Virginia Failure to Give Way to an Overtaking Vehicle (§ 46.2-842): Fines, Points & What to Do Next

You are cruising in the left lane on Route 29 when a faster car comes up behind you and signals to pass. Instead of easing right, you hold your position — or worse, you speed up to "keep pace." It feels harmless, even justified. In Virginia, it is a ticket. The law requires the driver being overtaken to move over and not accelerate, and officers write this violation more often than most drivers realize.

This post explains what Virginia's give-way rule actually requires, the fine and demerit points it carries, how it can nudge your insurance upward, and the steps to take if you have been cited so a small mistake does not sit on your record for years.

What Is Failure to Give Way to an Overtaking Vehicle in Virginia?

Under Va. Code § 46.2-842, "the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle." Two duties are packed into that sentence:

• Move to the right so a faster vehicle can pass safely.

• Do not speed up while you are being overtaken — a surprisingly common instinct that turns a routine pass into a dangerous side-by-side situation.

The statute also directs over-width and slow-moving vehicles to pull off at the nearest safe spot when they are holding up traffic. This is closely related to Virginia's left lane law for slow drivers, but it is a distinct offense: § 46.2-842 is about your duty to yield to the car actively trying to pass you, on any road, not just interstate left-lane camping. A companion statute, § 46.2-842.1, adds a specific give-way duty on divided highways.

Fines and DMV Demerit Points

Failure to give way to an overtaking vehicle is a traffic infraction, not a criminal charge. Here is what it carries:

• 3 DMV demerit points.

• A fine that commonly runs in the range of about $30 to $80 plus court costs, depending on the jurisdiction. Like most Virginia infractions, the total is capped at $250.

• A 3-year record. The conviction stays on your Virginia driving record for three years, and the demerit points count against your safe-point balance for the standard period.

Three points may sound minor, but they add up fast when combined with other tickets, and they can erase the safe-driving credit you have built. If you are curious how a single stop can produce more than one charge, read multiple tickets from one stop.

How It Affects Your Car Insurance

A 3-point moving violation is exactly the kind of ticket insurers watch for. It signals aggressive or inattentive driving, and even a single conviction can bump your premium at renewal. The increase is typically smaller than for reckless driving, but it can still cost you hundreds of dollars over the life of the surcharge.

Our guide on how Virginia traffic tickets affect insurance rates explains the mechanics. One way to blunt the impact: completing a voluntary driver improvement course, which some insurers reward with a discount under the INS code — and which adds safe points back to your DMV record.

Keep in mind that Virginia insurers and the DMV count points differently. The DMV uses demerit points to decide on suspensions and advisory letters, while your carrier applies its own surcharge schedule that can outlast the DMV points entirely. Our explainer on insurance points vs. DMV points shows why a single give-way conviction can quietly cost you at renewal even after your safe-point balance recovers.

What to Do After a Give-Way Ticket

1. Decide whether to contest. If the "overtaking" car was passing illegally, or you had no safe room to move right, you may have a defense. Our walkthrough on appealing a Virginia traffic ticket covers your options.

2. Pay it the right way. If you simply prepay, that is an admission of guilt and the points are assessed. Understand what paying a Virginia traffic ticket actually means before you send a check.

3. Take the driver improvement course. Whether the court orders it or you choose it on your own, an 8-hour DMV-approved course adds +5 safe driving points — more than enough to cancel out this violation's 3 demerits.

4. Monitor your record. After the case closes, check your Virginia driving record to confirm the points posted correctly and were not double-counted.

Virginia Driver Improvement Course Codes

When you sign up, Virginia matches your reason for taking the course to a specific enrollment code. Choose the one that fits your situation so the completion certificate is reported correctly:

If the judge orders the course with points, you will enroll under YCT. If you are taking it on your own to protect your record and earn the safe-point bonus, use VOL. For the difference between a judge's order and a voluntary refresher, see court-ordered vs. voluntary driver improvement.

Common Situations That Lead to This Charge

Failure-to-give-way tickets usually come out of everyday driving habits rather than aggressive intent. Watch for these:

• Camping in the left lane and refusing to move over when a faster car closes in from behind.

• Matching the passer's speed — instinctively accelerating so you are not "left behind," which the statute expressly prohibits.

• Driving an over-width or slow-moving vehicle and not pulling off at the nearest safe spot when a line of traffic builds up.

• Refusing to yield on a two-lane road, forcing the overtaking driver into a longer, riskier pass.

None of these require a collision or even a near-miss to result in a ticket. An officer who sees you speed up or refuse to move right while being overtaken has what they need to cite you under § 46.2-842.

Frequently Asked Questions

Is it really illegal to speed up when someone is passing me? Yes. Va. Code § 46.2-842 specifically forbids increasing your speed until the overtaking vehicle has completely passed you.

How many points is this ticket? Three DMV demerit points, and the conviction remains on your Virginia record for three years.

Can a driver improvement course remove these points? Voluntarily completing a DMV-approved course adds +5 safe points, which offsets the 3 demerits and helps keep your balance in positive territory. See how to get points off your license.

Enroll Today and Take Back Control of Your Record

Whether the court ordered it, your insurer asked for it, or you just want to erase the sting of those demerit points, our program makes it simple. Enroll today — $74.99, DMV-approved, with a 30-day money-back guarantee. The course is 100% online, self-paced, and reported straight to the Virginia DMV when you finish. Start your 8-hour Virginia Driver Improvement course now and give your driving record — and your insurance rate — a fresh start.