University of Virginia Library

Article III. Operation of Vehicles Generally.[186]

Sec. 18-27. Reckless driving—Generally.[187]

Irrespective of the maximum speeds herein provided, any
person who drives a vehicle upon a street recklessly or at a
speed or in a manner so as to endanger the life, limb or property
of any person shall be guilty of reckless driving; provided,
that the driving of a motor vehicle in violation of any
speed limit provisions of section 18-33 shall not of itself constitute
ground for prosecution for reckless driving under this
section. Reckless driving is unlawful. (Code 1959, § 18-27.)

Sec. 18-28. Same—Specific instances; authority of court.[188]

A person shall be guilty of reckless driving who shall:

(1) Drive a vehicle when not under proper control or with
inadequate or improperly adjusted brakes upon any street of
this city;

(2) While driving a vehicle, overtake or pass another vehicle
proceeding in the same direction, upon or approaching
the crest of a grade or upon or approaching a curve in the
street, where the driver's view along the street is obstructed,
except where the overtaking vehicle is being operated on a
street having two or more designated lanes of roadway for
each direction of travel or on a designated one-way street.

(3) Pass or attempt to pass two other vehicles abreast,
moving in the same direction, except on streets having separate
roadways of three or more lanes for each direction of
travel, or on designated one-way streets.

(3.1) Drive any motor vehicle, including any motorcycle,
so as to be in and parallel to another vehicle in a lane designed
for one vehicle, or drive any motor vehicle, including any
motorcycle, so as to travel parallel to any other vehicle travelling
in a lane designed for one vehicle; provided, that, this
subsection shall not apply to any validly authorized parade,
motorcade or motorcycle escort.

(4) Overtake or pass any other vehicle proceeding in the

same direction at any steam, Diesel or electric railway grade
crossing or at any intersection of streets unless such vehicles
are being operated on a street having two or more designated
lanes of roadway for each direction of travel or on a designated
one-way street, or while pedestrians are passing or
about to pass in front of either of such vehicles, unless permitted
so to do by a traffic light or police officer.

(5) Fail to stop at a school bus, whether publicly or privately
owned and whether transporting children to, from or
in connection with a public or private school, stopped on a
street for the purpose of taking on or discharging school
children, when approaching the same from any direction,
and to remain stopped until all school children are clear of
the street and the bus is put in motion, or fail to stop at a
school bus, whether publicly or privately owned and whether
transporting children to, from or in connection with a public
or private school, stopped on the roadway of a school for the
purpose of taking on or discharging school children, when approaching
the same from any direction on the roadway of
such school and to remain stopped until all school children
are clear of the roadway; provided, that this shall apply
only to school busses which are painted yellow with the
words "School Bus, Stop, State Law" printed in black letters
six inches high on the front and rear thereof. If space is
limited on the front, the words "School Bus" may be in
letters four inches high.

(6) Fail to give adequate and timely signals of intention
to turn, partly turn, slow down or stop, as required in sections
18-57 through 18-61.

(7) Exceed a reasonable speed under the circumstances
and traffic conditions existing at the time regardless of any
posted speed limit.

(8) Where a "yield-right-of-way" sign is posted, fail, upon
entering a street, to yield the right of way to the driver of
a vehicle approaching on such street from either direction.

(9) Drive or operate any automobile or other motor vehicle
upon any driveway or premises of a church or school, or of
any recreational facilities or of any business property open to
the public, or upon any street or highway under construction
or not yet open to the public, recklessly or at a speed or in
a manner so as to endanger the life, limb or property of any
person.

(10) Drive a vehicle when it is so loaded, or when there
are in the front seat such number of persons, as to obstruct
the view of the driver to the front or sides of the vehicle or
to interfere with the driver's control over the driving mechanism
of the vehicle. (Code 1959, § 18-28; 6-21-65, § 5.)

