Va. Code » Title 46.2. Motor Vehicles » Subtitle III. Operation » Chapter 8. Regulation of Traffic » Article 4. Passing
Virginia Code

Va. Code Ann. § 46.2-841 (2026)

When overtaking vehicle may pass on right

✓ laws through the 2026 session (checked Sept. 2026)
Find cases: SyfertCases citing this section VA-LISlaw.lis.virginia.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

A. The driver of a vehicle may overtake and pass to the right of another vehicle only:

1. When the overtaken vehicle is making or about to make a left turn, and its driver has given the required signal;

2. On a highway with unobstructed pavement, not occupied by parked vehicles, of sufficient width for two or more lines of moving vehicles in each direction;

3. On a one-way street or on any one-way roadway when the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.

B. The driver of a vehicle may overtake and pass another vehicle on the right only under conditions permitting such movement in safety. Except where driving on paved shoulders is permitted by lawfully placed signs, no such movement shall be made by driving on the shoulder of the highway or off the pavement or main traveled portion of the roadway.

C. Notwithstanding subsections A and B, nothing in this section shall permit a driver of a motor vehicle to cross a solid line designating a bicycle lane to pass or attempt to pass another vehicle, except as provided in § 46.2-920.1, 46.2-1210, or 46.2-1212.1, as directed by a law-enforcement officer, or where the roadway is otherwise impassable due to weather conditions, an accident, or an emergency situation.

Code 1950, § 46-226; 1952, c. 666; 1958, c. 541, § 46.1-210; 1985, c. 481; 1989, c. 727; 2020, c. 1259.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1990–2023 · leading case: Cofield v. Nuckles, 387 S.E.2d 493 (Va. 1990).
Sort: Relevance Newest Treatment
Cofield v. Nuckles, 387 S.E.2d 493 (Va. 1990). · cites it 4× “1-210 has been recodified in Code § 46.2-841.”
Victor Clay Barringer v. Commonwealth of Virginia, No. 0235173 (Va. Ct. App. Feb. 27, 2018). · cites it 8× “” The Commonwealth suggests that appellant’s actions in this case were more egregious than mere improper passing because he was driving on the emergency shoulder.”
Gregory Shawn Mercer v. Commonwealth of Virginia, No. 1193214 (Va. Ct. App. Mar. 28, 2023). · cites it 2× “Therefore, the court convicted him for failure to “pay full time and attention” in violation of Fairfax County Code § 82-4-24, an infraction which would not impact the points on his 1 Fairfax County Code § 82-1-6 incorporates by reference certain portions of the Code of…”
Va. Code Ann. § 46.2-841(B): 1 case
Victor Clay Barringer v. Commonwealth of Virginia, No. 0235173 (Va. Ct. App. Feb. 27, 2018). “” The Commonwealth suggests that appellant’s actions in this case were more egregious than mere improper passing because he was driving on the emergency shoulder.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.