Virginia driving laws
The rules your permit test asks about, in plain English. Each one is quoted from Virginia’s statutes or an official DMV page. Handbooks are often years out of date, so where the law has changed we follow the law.
Checked October 2, 2026.
The short version
- Phones and texting
- Virginia drivers may not hold a phone or other handheld communications device while driving a moving vehicle.
- Alcohol and drugs (DUI)
- Virginia's limit is 0.08 for adults, 0.04 for commercial drivers, and 0.02 for drivers under 21.
- Seat belts and child seats
- In Virginia the driver and every passenger 18 or older must wear a seat belt, and the driver must make sure every passenger under 18 is in a belt or child seat.
- Speed limits
- Unless signs say otherwise, Virginia's limit is 25 mph in business and residence districts and posted school zones, 35 mph on unpaved roads, and 55 mph on other roads.
Phones and texting
Virginia drivers may not hold a phone or other handheld communications device while driving a moving vehicle. You may hold it only when lawfully parked or stopped, or to report an emergency.
Official wording (5 sources)
“It is unlawful for any person, while driving a moving motor vehicle on the highways in the Commonwealth, to hold a handheld personal communications device.”
law.lis.virginia.gov“An operator who is lawfully parked or stopped; 3. Any person using a handheld personal communications device to report an emergency”
law.lis.virginia.gov“A violation of this section is a traffic infraction punishable, for a first offense, by a fine of $125.”
law.lis.virginia.gov“A violation of this section is a traffic infraction punishable, for a second or subsequent offense, by a fine of $250. E. If a violation of this section occurs in a highway work zone, it shall be punishable by a mandatory fine of $250.”
law.lis.virginia.gov“Virginia's cellular telephone law prohibits the use of cell phones while driving, regardless of whether such device is or is not hand-held.”
dmv.virginia.gov
Alcohol and drugs (DUI)
Virginia's limit is 0.08 for adults, 0.04 for commercial drivers, and 0.02 for drivers under 21. A first refusal of a breath or blood test is a civil offense with a one-year suspension; a first DUI is a Class 1 misdemeanor with a $250 minimum fine and a one-year license loss.
Official wording (8 sources)
“It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume”
law.lis.virginia.gov“It is unlawful for any person younger than 21 years of age to operate any motor vehicle after illegally consuming alcohol. Any such person with a blood alcohol concentration of 0.02 percent or more by weight by volume”
law.lis.virginia.gov“Punishment shall include (i) forfeiture of such person's license to operate a motor vehicle for a period of one year from the date of conviction and (ii) a mandatory minimum fine of $500 or performance of a mandatory minimum of 50 hours of community service.”
law.lis.virginia.gov“for a person to drive or operate a commercial motor vehicle while such person has a blood alcohol concentration of 0.04 percent or more by weight by volume”
law.lis.virginia.gov“A first violation is a civil offense. For a first offense, the court shall suspend the defendant's privilege to drive for a period of one year. This suspension period is in addition to the suspension period provided under § 46.2-391.2 .”
law.lis.virginia.gov“any person violating any provision of § 18.2-266 shall be guilty of a Class 1 misdemeanor with a mandatory minimum fine of $250.”
law.lis.virginia.gov“shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine, or train in the Commonwealth for a period of one year from the date of such judgment.”
law.lis.virginia.gov“The period of suspension of the person's license or privilege to drive shall be seven days, unless the petition, summons or warrant issued charges the person with a second or subsequent offense.”
law.lis.virginia.gov
Seat belts and child seats
In Virginia the driver and every passenger 18 or older must wear a seat belt, and the driver must make sure every passenger under 18 is in a belt or child seat. Adult belt enforcement is secondary: police may not stop you for it alone.
Official wording (5 sources)
“Any driver, and any other person at least 18 years of age and occupying a seat, of a motor vehicle equipped or required by the provisions of this title to be equipped with a safety belt system”
law.lis.virginia.gov“No law-enforcement officer shall stop a motor vehicle for a violation of this section.”
law.lis.virginia.gov“shall ensure that any child, up to age eight, whom he transports therein is provided with and properly secured in a child restraint device of a type which meets the standards adopted by the United States Department of Transportation.”
law.lis.virginia.gov“Such child restraint device shall not be forward-facing until at least (i) the child reaches two years of age or (ii) the child reaches the minimum weight limit for a forward-facing child restraint device as prescribed by the manufacturer of the device.”
law.lis.virginia.gov“Any person transporting another person less than 18 years old, except for those required pursuant to subsection A to be secured in a child restraint device, shall ensure that such person is provided with and properly secured by an appropriate safety belt system”
law.lis.virginia.gov
Move Over law
When you approach a stopped vehicle showing flashing blue, red or amber lights (police, fire, EMS, tow and road crews), move to a lane not next to it on a highway with at least two lanes your way, if it is reasonable and safe. If you can't, slow down, proceed with caution and keep a safe speed.
Official wording (2 sources)
“upon approaching a stationary vehicle that is displaying a flashing, blinking, or alternating blue, red, or amber light or lights”
law.lis.virginia.gov“yield the right-of-way by making a lane change into a lane not adjacent to the stationary vehicle or (ii) if changing lanes would be unreasonable or unsafe, proceed with due caution and maintain a safe speed for highway conditions. A violation of any provision of this subsection is reckless driving.”
law.lis.virginia.gov
School buses
Drivers approaching from any direction must stop for a school bus that is stopped to load or unload, and stay stopped until everyone is clear and the bus moves. You don't stop if the bus is on the other roadway of a divided highway separated by a physical barrier or unpaved area.