Sec. 18-29. Same—Driving in excess of certain speeds.[189]

A person shall be guilty of reckless driving if he operates
a motor vehicle in the city at a speed in excess of eighty miles
per hour. When any person shall be convicted of reckless driving
under this section, then in addition to any other penalties
provided by law, except in those cases for which revocation of
license is provided under Code of Virginia, section 46.1-417,
the operator's or chauffeur's license of such person shall be
suspended by the court or judge for a period of not less
than sixty days nor more than six months. In case of conviction,
the court or judge shall order the surrender of the license
to the court, where it shall be disposed of in accordance with
the provisions of Code of Virginia, section 46.1-425. (Code
1959, § 18-29.)

Sec. 18-30. (Blank.)[190]

Sec. 18-31. Same—Racing on streets.[191]

Any person who shall engage in a race between two or
more motor vehicles on the streets of the city shall be guilty
of reckless driving. When any person shall be convicted of
reckless driving under this section, then in addition to any
other penalties provided by law, the operator's or chauffeur's
license of such person shall be suspended by the court or
judge for a period of not less than six months nor more than
two years. In case of conviction, the court or judge shall
order the surrender of the license to the court where it shall
be disposed of in accordance with the provisions of Code of
Virginia, section 46.1-425. (Code 1959, § 18-31.)

Sec. 18-31.1. Same—Same—Aiders or abettors.[192]

Any person, although not engaged in a race as defined in
section 18-31.1, who aids or abets any such race, shall be
guilty of a misdemeanor.

Sec. 18-32. Same—Penalty for reckless driving.[193]

Every person convicted of reckless driving under the provisions
of sections 18-27 to 18-31, both inclusive, shall, for
the first violation, be punished by a fine not exceeding five
hundred dollars or by imprisonment in jail for not exceeding
twelve months, or by both such fine and imprisonment. For
each second or subsequent conviction for the offense of
reckless driving under the provisions of sections 18-27 to
18-31, both inclusive, committed within twelve months before
or after the date of another act of reckless driving for
which he has been convicted, such person shall be convicted
by a fine of not less than one hundred dollars nor more than
five hundred dollars, or by imprisonment in jail for not less
than ten days nor more than twelve months, or by both such
fine and imprisonment.

Except in those cases for which revocation of license is provided
under Code of Virginia, paragraph (e) of section 46.1417,
the court may, in addition to the foregoing punishment,
suspend any license issued to such convicted person under sections
46.1-348 to 46.1-387 of the Code of Virginia, for a period
of not less than ten days nor more than six months and the
court shall require such convicted person to surrender his license
so suspended. If such person so convicted has not obtained
the license required by such chapter, the court may
direct in the judgment of conviction that such person shall
not, for such period of not less than ten days nor more than
six months as may be prescribed in the judgment, drive or
operate any motor vehicle in this state.

The court or the clerk of such court shall transmit such
license to the commissioner along with the report of such
conviction required to be sent to the division. (Code 1959, §
18-32; 6-21-65, § 6.)

Sec. 18-32.1. Same—Disregarding signal by police officer to
stop.[194]

Any person who, having received a visible or audible signal
from any police officer to bring his motor vehicle to a
stop, shall operate such motor vehicle in a willful or wanton
disregard of such signal so as to interfere with or endanger
the operation of the police vehicle or endanger other property
or person, who shall increase his speed and attempt
to escape or lose such police officer shall be guilty of reckless
driving and, upon conviction thereof, shall be punished
by a fine of not less than fifty dollars nor more than one thousand
dollars or by imprisonment in jail for not less than
sixty days nor more than one year, or both such fine and imprisonment.
When any person shall be convicted of reckless
driving under this section, then in addition to the penalties
provided herein, the operator's or chauffeur's license of such
person may be suspended by the court or judge for a period
of not to exceed one year. In the case of conviction and suspension,
the court or judge shall order the surrender of the
license to the court, or it shall be disposed in accordance
with the provisions of section 46.1-425 of the Code of Virginia.
(6-21-65, § 31.)

