposed to move over to the left lane
prior to passing a stopped emergency vehicle. I told him I wasn't aware of
the law and he said he had just gotten hit the previous day by someone who
hadn't moved over. I thought he would give me a warning since I wasn't
aware of the law and was driving responsibly but he gave me a summons where
I have to appear in court. This is a class 1 misdemeanor violation which can

result up to $2500 in fines and up to 1 year in jail. I've included links
regarding the law, which of course I found after the fact, so you are all
aware.

http://www.vsp.state.va.us/SlowDownMoveOver_VAcode.shtm http://www.vsp.state.va.us/SlowDownMoveOver_VAcode.shtm

http://www.thenewspaper.com/news/20/2032.asp http://www.thenewspaper.com/news/20/2032.asp

http://www.carinsurance.com/kb/emailarticle.aspx?id=35685 http://www.carinsurance.com/kb/emailarticle.aspx?id=35685

§ 46.2-921.1. Drivers to yield right-of-way or reduce speed when approaching stationary emergency vehicles on highways; penalties.

The driver of any motor vehicle, upon approaching a stationary emergency vehicle, as defined in § 46.2-920, that is displaying a flashing, blinking, or alternating emergency light or lights as provided in §§ 46.2-1022, 46.2-1023, and 46.2-1024, 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 that occupied by the stationary emergency vehicle or (ii) if changing lanes would be unreasonable or unsafe, proceed with due caution and maintain a safe speed for highway conditions.

Make sure you get a lawyer. If there was someone in the left lane who was speeding, then it was unsafe to switch lanes.

Re: Blah


He already convicted himself by the statement "I told him I wasn't aware of
the law ".


Don't open your mouth next time. Accept the summons and go to court if worthwhile.

It's a prudent thing to do, and I've always done it myself long before I heard anything about a law. A Class 1 misdemeanor seems way over the top though, especially since so many people are unaware of the law.

I've always been puzzled by the perjorative term "rubberneckers" for people who slow down going past an accident. I've always slowed down (or moved over as appropriate) simply because I don't want to run anyone over.

Just to clarify, I haven't gotten pulled over for this. Just received the email today from a co-worker and figured I would share the information for anyone not aware of this. Thank you all for your responses. Like the name says, I'm just a friendly poster informing the public through this message board. Hope everyone has a great, safe night.

I received this same message via e-mail this morning from someone
in Leonardtown, Md. Sounds like "urban legend" material to me.
Pull over anyway.

This seems like the stupidest law in existence and it's a misdemeanor??? I understand the intent obviously but how many accidents will now be caused by people slamming on their brakes in the slow lane or quickly merging/swerving into the adjacent lane to avoid this? This law is a freebie to any cop to pull over 95% of traffic that passes them on the side of the road and generate revenue. It makes sense now why I've seen cruisers on the side of the road by themselves with their lights on seemingly doing nothing.

SameOleSameOle Wrote:
-------------------------------------------------------
> I received this same message via e-mail this
> morning from someone
> in Leonardtown, Md. Sounds like "urban legend"
> material to me.
> Pull over anyway.


119 citaitons

http://www.fairfaxunderground.com/cgi-bin/arrestsearch.cgi?field1=&field2=&field3=&field4=&field5=&field6=&field7=&field8=&field9=&field10=&field11=yield+emergency&submit=search

Mofo Wrote:
-------------------------------------------------------

> 119 citaitons
>
> http://www.fairfaxunderground.com/cgi-bin/arrestse
> arch.cgi?field1=&field2=&field3=&field4=&field5=&f
> ield6=&field7=&field8=&field9=&field10=&field11=yi
> eld+emergency&submit=search


Wow. 119 whole citations in a county the size of Fairfax since the law went into effect way back in 2002? Yep, it's definitely for the "revenue." Your own findings seem to disprove your contention.

not a lawyer, but... Wrote:
-------------------------------------------------------
> Re: Blah
>
>
> He already convicted himself by the statement "I
> told him I wasn't aware of
> the law ".
>
>
> Don't open your mouth next time. Accept the
> summons and go to court if worthwhile.

Maybe you shouldn't open your mouth next time, dontchya think?

