Virginia Code
Va. Code Ann. § 46.2-842.1 (2026)
Drivers to give way to certain overtaking vehicles on divided highways
✓ current as of May 2026
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It shall be unlawful to fail to give way to overtaking traffic when driving a motor vehicle to the left and abreast of another motor vehicle on a divided highway. The driver of the overtaken vehicle shall move to the right to allow the overtaking vehicle to pass as soon as the overtaken vehicle can safely do so. A violation of this section shall not be construed as negligence per se in any civil action.
1989, c. 708, § 46.1-211.1; 2020, c. 815.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2021–2021 · leading case: Hudson v. Freivald (W.D. Va. 2021).
Hudson v. Freivald (W.D. Va. 2021). “” Va. Code Ann. § 46.2-842.1 (2016).5 As indicated above, the record contains conflicting versions of what transpired on Route 29 prior to the traffic stop.”
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