Sec. 18-32.2. Same — Lesser offense of improper driving
where culpability slight.[195]

Notwithstanding the foregoing provisions of this article,
upon the trial of any person charged with reckless driving,
where the degree of culpability is slight, the court, in its discretion,
may find the accused not guilty of reckless driving
but guilty of improper driving, and impose a fine not to exceed
one hundred dollars.

Sec. 18-33. Maximum and minimum speed limits; posting,
etc., of school zones.[196]

No person shall drive any vehicle upon a street of this city
at a speed in excess of:

(a) Twenty-five miles per hour in a business or residential

district unless otherwise prescribed by the proper authorities
of the city pursuant to the provisions of Code of Virginia,
section 46.1-180;

(b) Thirty-five miles per hour, except in business or residence
districts and except as otherwise provided by this section
or unless otherwise prescribed by the proper authorities
of the city pursuant to the provisions of section 46.1-180 of
the Code of Virgina;

(c) Thirty-five miles per hour if the vehicle is being used
as a school bus carrying children, except as otherwise provided
in this section;

(d) Twenty-five miles per hour between portable signs, tilt
over signs or fixed blinking signs placed in or along any
street bearing the word "School." Such word shall indicate
that school children are present in the vicinity. Any signs
erected under this section shall be placed not more than
three hundred feet from the limits of the school property or
crossing in the vicinity of the school which is used by children
going to and from the school; provided, that such crossings
are not more than five hundred yards from the limits
of the school property and the city council approves such
crossing for such signs. Such portable signs shall be furnished
and delivered by the city. It shall be the duty of the
principal or chief administrative officer of each school or
some responsible person designated by the school board,
preferably not a classroom teacher, to place such portable
signs in the street at a point not more than three hundred
feet from the limits of the school property and remove such
signs when their presence is no longer required by this subsection.
Such portable tilt over signs or fixed blinking signs
shall be placed in position plainly visible to vehicular traffic
approaching from either direction, but shall not be placed
so as to obstruct the street. Such portable signs, till over
signs or blinking signals shall be in a position or be turned
on for thirty minutes preceding regular school hours and for
thirty minutes thereafter and during such other times as
the presence of children are in such school property or going
to and from school reasonably requires a special warning to
motorists. The city council may decrease the speed limit provided
in this subsection; provided, that no such decrease in
speed limit shall be effective unless such decreased speed limit
is conspicuously posted upon the portable signs, tilt over
signs or fixed blinking signs required by this subsection.

(e) No person shall drive a motor vehicle at such a slow
speed as to impede the normal and reasonable movement of
traffic except when reduced speed is necessary for safe operation
or in compliance with law.

(f) Whenever the city manager determines on the basis of
a traffic engineering and traffic investigation that slow speeds
on any part of a street consistently impede the normal and
reasonable movement of traffic, the city manager may determine
and declare a minimum speed limit to be set forth on
signs posted on such street below which no person shall drive
a vehicle except when necessary for safe operation or in compliance
with law.

(g) Pursuant to a traffic engineering and traffic survey as
required by section 46.1-180, Code of Virginia, as amended,
the following speed limits are imposed as hereinafter set
forth:

                                                                                                                             

