When does Virginia's reckless driving law prohibit passing two cars at once on a two-lane road?

Plain-English summary

Senator Edward Houck asked the AG to explain how § 46.2-856 actually works in practice. The statute makes it reckless driving (a Class 1 misdemeanor) to pass or attempt to pass "two other vehicles abreast, moving in the same direction," except on highways with three or more lanes per direction or on designated one-way streets.

AG Cuccinelli broke the rule into three elements. First, the driver must be passing or attempting to pass: moving past another vehicle going the same direction. Second, the two vehicles overtaken must be "abreast," which in the AG's reading means side by side in two different lanes, not single file in one lane. Third, the two vehicles must be going the same direction as the passing driver.

The opinion explained the safety logic. Passing into a lane used by oncoming traffic is always risky. Passing two vehicles abreast multiplies the risk because either of the two could swerve into the lane the passer expects to use to complete the maneuver, leaving the passer trapped in oncoming traffic. The two exceptions reflect the safety logic. On a three-or-more-lane-each-way highway, the passer can stay on his side and never enter oncoming traffic. On a one-way street, there is no oncoming traffic to begin with.

So the everyday rule: on a two-lane road or a four-lane road (two lanes each way), do not try to overtake two cars that are riding side by side in the two lanes ahead of you, even if traffic on the other side is clear at the moment.

Currency note

This opinion was issued in 2010. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: What if the two vehicles are in single file in one lane?
A: That is not "abreast" under the AG's reading. The statute targets vehicles side by side in two different lanes.

Q: How many lanes does it take to escape the rule?
A: Three or more lanes for each direction of travel. A four-lane highway (two each way) is still covered.

Q: Does it matter if oncoming traffic is clear?
A: Under the AG's reading, no. The statute prohibits the act of passing two vehicles abreast, regardless of how clear the oncoming side appears at the moment of attempt.

Q: What is the penalty for reckless driving in Virginia?
A: Reckless driving under § 46.2-856 is a Class 1 misdemeanor in Virginia, with potential jail time, a fine, and license points. The opinion did not address penalties; the practical consequences come from the misdemeanor classification elsewhere in Title 46.2.

Background and statutory framework

Section 46.2-856 is part of Virginia's reckless driving chapter. The AG applied straightforward statutory construction: "we are 'bound by the plain meaning of the words used,' 'unless a literal interpretation would result in a manifest absurdity'" (Dowling v. Rowan, quoting Horner v. Dep't of Mental Health). Dictionary definitions of "pass" ("to move past another vehicle going in the same direction: overtake") and "abreast" ("beside one another with bodies in line") drove the breakdown.

The statute does not require proof that the passing was actually unsafe in the moment, only that the conduct fell within the elements: two vehicles abreast, same direction, road with fewer than three lanes each way, not a one-way street.

Citations

• Va. Code Ann. § 46.2-856 (reckless driving by passing two abreast)
• Dowling v. Rowan, 270 Va. 510 (2005) (plain meaning canon)
• Horner v. Dep't of Mental Health, 268 Va. 187 (2004) (same)

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/Opinions/2010/10-033_Houck.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain, the linked PDF is authoritative.

COMMONWEALTH OF VIRGINIA
Office of the Attorney General
Kenneth T. Cuccinelli, II

900 East Main Street
Richmond, Virginia 23219
804-786-2071

Attorney General

May 20, 2010

The Honorable R. Edward Houck
Member, Senate of Virginia
P.O. Box 7
Spotsylvania, Virginia 22553

Dear Senator Houck:

I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of the Code of Virginia.

Issue Presented

You ask about the practical meaning of § 46.2-856, which prohibits passing or attempting to pass two other vehicles abreast, moving in the same direction.

Response

It is my opinion that § 46.2-856 prohibits the passing or overtaking of two vehicles traveling "abreast," i.e. side by side, unless one of the exceptions applies.

Applicable Law and Discussion

Section 46.2-856 provides, in pertinent part, that:

A person shall be guilty of reckless driving who passes or attempts to pass two other vehicles abreast, moving in the same direction, except on highways having separate roadways of three or more lanes for each direction of travel, or on designated one-way streets or highways.

Section 46.2-856 targets an especially dangerous type of passing. Danger always is present when one vehicle passes another by moving into a lane of travel used by oncoming traffic. There is an additional risk when passing two vehicles that are traveling abreast on highways with less than three lanes for travel in each direction. One of the two vehicles traveling abreast might move into the lane that the passing vehicle anticipates using after completing the passing maneuver. If this happens, the vehicle that is passing may be forced to remain in the lane used by oncoming traffic, thereby presenting a greater risk of a collision from oncoming traffic. It also is more difficult for the passing vehicle to track two vehicles traveling abreast than it is to monitor a single vehicle.

In my opinion, § 46.2-856 must be interpreted according to its plain language. First, the statute prohibits "pass[ing]" or "attempt[ing] to pass." These terms have a readily understood meaning. Second, the driver must pass or attempt to pass two vehicles that are "abreast." It is my opinion that the individual must be passing or attempting to pass vehicles that are side by side in two different lanes as opposed to vehicles in single file in a single lane. Third, the vehicles that are being overtaken must be moving in the same direction.

Section 46.2-856 does not apply in two situations. First, it does not apply when a highway has three or more lanes for each direction of travel. In that instance, there cannot be a reckless driving violation because the driver may safely pass the two vehicles that are "abreast" without entering into a lane of travel used by oncoming traffic. Second, § 46.2-856 does not apply when there are "designated one-way streets or highways," presumably because there is no risk of the vehicle colliding with oncoming traffic.

Conclusion

Accordingly, it is my opinion that § 46.2-856 prohibits the passing or overtaking of two vehicles traveling "abreast," i.e. side by side, unless one of the exceptions applies.

With kindest regards, I am

Very truly yours,

Kenneth T. Cuccinelli, II
Attorney General