Va. Code » Title 46.2. Motor Vehicles » Subtitle III. Operation » Chapter 8. Regulation of Traffic » Article 16. Pedestrians
Virginia Code

Va. Code Ann. § 46.2-928 (2026)

Pedestrians not to use roadway except when necessary; keeping to left

✓ current as of May 2026
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Pedestrians shall not use the roadways for travel, except when necessary to do so because of the absence of sidewalks which are reasonably suitable and passable for their use. If they walk on the hard surface, or the main travelled portion of the roadway, they shall keep to the extreme left side or edge thereof, or where the shoulders of the highway are of sufficient width to permit, they may walk on either shoulder thereof. Pedestrians walking on a roadway shall face oncoming traffic.

However, when walking on a roadway that is part of a highway divided by a physical barrier or barriers or an unpaved area, and when there are no shoulders of the highway present, pedestrians may keep to the extreme right side or edge of the roadway, regardless of the direction of traffic they face.

Code 1950, § 46-247; 1950, p. 850; 1958, c. 541, § 46.1-234; 1968, c. 165; 1989, c. 727; 2026, c. 431.

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1995–2025 · leading case: Davis v. Commonwealth, 570 S.E.2d 875 (Va. Ct. App. 2002).
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Davis v. Commonwealth, 570 S.E.2d 875 (Va. Ct. App. 2002). · cites it 2× “He told Davis he wanted to speak with him and planned to issue him a summons for a violation of Code § 46.2-928. Davis “took off running.”
Clohessy v. Weiler, 462 S.E.2d 94 (Va. 1995). · cites it 6× “Since there were no sidewalks on Tether Keep, and debris had been left on the west side of the street on previous occasions when they had walked on Tether Keep, the Weilers walked on the east side of the street with their backs toward approaching traffic rather than on the west…”
United States v. Davis, 692 F. Supp. 2d 594 (E.D. Va. 2010). · cites it 12× “If they walk on the hard surface, or the main traveled portion of the roadway, they shall keep to the extreme left side or edge thereof, or where the shoulders of the highway are of sufficient width to permit, they may walk on either shoulder thereof.”
Stout v. Jeffries (E.D. Va. 2024). · cites it 9× “) The video evidence establishes that the deputies had probable cause to detain and arrest Stout for walking in a roadway, in violation of Virginia Code Section 46.2-928. Because the deputies had probable cause, none of Stout’s claims can proceed.”
Yates v. Norwood, 841 F. Supp. 2d 934 (E.D. Va. 2012). · cites it 3× “At their respective depositions, both Major Shamus and Sergeant Ward testified that, because Virginia law prohibits individuals from traveling in the center of public roadways, see Va.Code § 46.2-928, applicants seeking to march in the city streets are denied permits unless they…”
Harold Turnbull, s/k/a Harold C. Turnbull v. Cnty. of Spotsylvania (Va. Ct. App. 2012). · cites it 9× “The statement of facts merely recites in footnotes that “[t]he summons in this case makes reference to Spotsylvania County Code § 12-2, but also contains reference to Va. Code § 46.2-928. However, the box for a violation of county law section is checked.”
Anthony Jerry Fields, s/k/a Anthony Jerry Fields, Sr. v. Commonwealth of Virginia (Va. Ct. App. 2010). · cites it 6× “If they walk on the hard surface, or the main travelled portion of the roadway, they shall keep to the extreme left side or edge thereof, or where the shoulders of the highway are of sufficient width to permit, they may walk on either shoulder thereof.”
Darnell Anthony Davis v. Commonwealth of Virginia (Va. Ct. App. 2025). · cites it 2× “Nobles saw Davis, who matched the description of the driver involved in the crash, walking in the middle of a lane of travel on Route 3 as a marked police cruiser followed him with its emergency lights activated. Consequently, Deputy Nobles had reasonable, articulable suspicion…”
Darnell Anthony Davis v. Commonwealth of Virginia (Va. Ct. App. 2025). · cites it 2× “Nobles saw Davis, who matched the description of the driver involved in the crash, walking in the middle of a lane of travel on Route 3 as a marked police cruiser followed him with its emergency lights activated. Consequently, Deputy Nobles had reasonable, articulable suspicion…”
Randolph Beale, Jr, etc. v. Commonwealth (Va. Ct. App. 1997). “Code § 46.2-928. Beale turned and began to walk away, but Coerse grabbed the back of his shorts.”
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