Virginia Passing at a Railroad Crossing or Intersection (§ 46.2-858): Reckless Driving Fines, Points & What to Do Next

Traffic slows as you approach an intersection or a railroad crossing, and the car ahead is crawling. You swing left to get around it and keep moving. What feels like an ordinary pass is, in Virginia, one of the fastest ways to turn a mild delay into a reckless driving charge — a criminal misdemeanor with six demerit points attached.

Below we cover exactly what Virginia law prohibits, the fines and points a conviction carries, the insurance fallout, and the smartest moves to make if you have already been cited.

What Is Passing at a Railroad Crossing or Intersection in Virginia?

Under Va. Code § 46.2-858, a person is 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 a narrow set of exceptions applies. You may legally pass in these spots only when:

• The road has two or more marked lanes in your direction of travel;

• The intersection is marked as a passing zone;

• You are on a designated one-way street or highway; or

• A traffic light or law-enforcement officer permits the movement.

The law also forbids passing while pedestrians are crossing or about to cross in front of either vehicle. The reason is simple: intersections and crossings are where paths converge — cross traffic, turning cars, trains, and pedestrians — and a driver darting around a slower vehicle there has almost no time to react. Unlike a standard railroad crossing violation about stopping for gates, § 46.2-858 targets the specific act of passing at these points.

Fines and DMV Demerit Points

Because § 46.2-858 is charged as reckless driving, it carries the same heavy penalties as Virginia's other reckless driving offenses:

• 6 DMV demerit points — the maximum for a single violation.

• A Class 1 misdemeanor, punishable by up to a $2,500 fine and up to 12 months in jail.

• Possible license suspension of up to six months.

• An 11-year record. The conviction remains on your Virginia driving record for eleven years.

Six points can put a previously clean driver at real risk of a point-based suspension. And because it is a criminal charge, a court appearance is required — this is not a ticket you can simply prepay and forget.

A reckless-driving misdemeanor can also show up on background checks, which matters for jobs, security clearances, and CDL holders. See traffic tickets and background checks.

How It Affects Your Car Insurance

Insurers view reckless driving as a top-tier risk indicator. A conviction under § 46.2-858 can raise your premium substantially — often far more than a routine moving violation — and the surcharge can persist across several renewals because the conviction sits on your record for more than a decade. Some carriers may non-renew a reckless driver altogether.

Completing a state-approved driver improvement course will not undo a conviction, but it can help you show responsibility and may qualify you for a discount some insurers offer under the INS code. Our guide to reckless driving and insurance increases lays out the numbers.

What to Do After a Passing-at-a-Crossing Charge

1. Consider contesting. This is a criminal charge, so it is worth talking to an attorney. If one of the statutory exceptions applied — a marked passing zone, a multi-lane road, or an officer's direction — you may have a strong defense. Start with getting the ticket dismissed.

2. Aim for a reduction. Courts frequently reduce reckless driving to improper driving (a 3-point infraction) when a driver has a clean history and a completed course in hand.

3. Complete a driver improvement course. Finishing an 8-hour DMV-approved Virginia Driver Improvement course before court demonstrates good faith and adds +5 safe driving points to help offset the 6-point penalty.

4. Monitor your record. Once resolved, review your Virginia driving record to confirm everything posted accurately.

Timing matters. Judges give real weight to a driver improvement certificate that is already in hand on the court date — not one you promise to take later. Enrolling early also means the +5 safe points are posting to your record while your case is still pending, which can strengthen an argument for leniency or a reduction. If a court date is looming, do not wait; our guide on driver improvement course deadlines explains how to make sure your completion is reported in time.

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:

A court-ordered course with points is filed under YCT; if the judge assigns it without points, it is NCT. Taking it ahead of court on your own uses VOL and earns the +5 safe-point bonus. For more, see our page on taking the course before your court date.

Common Situations That Lead to This Charge

Drivers rarely set out to pass illegally at a crossing or intersection — it usually happens in the flow of frustrated, stop-and-go traffic. The scenarios officers cite most:

• Swinging around a left-turning car at an intersection instead of waiting behind it.

• Passing a slow or stopped vehicle as you roll through an uncontrolled intersection on a two-lane road.

• Overtaking at a railroad grade crossing, where a train, gate arm, or cross traffic can appear with no time to recover.

• Going around a car that has stopped for a pedestrian who is crossing or about to cross.

Because the statute lists specific exceptions — marked passing zones, multi-lane roads, one-way streets, and movements allowed by a signal or officer — knowing exactly which conditions applied at your location is often the heart of the defense.

Frequently Asked Questions

Why is passing at an intersection reckless driving and not a normal ticket? Va. Code § 46.2-858 specifically classifies passing at a railroad crossing or intersection as reckless driving, a Class 1 misdemeanor, because of the high collision risk at those points.

How many demerit points does it carry? Six points — the maximum — and the conviction stays on your Virginia record for 11 years.

Will taking a course help my case? Yes. Completing a DMV-approved driver improvement course before court often supports a reduction to improper driving and, taken voluntarily, adds +5 safe points to your record.

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.