Official wording (2 sources)
“shall stop such vehicle when approaching, from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children”
law.lis.virginia.gov“Stopped on the other roadway of a divided highway, on an access road, or on a driveway when the other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or an unpaved area.”
law.lis.virginia.gov
Speed limits
Unless signs say otherwise, Virginia's limit is 25 mph in business and residence districts and posted school zones, 35 mph on unpaved roads, and 55 mph on other roads. Interstates and other divided limited-access highways may be posted up to 70 mph.
Official wording (5 sources)
“The maximum speed shall be 25 miles per hour on highways in business or residence districts, except on interstate or other limited access highways with divided roadways”
law.lis.virginia.gov“The maximum speed limit shall be 25 miles per hour between portable signs, tilt-over signs, or fixed blinking signs placed in or along any highway and bearing the word "school" or "school crossing."”
law.lis.virginia.gov“The maximum speed limit on all other highways shall be 55 miles per hour if the vehicle is a passenger motor vehicle, bus, pickup or panel truck, or a motorcycle”
law.lis.virginia.gov“the maximum speed limit shall be 70 miles per hour where indicated by lawfully placed signs, erected subsequent to a traffic engineering study and analysis of available and appropriate accident and law-enforcement data, on (i) interstate highways”
law.lis.virginia.gov“For such highways upon which maximum speed limit is not indicated by sign, the maximum speed limit shall be 35 miles per hour.”
law.lis.virginia.gov
After a crash
After any crash with injury, death or damage to attended property, stop and report your name, address, license and registration number to police and the other people involved. If you hit unattended property and can't find the owner, leave a note and report it in writing to police within 24 hours. Police send a report to DMV when there is injury, death or $3,000 or more in damage.
Official wording (4 sources)
“report his name, address, driver's license number, and vehicle registration number forthwith to the State Police or local law-enforcement agency”
law.lis.virginia.gov“the driver shall leave a note or other sufficient information including driver identification and contact information in a conspicuous place at the scene of the accident and shall report the accident in writing within 24 hours to the State Police or the local law-enforcement agency.”
law.lis.virginia.gov“investigates a motor vehicle accident resulting in injury to or death of any person or total property damage to an apparent extent of $3,000 or more”
law.lis.virginia.gov“may make a written report of it to the Commissioner, on a form prescribed by the Department.”
law.lis.virginia.gov
Insurance
For policies effective on or after January 1, 2025, Virginia's minimum liability coverage is $50,000 per person and $100,000 per crash for injury or death, and $25,000 for property damage.
Official wording (2 sources)
“For all policies effective on or after January 1, 2025, every motor vehicle owner's policy shall”
law.lis.virginia.gov“of $50,000 because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, to a limit of $100,000 because of bodily injury to or death of two or more persons in any one accident, and to a limit of $25,000 because of injury to or destruction of property”
law.lis.virginia.gov
Motorcycle helmets
Every motorcycle operator and passenger in Virginia must wear a helmet meeting Snell, ANSI or DOT standards. The operator must also wear a face shield, safety glasses or goggles, unless the motorcycle has a windshield or safety glass.
Official wording (2 sources)
“Every person operating a motorcycle or autocycle shall wear a face shield, safety glasses or goggles, or have his motorcycle or autocycle equipped with safety glass or a windshield at all times while operating the vehicle, and operators and any passengers thereon shall wear protective helmets.”
law.lis.virginia.gov“shall meet or exceed the standards and specifications of the Snell Memorial Foundation, the American National Standards Institute, Inc., or the federal Department of Transportation.”
law.lis.virginia.gov
Motorcycle permit rules
Virginia residents 15 years 6 months or older can get a motorcycle learner's permit, valid 12 months, after passing the motorcycle knowledge exam. Permit riders must wear a helmet and eye protection, carry no passengers, not ride from midnight to 4 a.m., and be supervised by a motorcycle-licensed rider 21 or older in a separate vehicle.
Official wording (8 sources)
“Motorcycle learner's permits shall be valid for 12 months. When a motorcycle learner's permit expires, the permittee may, upon submission of an application, payment of the application fee, and successful completion of the examinations, be issued another motorcycle learner's permit valid for 12 months.”
law.lis.virginia.gov“Operation shall be under the immediate supervision of a person licensed to operate a motorcycle who is 21 years of age or older. 3. No person other than the operator shall occupy the motorcycle.”
law.lis.virginia.gov“or, for motorcycle instruction, providing immediate supervision from a separate accompanying motor vehicle”
law.lis.virginia.gov“No learner's permit shall authorize its holder to operate a motor vehicle between midnight and four o'clock a.m.”
law.lis.virginia.gov“on receiving from any Virginia resident over the age of 15 years and six months an application for a learner's permit or motorcycle learner's permit”
law.lis.virginia.gov“You must be supervised by a person at least 21 years of age who is licensed to operate a motorcycle, who is alert and able to assist you and is supervising from a separate accompanying motor vehicle.”
dmv.virginia.gov“If you are age 18 or older , you must obtain and hold a motorcycle learner’s permit for at least 30 days.”
dmv.virginia.gov“If you complete a Virginia Rider Training Program course, you will receive a course completion certificate and will not need to complete the motorcycle knowledge exam or road skills test.”
dmv.virginia.gov
Lane splitting
Lane splitting is illegal in Virginia: riding abreast of another vehicle in a lane meant for one vehicle is reckless driving. The one exception is that two two-wheeled motorcycles may ride side by side in one lane.
Official wording (2 sources)
“A person shall be guilty of reckless driving who drives any motor vehicle so as to be abreast of another vehicle in a lane designed for one vehicle”
law.lis.virginia.gov“Nothing in this section shall be construed to prohibit two two-wheeled motorcycles from traveling abreast while traveling in a lane designated for one vehicle.”
law.lis.virginia.gov
This page summarizes the law for study purposes and is not legal advice. Laws change; confirm with Virginia Department of Motor Vehicles.