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as traffic and other highway conditions permit, drive to <br />the nearest edge of the roadway, clear of any intersection <br />of highways, and shall stop and remain in such position <br />unless otherwise directed by a law enforcement officer <br />until such vehicle shall have passed. This provision <br />shail not operate to relieve the driver of any such vehicle <br />from the duty to drive with due regard for the safety of <br />all persons using the highway, nor shall it protect the <br />driver of any such vehicle from the consequences of an <br />arbitrary exercise of such right-of-way. <br /> <br /> (b) Violation of this section shall constitute <br />failure to yield the right-of-way. However, any violations <br />of this section involving overtaking or passing a moving <br />emergency vehicle giving an audible signal and displaying <br />activated warning lights as provided for in this section <br />shall constitute reckless driving, punishable as provided <br />in Section 22-395. <br /> <br />Section 22-328. Wearing earphones while driving. <br /> <br /> (b) For the purpose of this section, "earphones" <br />shall mean any device worn on or in both ears which <br />converts electrical energy to sound waves or which impairs <br />or hinders the person's ability to hear, but shall not <br />include (i) any prosthetic device which aids the hard of <br />hearing, or (ii) earphones installed in helmets worn by <br />motorcycle operators and riders and used as part of a <br />communications system. <br /> <br /> (c) The provisions of this section shall not apply to <br />the driver of any emergency vehicle as defined in Section <br />46.2-920 of the Code of Virginia, Section 22-11 of this <br />code~ or in any amendments thereto. <br /> <br />Section 22-396. <br /> <br />Same - disregarding signal to stop by <br />police officer. <br /> <br /> (a) Any person who, having received a visible or <br />audible signal from any police officer to bring his motor <br />vehicle to a stop, shall operate such motor vehicle in a <br />willful or wanton disregard of such signal so as to <br />interfere with or endanger the operation of the police <br />vehicle or endanger other property or person or who shall <br />increase his speed and attempt to escape or elude such <br />police officer, and whose actions do not result in serious <br />bodily in3ury to another, shall be guilty of a Class 1 <br />misdemeanor. <br /> <br /> <br />