Street	From	To	Speed Limit
Alderman Road	Ivy Road	Corporate limits (Univ. of Va.)	25
Angus Road	Emmet Street	Corporate limits	25
Avon Street	Levy Avenue	South corporate limits	25
Barracks Road	Corporate limits	Millmont Street	35
Barracks Road	Millmont Street	Rugby Road	25
Brandywine Drive	Hydraulic Road	Greenbrier Drive	25
Carlton Road	Monticello Road	Meade Avenue	25
Cedar Hill Road	Hydraulic Road	Angus Road	25
Cherry Avenue	Cleveland Avenue	1st Street	35
Cleveland Avenue	Cherry Avenue	Jefferson Park Avenue	25
Elliott Avenue	1st Street	Ware Street	35
Elliott Avenue	Ware Street	Monticello Avenue	25
Emmet Street	Jefferson Park Avenue	Ivy Road	25
Emmet Street	Ivy Road	Route 250 By-Pass	40
Emmet Street	Route 250 By-Pass	Hydraulic Road	40
Fontaine Avenue	Corporate limits	Jefferson Park Avenue	35
Grady Avenue	Preston Avenue	Rugby Road	25
Greenbrier Drive	Brandywine Drive	Rio Road	25
Harris Road	Jefferson Park Avenue	5th Street Extended	25
High Street	Long Street (Rt. 250)	9th Street	25
High Street	9th Street	Preston Avenue	25
Hydraulic Road	Emmet Street (Rt. 29)	Route 250 By-Pass	25
Ivy Road	Corporate limits	Emmet Street	35
Jefferson Park Avenue	Harris Road	Cleveland Avenue	25
Jefferson Park Avenue	Cleveland Avenue	Fontaine Avenue	35
Jefferson Park Avenue	Fontaine Avenue	Emmet Street	35
Jefferson Park Avenue	Emmet Street	West Main Street	25
Locust Avenue	High Street	Locust Lane	25
Main Street	E. 9th Street	W. 14th Street	25
Market Street	Corporate limits	Preston Avenue	25
Maury Avenue	Jefferson Park Avenue	Stadium Road	25
Meadowbrook Heights Road	Route 250 By-Pass	Yorktown Drive	25
McIntire Road	Preston Avenue	Route 250 By-Pass	35
Monticello Avenue	South corporate limits	Blenheim Avenue	35
Monticello Avenue	Blenheim Avenue	Avon Street	25
Monticello Road	Monticello Avenue	9th Street Bridge	25
Old Lynchburg Road	Corporate limits	Jefferson Park Avenue	25
Park Street	North corporate limits	Route 250 By-Pass	35
Park Street	Route 250 By-Pass	High Street	25
Preston Avenue	Rugby Road	10th Street	25
Preston Avenue	10th Street	Market Street	25
Ridge Street	Main Street	End of maintenance	25
Rose Hill Drive	Preston Avenue	Rugby Avenue	35
Rugby Avenue	Rugby Road	Route 250 By-Pass	35
Rugby Road	University Avenue	Preston Avenue	25
Rugby Road	Preston Avenue	Barracks Road	25
Shamrock Road	Jefferson Park Avenue	Cherry Avenue	25
Stadium Road	Emmet Street	Corporate limits	25
University Avenue	14th Street	Emmet Street	25
Water Street	Main Street	9th Street	25
Yorktown Drive	Meadowbrook Heights Road	Brandywine Road	25
5th Street	Cherry Avenue	South corporate limits	25
9th Street, E.	Levy Avenue	High Street	25
Route 250 By-Pass	East corporate limits	McIntire Park entrance	35
Route 250 By-Pass	McIntire Park entrance	Four hundred feet west of Emmet Street	45
Route 250 By-Pass	Four hundred feet west of Emmet Street	West corporate limits	55
9th Street, W.	Cherry Avenue	Main Street	25
10th Street, W.	Main Street	Preston Avenue	25
Meade Avenue	Market Street	High Street	25
14th Street, N. W.	West Main Street	Two hundred and fifty feet north of Grady Avenue	25
Madison Avenue, N. W.	Two hundred and fifty feet north of Grady Avenue	Preston Avenue	25
4th Street, N. W.	West Main Street	Preston Avenue	25

(h) Any person violating this section shall be guilty of a
misdemeanor and upon conviction shall be punished as provided
in section 46.1-16 of the Code of Virginia. (Code 1959, § 18-33;
6-21-65, §§ 7, 8; 8-7-67; 5-20-68; 4-23-73; 6-25-73; 10-15-73;
11-19-73.)

Secs. 18-34 to 18-67. Repealed.