Huff Law Blogs
Reckless Driving By Passing At A Railroad Crossing, Intersection, Or Pedestrian Crossing In Virginia
Reckless Driving By Passing At A Railroad Crossing, Intersection, Or Pedestrian Crossing In Virginia
27 January 2021

Reckless Driving By Passing At A Railroad Crossing, Intersection, Or Pedestrian Crossing in Virginia is punished under Virginia Code §46.2-858. That law states:

Va Code §46.2-858. Passing at a railroad grade crossing.

A person shall be guilty of reckless driving who overtakes or passes any other vehicle proceeding in the same direction at any railroad grade crossing or at any intersection of highways unless such vehicles are being operated on a highway having two or more designated lanes of roadway for each direction of travel or unless such intersection is designated and marked as a passing zone or on a designated one-way street or highway, or while pedestrians are passing or about to pass in front of either of such vehicles unless permitted so to do by a traffic light or law-enforcement officer.

Under this law, the police officer must be able to prove that you — while driving on a two-way road with one lane going in each direction — passed another vehicle driving in the same direction as yourself at a railroad crossing or roadway intersection; or that you passed another vehicle while pedestrians were passing or about to pass in front of your vehicle or the other vehicle. This law punishes you for passing another vehicle at a railroad crossing or roadway intersection by driving on the shoulder or in the oncoming traffic lane, and for endangering pedestrians. If you are passing at a railroad crossing or roadway intersection, this law does not apply to you if you are driving on a one-way road or a two-way road with two or more lanes going in each direction.

For example, it is considered Reckless Driving By Passing At A Railroad Crossing, Intersection, Or Pedestrian Crossing in Virginia if you — while on a two-way road with one lane going in each direction — drive in the oncoming traffic lane in order to pass another vehicle driving in the same direction as yourself while at a railroad crossing.

By Michael Huff, Esq.