JURISDICTION: VIRGINIA
This chapter summarizes Virginia State statutes related to speed.
General Reference: Code of Virginia Annotated and Virginia
Administrative Code (VAC)
Basis for a Speed Law Violation:
Basic Speed Rule: A person cannot drive so as to exceed a
reasonable speed under the circumstances and traffic conditions
existing at the time, regardless of any posted speed limit.(1) §46.2-861
Statutory Speed Limit: 65 MPH on rural interstate highways and certain highways constructed
See Other below. by the Virginia Highway Corporation §46.2-870 (¶3)
55 MPH on other interstate highways, limited access highways with divided roadways, nonlimited access highways with 4 or more lanes and all State primary highways §46.2-870 (¶1)
55 MPH on all other highways for passenger motor vehicles, busses, pickup or panel trucks or motorcycles §46.2-870 (¶2)
45 MPH on all other highways for trucks, tractor trucks, a combination of vehicles designed to transport property or a vehicle which is towing either another motor vehicle or a house trailer §46.2-870 (¶2)
35 MPH on highways within a city or town excluding interstate
or other limited access divided highways §46.2-875
Posted (Maximum) Speed Limit: I. Based on traffic engineering investigations, the Commonwealth Transportation Commission or other authority may increase or decrease the maximum speed limits on any highway under its jurisdiction.(2) §46.2-878
II. Based on an investigation, the Commonwealth Transportation
Commission may establish a safe maximum speed limit for public
bridges, causeways, viaducts or tunnels. §46.2-881
Minimum Speed Limit: No person shall drive a motor vehicle at
such a slow speed as to impede the normal and reasonable movement
of traffic. §46.2-877 (¶1)
Posted (Minimum) Speed Limit: Based on engineering and traffic
investigations, either the State or a local government may
establish a minimum speed for a highway. §46.2-877 (¶2)
Other: I. A school bus cannot be driven >55 MPH on interstate highways or >45 MPH on other highways. In additions, such a vehicle cannot be driven >35 MPH when taking on or discharging children between the first and last stop (not including the school). §46.2-871
II. Vehicles operating under a special permit issued by the Commonwealth Transportation Commissioner under §46.2-1139 cannot be driven >10 MPH. §46.2-872
III. The maximum speed limit in a school zone is 20 MPH. §46.2-873
IV. Special speed limits may be established for highway work
zones. §46.2-878.1
Basis for a Speed Law Violation: (continued)
Other: (continued) V. The maximum speed for passenger vehicles, that are towing utility, camping or boat trailers having gross weight of 2,500 lbs., shall be the same as for other passenger vehicles. §46.2-876
VI. Special speed limits may be established for highway work
zones when worker are present. §46.2-878.1
Adjudication of Speed Law Violations:
Civil/Criminal Adjudication of Violation: A Violation of the Basic Speed Rule is a Class 1 Misdemeanor. §§46.2-861 & 46.2-868 All Other Speed Law Violations are Traffic Infractions. §§46.2-113, 46.2-878.1 & 46.2-878.2
Other:
Sanctions Following an Adjudication of a Speed Law
Violation:
Criminal Sanctions:
Imprisonment:
Term (Day, Month, Years,
Etc.): Class 1 Misdemeanor-Not more than 12 months §18.2-11(a)
Traffic Infraction-None
Mandatory Minimum Term: None
Fine:
Amount ($ Range): Class 1 Misdemeanor-Not more than $2,500 §18.2-11(a)
Traffic Infraction-Not more than $200(3) §§46.2-113 & 46.2-878.2(4)
Mandatory Min. Fine ($): None
Other Penalties:
Traffic School: The court or licensing agency may order an offender to attend a Driver Improvement Clinic. §§46.2-498 & 46.2-505
Other:
Licensing Action:
Type of Licensing Action
(Susp/Rev): I. Class 1 Misdemeanor Offense-Suspension §46.2-392 (¶1)
II. Suspension via a Point System(5) §§46.2-492 et seq.
Sanctions Following an Adjudication of a Speed Law Violation:
(continued)
Term of License Withdrawal
(Days, Months, Years, etc.): I. Class 1 Misdemeanor Offense-10 days to 6 months §46.2-392 (¶1)
II. Suspension via a Point System-90 days or until the offender completes a driver improvement clinic §§46.2-506 (B)
Mandatory Minimum Term of
Withdrawal: I. Class 1 Misdemeanor Offense-None §46.2-392 (¶1) Note: This court action is discretionary. In addition, if the court orders suspension, it may, nevertheless, issue an offender restricted driving privileges for employment, educational or medical purposes. §46.2-392 (¶3)
II. Suspension via a Point System-90 days
or until the offender completes a driver improvement clinic
§§46.2-506(B) Note: This licensing action appears to be
mandatory.
