Virginia § 46.2-808.3 Violations committed within highway work zone; penalty

Virginia Statutes

§ 46.2-808.3 — Violations committed within highway work zone; penalty

Virginia § 46.2-808.3

JurisdictionVirginia

Title 46.2Motor Vehicles

Subtitle IIIOperation

Ch. 8Regulation of Traffic

Art. 1General and Miscellaneous

This text of Virginia § 46.2-808.3 (Violations committed within highway work zone; penalty) is published on Counsel Stack Legal Research, covering Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Va. Code Ann. § 46.2-808.3 (2026).

Text

Operation of any motor vehicle in a manner constituting a moving violation of any provision of this chapter in a highway work zone, as defined in § 46.2-878.1, when workers are present and when such highway work zone is indicated by appropriately placed signs shall be unlawful and shall constitute a traffic infraction punishable by a fine of not less than $300 for the first offense and not less than $500 for any subsequent offense. However, if any such subsequent offense occurs within the same 12-month period as any other moving violation of any provision of this chapter while operating a motor vehicle in a highway work zone, as defined in § 46.2-878.1, such fine shall be not less than $750.

A prosecution or proceeding under § 46.2-878.1 is a bar to a prosecution or proceeding under this 

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Operation of any motor vehicle in a manner constituting a moving violation of any provision of this chapter in a highway work zone, as defined in § 46.2-878.1, when workers are present and when such highway work zone is indicated by appropriately placed signs shall be unlawful and shall constitute a traffic infraction punishable by a fine of not less than $300 for the first offense and not less than $500 for any subsequent offense. However, if any such subsequent offense occurs within the same 12-month period as any other moving violation of any provision of this chapter while operating a motor vehicle in a highway work zone, as defined in § 46.2-878.1, such fine shall be not less than $750.

A prosecution or proceeding under § 46.2-878.1 is a bar to a prosecution or proceeding under this section for the same act, and a prosecution or proceeding under this section is a bar to a prosecution or proceeding under § 46.2-878.1 for the same act.

Nothing in this section shall preclude the prosecution or conviction for reckless driving of any motor vehicle operator whose operation of any motor vehicle in a highway work zone demonstrates a reckless disregard for life, limb, or property.