§ 82-5-20. Stopping on highways generally; rural mail carriers loading and unloading mail.  


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  • (a)

    No vehicles shall be stopped in such manner as to impede or render dangerous the use of the highway by others, except in the case of an emergency as the result of an accident or mechanical breakdown, in which case the emergency flashing lights of such vehicle shall be turned on if the vehicle is equipped with such lights and such lights are operating, and a report shall be made to the nearest police officer as soon as practicable and the vehicle shall be removed from the roadway to the shoulder as soon as possible and removed from the shoulder without unnecessary delay; and, if said vehicle is not promptly removed, such removal may also be ordered by a police officer at the expense of the owner if the disabled vehicle creates a traffic hazard.

    (b)

    No person shall leave any vehicle, attended or unattended, upon the paved, improved or main-traveled portion of any highway, outside of any business or residence district, when it is practicable to leave such vehicle standing off the paved, improved or main-traveled portion of such highway.

    (c)

    Except upon one-way streets and when actually loading or unloading merchandise as provided in Section 82-5-21, no vehicle shall be stopped except close to and parallel with the right-hand curb. In no instance shall such vehicle be parked with the near wheels farther than six (6) inches from the curb.

    (d)

    The provisions of this Section shall not apply to any vehicle owned or controlled by the Commonwealth of Virginia, Department of Highways and Transportation, or the County, while actually engaged in the construction, reconstruction or maintenance of highways.

    (e)

    The provisions of the first paragraph of this Section shall not apply to any rural mail carrier stopping on the highway while loading or unloading mail at a mailbox; provided, there be lettered on the back of the vehicle operated by such rural mail carrier, or lettered on a sign securely attached to and displayed at the rear of such vehicle, in letters at least four (4) inches in height, the following:

    CAUTION
    FREQUENT STOPS
    U.S. MAIL

    Nor shall the first paragraph of Code of Virginia, Section 46.2-891 apply to such mail carrier so stopping if, in lieu of such sign, the vehicle has, and is using, supplemental turn signals mounted at each side of the vehicle upon the roof. Between the lights on the assembly shall be mounted a sign with the words "U.S. Mail," which sign shall be yellow with black letters at least four (4) inches in height, and which light shall be of the type approved by the Superintendent of State Police. The lettered sign shall be folded down out of vision prior to the first stop on the route and following the last stop on the route.

    Provided further, that nothing in this Section shall be construed so as to relieve any such mail carrier from civil liability for such stopping on any highway, if he is negligent in so doing, and if such negligence proximately contributes to any personal injury or property damage resulting therefrom. (3-13-63; 1961 Code, § 16-124; 9-78-82.)

    Footnotes:
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    92. For similar state law, see Va. Code Ann. §§ 46.2-891, 46.2-892.