2006 Code of Virginia § 46.2-920 - Certain vehicles exempt from regulations in certain situations; exceptions and additional requireme...

46.2-920. Certain vehicles exempt from regulations in certain situations;exceptions and additional requirements.

A. The driver of any emergency vehicle, when such vehicle is being used inthe performance of public services, and when such vehicle is operated underemergency conditions, may, without subjecting himself to criminal prosecution:

1. Disregard speed limits, while having due regard for safety of persons andproperty;

2. Proceed past any steady or flashing red signal, traffic light, stop sign,or device indicating moving traffic shall stop if the speed of the vehicle issufficiently reduced to enable it to pass a signal, traffic light, or devicewith due regard to the safety of persons and property;

3. Park or stop notwithstanding the other provisions of this chapter;

4. Disregard regulations governing a direction of movement of vehiclesturning in specified directions so long as the operator does not endangerlife or property;

5. Pass or overtake, with due regard to the safety of persons and property,another vehicle at any intersection;

6. Pass or overtake with due regard to the safety of persons and property,while en route to an emergency, stopped or slow-moving vehicles, by going tothe left of the stopped or slow-moving vehicle either in a no-passing zone orby crossing the highway centerline; or

7. Pass or overtake with due regard to the safety of persons and property,while en route to an emergency, stopped or slow-moving vehicles, by going offthe paved or main traveled portion of the roadway on the right.Notwithstanding other provisions of this section, vehicles exempted in thisinstance will not be required to sound a siren or any device to giveautomatically intermittent signals.

B. The exemptions granted to emergency vehicles by subsection A of thissection shall apply only when the operator of such vehicle displays aflashing, blinking, or alternating emergency light or lights as provided in 46.2-1022 and 46.2-1023 and sounds a siren, exhaust whistle, or air horndesigned to give automatically intermittent signals, as may be reasonablynecessary, and, only when there is in force and effect for such vehicleeither (i) standard motor vehicle liability insurance covering injury ordeath to any person in the sum of at least $100,000 because of bodily injuryto or death of one person in any one accident and, subject to the limit forone person, to a limit of $300,000 because of bodily injury to or death oftwo or more persons in any one accident, and to a limit of $20,000 because ofinjury to or destruction of property of others in any one accident or (ii) acertificate of self-insurance issued pursuant to 46.2-368. Such exemptionsshall not, however, protect the operator of any such vehicle from criminalprosecution for conduct constituting reckless disregard of the safety ofpersons and property. Nothing in this section shall release the operator ofany such vehicle from civil liability for failure to use reasonable care insuch operation.

C. For the purposes of this section, the term "emergency vehicle" shallmean:

1. Any law-enforcement vehicle operated by or under the direction of afederal, state, or local law-enforcement officer (i) in the chase orapprehension of violators of the law or persons charged with or suspected ofany such violation or (ii) in response to an emergency call;

2. Any regional detention center vehicle operated by or under the directionof a correctional officer responding to an emergency call or operating in anemergency situation;

3. Any vehicle used to fight fire, including publicly owned state forestwarden vehicles, when traveling in response to a fire alarm or emergency call;

4. Any ambulance, rescue, or life-saving vehicle designed or used for theprincipal purpose of supplying resuscitation or emergency relief where humanlife is endangered;

5. Any Department of Emergency Management vehicle or Office of EmergencyMedical Services vehicle, when responding to an emergency call or operatingin an emergency situation;

6. Any Department of Corrections vehicle designated by the Director of theDepartment of Corrections, when (i) responding to an emergency call at acorrectional facility, (ii) participating in a drug-related investigation,(iii) pursuing escapees from a correctional facility, or (iv) responding to arequest for assistance from a law-enforcement officer; and

7. Any vehicle authorized to be equipped with alternating, blinking, orflashing red or red and white secondary warning lights under the provisionsof 46.2-1029.2.

D. Any law-enforcement vehicle operated by or under the direction of afederal, state, or local law-enforcement officer may disregard speed limits,while having due regard for safety of persons and property, (i) in testingthe accuracy of speedometers of such vehicles, (ii) in testing the accuracyof speed measuring devices specified in 46.2-882, or (iii) in followinganother vehicle for the purpose of determining its speed.

E. A Department of Environmental Quality vehicle, while en route to anemergency and with due regard to the safety of persons and property, mayovertake and pass stopped or slow-moving vehicles by going off the paved ormain traveled portion of the highway on the right or on the left. TheseDepartment of Environmental Quality vehicles shall not be required to sound asiren or any device to give automatically intermittent signals, but shalldisplay red or red and white warning lights when performing such maneuvers.

(Code 1950, 46-241.1; 1954, c. 356; 1956, c. 192; 1958, c. 541, 46.1-226;1966, cc. 350, 699; 1968, c. 89; 1974, c. 365; 1976, c. 24; 1977, c. 549;1980, cc. 30, 354; 1981, c. 395; 1984, c. 539; 1985, cc. 209, 462; 1989, c.727; 1992, cc. 33, 96; 1994, c. 69; 1995, c. 92; 2000, c. 120; 2002, c. 134;2003, c. 115; 2005, c. 583.)