Just like ignorance of the law doesn't exempt you from the law, ignorance of the law doesn't make you guilty, either.

You can still "proceed with due caution and maintain a safe speed for highway conditions" even if you didn't know there was a law that required you to do it.

I'm sure there are a lot of laws I am not fully aware of that I am not guilty of violating. I'm sure you are, too. Did you know it is illegal, when driving in the left lane of a divided highway (that means any roadway with a median, barrier, curb or guardrail separating the opposing lanes of travel, including 123 in most parts, and 29 and 50), to not yield the right of way to overtaking cars who either honk or flash their lights? I'm sure you don't do that, but did you know it wasn't just a courtesy, it was actually a law? http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-842.1

WS Wrote:
-------------------------------------------------------
> Mofo Wrote:
> --------------------------------------------------
> -----
>
> > 119 citaitons
> >
> >
> http://www.fairfaxunderground.com/cgi-bin/arrestse
>
> >
> arch.cgi?field1=&field2=&field3=&field4=&field5=&f
>
> >
> ield6=&field7=&field8=&field9=&field10=&field11=yi
>
> > eld+emergency&submit=search
>
>
> Wow. 119 whole citations in a county the size of
> Fairfax since the law went into effect way back in
> 2002? Yep, it's definitely for the "revenue."
> Your own findings seem to disprove your
> contention.

All that proves is that it isn't a very common infraction.

But, I would say that those 119 citations were probably more about cops feeling personally threatened. I have noticed that a very large number of drivers in this area get disoriented by flashing lights, and tend to do stupid things whenever a patrol car with flashing lights is around.

But that doesn't justify going after every car that doesn't immediately swerve over 1, 2 or more lanes to give a wide berth to the cop. I can drive 55 mph through the smart tag lanes at the main toll plaza on Dulles, without a problem, because I can maintain control of my car. I can also drive past a stopped vehicle without crashing into it.

Anyone who thinks you really need to be a lane away from a stopped vehicle on the shoulder should try driving up 29th st from M st in Georgetown during evening rush hour. Everyone drives 25 to 35 mph with cars parked on both sides, and oncoming traffic with only 8 to 12 inches between side view mirrors.

Wasn't the "move over" law passed very recently in response to a rash of police cars being hit on the shoulder?

Those 119 tickets for failing to yield to an emergency vehicle must be the old fashioned type...for not pulling over when an emergency vehicle with lights and siren is trying to get by you.

WS Wrote:
-------------------------------------------------------
> Mofo Wrote:
> --------------------------------------------------
> -----
>
> > 119 citaitons
> >
> >
> http://www.fairfaxunderground.com/cgi-bin/arrestse
>
> >
> arch.cgi?field1=&field2=&field3=&field4=&field5=&f
>
> >
> ield6=&field7=&field8=&field9=&field10=&field11=yi
>
> > eld+emergency&submit=search
>
>
> Wow. 119 whole citations in a county the size of
> Fairfax since the law went into effect way back in
> 2002? Yep, it's definitely for the "revenue."
> Your own findings seem to disprove your
> contention.

I was simply responding to the poster that said he thought it was an urban legend.

tubby Wrote:
-------------------------------------------------------
> Wasn't the "move over" law passed very recently in
> response to a rash of police cars being hit on the
> shoulder?
>
> Those 119 tickets for failing to yield to an
> emergency vehicle must be the old fashioned
> type...for not pulling over when an emergency
> vehicle with lights and siren is trying to get by
> you.


The law went into effect in 2002.

Mofo Wrote:
-------------------------------------------------------

> I was simply responding to the poster that said he
> thought it was an urban legend.

OK. But you also stated "this law is a freebie to any cop to pull over 95% of traffic that passes them on the side of the road and generate revenue. It makes sense now why I've seen cruisers on the side of the road by themselves with their lights on seemingly doing nothing."

My response to you was that with only 119 charges since the law went into effect in 2002 the "revenue" aspect is highly debatable.

I see people drive too close to emergency vehicles on the shoulder almost daily when they could have simply moved over a lane when it was available. There are really no good excuses for not moving over when it is possible to do so and I believe it's common courtesy and common sense. I think the law is in place for their safety and I don't think revenue has anything to do with it.