Miscellaneous Sanctions
Not Included Elsewhere:
Other Criminal Actions Related to Speeding:
Racing on Highway(6): Class 1 Misdemeanor §§46.2-865 & 46.2-868
Sanctions:
Criminal Sanction:
Imprisonment (Term): Not more than 12 months §18.2-11(a)
Mandatory Minimum Term: None
Fine ($ Range): Not more than $2,500 §18.2-11(a)
Mandatory Minimum Fine: None
Administrative Licensing Action:
Licensing Authorized and
Type of Action: 1st, 2nd & 3rd offense-Suspension §46.2-865 4th offense-Revocation §46.2-394
Length of Term of
Licensing Withdrawal: Suspension-6 months to 2 years §46.2-865 Revocation-5 years §46.2-394
Mandatory Action--Minimum
Length of License
Withdrawal: Suspension-6 months
§46.2-865 Revocation-5 years §46.2-394
Note: These licensing actions appears to be mandatory.
Other: I. If the offense occurred as a result of a race that was prearranged, organized or planned, the vehicle used and owned by an offender must be forfeited to the State. §46.2-867
II. The court or licensing agency may order an offender to attend a Driver Improvement Clinic. §§46.2-498 & 46.2-505
III. An offender also accumulates points for this offense.4
Other Criminal Actions Related to Speeding:
(continued)
Exceeding the Speed Limit(7): Class 1 Misdemeanor §§46.2-862 & 46.2-868
Sanctions:
Criminal Sanction:
Imprisonment (Term): Not more than 12 months §18.2-11(a)
Mandatory Minimum Term: None
Fine ($ Range): Not more than $2,500 §18.2-11(a)
Mandatory Minimum Fine: None
Administrative Licensing Action:
Licensing Authorized and
Type of Action: I. Suspension via Court Order §46.2-393
II. Suspension via a Point System5 §§46.2-492 et seq.
Length of Term of
Licensing Withdrawal: I. Suspension via Court Order-60 days to 6 months §46.2-393
II. Suspension via a Point System-90 days or until the offender completes a driver improvement clinic §§46.2-506 (B)
Mandatory Action--Minimum
Length of License
Withdrawal: I. Suspension via Court Order-None Note: This licensing action is discretionary with the court.
II. Suspension via a Point System-90 days
or until the offender completes a driver improvement clinic
§§46.2-506(B) Note: This licensing action appears to be
mandatory.
Other: The court or licensing agency may order an offender to
attend a Driver Improvement Clinic. §§46.2-498 & 46.2-505
Reckless Driving(8): Class 1 Misdemeanor §§46.2-852, 46.2-864(9) & 46.2-868
Sanction:
Criminal:
Imprisonment (Term): Not more than 12 months §18.2-11(a)
Mandatory Minimum Term
of Imprisonment: None
Fine ($ Range): Not more than $2,500 §18.2-11(a)
Mandatory Minimum Fine: None
Other Criminal Actions Related to Speeding:
(continued)
Reckless Driving: (continued)
Administrative Licensing Actions:
Type of Licensing Action
(Susp/Rev): I. Suspension via Court Order §46.2-392 (¶1)
II. Suspension via a Point System5 §§46.2-492 et seq.
Length of Term of License
Withdrawal Action: I. Suspension via Court Order-10 days to 6 months(10) §46.2-392 (¶1)
II. Suspension via a Point System-90 days or until the offender completes a driver improvement clinic §§46.2-506 (B)
Mandatory Term of License
Withdrawal Action: I. Suspension via Court Order-None Note: This court action is discretionary. In addition, if the court orders suspension, it may, nevertheless, issue an offender restricted driving privileges for employment, educational or medical purposes. §46.2-392 (¶3)
II. Suspension via a Point System-90 days
or until the offender completes a driver improvement clinic
§§46.2-506(B) Note: This licensing action appears to be
mandatory.
