Under Virginia’s blocking driveway law, if someone parks across your driveway without permission, you call the police, and an officer can authorize the vehicle to be towed at the driver’s expense. The controlling statute is § 46.2-1211, and the driver can also be ticketed for a $71 parking infraction on top of the towing and storage bill.1Virginia Code Commission. Code of Virginia 46.2-1211 – Removal of Motor Vehicles Obstructing Movement; Storage; Payment of Costs
What to Do When a Car Is Blocking Your Driveway
Call your local police non-emergency line. If you cannot access your property because of a genuine emergency, call 911 instead. Explain that a vehicle is obstructing your driveway and ask for an officer to come out.
Do not call a private tow company on your own. The authority to order a tow under § 46.2-1211 belongs to law enforcement, not to the property owner. An officer, or an authorized uniformed employee of the local police agency, has to evaluate the obstruction, and the tow itself needs authorization from the chief law-enforcement officer or a designee.1Virginia Code Commission. Code of Virginia 46.2-1211 – Removal of Motor Vehicles Obstructing Movement; Storage; Payment of Costs Skipping that step and hiring a tow truck yourself can expose you to liability.
When the officer arrives, walk them through exactly how the vehicle is blocking you. Take photos in the meantime showing the car’s position relative to your driveway, and note the time. If the same driver blocks you repeatedly, that record makes future enforcement easier. Each occurrence is a separate traffic infraction.
After the tow, the officer must report the removal to the Virginia Department of Motor Vehicles and notify the vehicle’s owner as quickly as possible.1Virginia Code Commission. Code of Virginia 46.2-1211 – Removal of Motor Vehicles Obstructing Movement; Storage; Payment of Costs In practice, that notice usually includes the storage facility’s name and address so the driver can retrieve the car.
What Counts as Blocking a Driveway in Virginia
The statute reaches further than most people assume. A vehicle is an obstruction whenever it interferes with your ability to freely enter, leave, or move around your driveway, parking area, or premises without your permission.1Virginia Code Commission. Code of Virginia 46.2-1211 – Removal of Motor Vehicles Obstructing Movement; Storage; Payment of Costs It applies to cars, trailers, semitrailers, and even parts of any of those.
The car does not have to sit squarely across the entrance. A vehicle angled into part of the driveway, double-parked in a way that boxes you in, or sitting on your property in a spot that blocks internal movement all qualify. The test is functional. If you cannot get in, out, or around your property the way you normally would because of someone else’s vehicle, the statute applies.
The Fine, the Tow, and the Storage Bill
The driver’s costs stack up in three layers.
First, the parking ticket. Virginia Code § 46.2-1239 makes parking in front of a private driveway a traffic infraction. Under Virginia’s Uniform Fine Schedule, the base fine is $20 plus $51 in processing fees, for a total of $71.2Virginia’s Judicial System. Uniform Fine Schedule That amount is separate from anything the tow yard charges.
Second, the tow. If the vehicle is removed under § 46.2-1211, the owner must pay the full towing bill before getting the car back.1Virginia Code Commission. Code of Virginia 46.2-1211 – Removal of Motor Vehicles Obstructing Movement; Storage; Payment of Costs The statute does not cap the tow fee for driveway-obstruction removals.
Third, storage. Every day the car sits at the impound lot adds another charge, with no statewide daily rate cap. Picking the car up the same day is far cheaper than waiting a week, and ignoring the notice entirely is the worst option: unclaimed vehicles can eventually be sold at public auction, with the proceeds applied to the towing, storage, and sale costs before anything is returned to the owner.3Virginia Code Commission. Virginia Code 46.2-1203 – Sale of Vehicle at Public Auction by Locality; Disposition of Proceeds
Why a Homeowner Cannot Just Call a Tow Truck
Virginia has a separate law, § 46.2-1231, that lets some private property owners bypass police and call a licensed tow company directly for trespassing vehicles. That route requires “no towing” signs posted at every entrance, listing either the police non-emergency number or the tow company’s number.4Virginia Code Commission. Virginia Code Article 3 – Trespassing Vehicles, Parking, and Towing
That option is not available for a typical home. Under § 46.2-1216, localities that pass parking-enforcement ordinances for private property cannot authorize vehicle removal or immobilization on property used as a single-family residence. For a blocked residential driveway, the path runs through law enforcement and § 46.2-1211. For commercial lots or apartment complexes, the trespassing-vehicle route is available, though every removal must still be reported to police immediately, and failing to report is itself a traffic infraction carrying a fine of up to $100.4Virginia Code Commission. Virginia Code Article 3 – Trespassing Vehicles, Parking, and Towing
If the Driver Comes Back Before the Tow Truck Leaves
This one comes up often. If the vehicle’s owner or someone acting for them shows up and moves the car before it has actually been towed away, the tow itself is off the table under the trespassing-vehicle rules. The driver still owes a fee of up to $25, or a higher amount if the local government has set one by ordinance.4Virginia Code Commission. Virginia Code Article 3 – Trespassing Vehicles, Parking, and Towing Even if the tow is called off, the responding officer can still write the $71 parking ticket for blocking a private driveway.
The practical takeaway for anyone whose driveway gets blocked: call the police first, document what you see, and let the officer make the call on removal. The law is on your side, and none of the cost lands on you.