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.

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Terms Used In Virginia Code 46.2-808.3

  • Conviction: A judgement of guilt against a criminal defendant.
  • Traffic infraction: means a violation of law punishable as provided in § Virginia Code 46.2-100
  • Vehicle: means every device in, on or by which any person or property is or may be transported or drawn on a highway, except personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks. See Virginia Code 46.2-100

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.

2024, c. 138.