Other: I. If the offender has caused the death of another person, the discretionary suspension period is not more than 12 months. §46.2-396
II. The court or licensing agency may order an offender to
attend a Driver Improvement Clinic. §§46.2-498 & 46.2-505
Improper Driving(11): Traffic Infraction §46.2-869
Sanction:
Criminal:
Imprisonment (Term): None
Mandatory Minimum Term
of Imprisonment:
Fine ($ Range): Not more than $500 §46.2-869
Mandatory Minimum Fine: None
Administrative Licensing Actions:
Type of Licensing Action
(Susp/Rev): Suspension via a Point System5 §§46.2-492 et seq. Length of Term of License
Length of Term of License
Withdrawal Action: Suspension via a Point System-90
days or until the offender completes a driver
improvement clinic §§46.2-506 (B)
Other Criminal Actions Related to Speeding:
(continued)
Improper Driving: (continued)
Mandatory Term of License
Withdrawal Action: Suspension via a Point System-90
days or until the offender completes a driver
improvement clinic §§46.2-506(B) Note: This licensing action
appears to be mandatory.
Other: The court or licensing agency may order an offender to
attend a Driver Improvement Clinic. §§46.2-498 & 46.2-505
Commercial Motor Vehicle (CMV) Operators(12):
Grounds for Disqualification: A person is disqualified
from operating a CMV if while driving such a vehicle they either
(1) commit 2 "serious traffic violations"(13) within a 3 year period or (2)
commit 3 such violations within a 3 year period. §46.2-341.20(B)
Period of Disqualification: 2 serious violations
(within 3 years)-60 days 3 serious violations
(within 3 years)-120 days §46.2-341.20(B)
Period of Mandatory Disqualification: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days §46.2-341.20(B)
1. 1Driving too fast for conditions is a reckless driving offense. §46.2-861
2. 2The Commonwealth Transportation Commissioner may establish different speed limits for different time of the day. §46.2-878 However, Virginia law does not specifically state whether different speed limits may be established for different types of vehicles or for various weather conditions.
3. 3The fine for exceeding the maximum posted speed limit in a work zone is not more than $250. §46.2-878.1
4. 4Sec. 46.2-878.2 makes it a traffic infraction with fine of not more than $200 to exceed the maximum posted speed limit on a highway in a residential district.
5. 5Point System. I. An offender's license is subject to suspension if they accumulate 18 points within 12 months or 24 points within 24 months. §46.2-506 II. The following points have been assigned to speeding and speed related offenses: Reckless driving-6 points; speeding 20 MPH above the speed limit-6 points; racing on the highway-6 points; speeding 10 to 19 MPH above the speed limit-4 points; exceeding a reasonable speed-3 points; improper driving-3 points; speeding 1 to 9 MPH above the speed limit-3 points; and, impeding traffic-3 points. §46.2-492 and Title 24 VAC 20-30-40 (Rule 3.1), 20-30-50 (Rule 3.2) & 20-30-60 (Rule 3.3)
6. 6Racing on the highways is a reckless driving offense. §46.2-865
7. 7"Exceeding the speed limit" offense is a reckless driving offense and is defined to mean driving either (1) 20 MPH over the maximum posted speed limit of 30 MPH; (2) 60 MPH over the maximum posted speed limit of 35 MPH; (3) 20 MPH over the maximum posted speed limit of 40 MPH; or, (4) 80 MPH regardless of the maximum posted speed limit. §46.2-862
8. 8In this State, "reckless driving" is defined as driving "a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person." §46.2-852 Important. Under Virginia law, the term "reckless driving offense" also includes numerous moving violations.
9. 9Under §46.2-864, a person commits a reckless driving offense if they operate a "motor vehicle at a speed or in a manner so as to endanger the life, limb, or property of any person" on a church, school, recreational facility, business property open to the public or the public parking space of an industrial establishment.
10. 10For a violation of §46.2-864, the discretionary suspension period is 60 days to 6 months. §46.2-393
11. 11The court may reduce any reckless driving offense to improper driving if "the degree of culpability is slight." §46.2-869 Important. Under Virginia law, "improper driving" is not a defined crime. As such, law enforcement offices do not charge a person with this offense. Instead, a driver is normally charged with an offense which has been "labeled" as "reckless driving" and, if the circumstances warrant, the court reduces such charge to "improper driving" for sentencing purposes.
12. 12A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. §46.2-341.4
13. 13A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §46.2-341.20(A)(1) & (2)