SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2018 SESSION
18104057DBe it enacted by the General Assembly of Virginia:
1. That § 46.2-1078.1 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-1078.1. Use of handheld personal communications devices in certain motor vehicles; exceptions; penalty.
A. It is unlawful for any person to operate a moving motor
vehicle on the highways in the Commonwealth while using any handheld personal
communications device to:
1. Manually enter
multiple letters or text in the device as a means of communicating with another
person; or
2. Read any email
or text message transmitted to the device or stored within the device, provided
that this prohibition shall not apply to any name or number stored within the
device nor to any caller identification information unless the
handheld personal communications device is specifically
designed and configured to
allow voice and hands-free
operation and the device is being used in that manner. If
such device is mounted to the dashboard
of the vehicle, it shall not obscure the
driver's view of any portion of the windshield other than the seven-by-seven
square-inch section
in the lower right corner of the windshield or the
five-by-five
square-inch section
in the lower left corner of the windshield nearest the driver.
B. The provisions of this section shall not apply to:
1. The operator of any emergency vehicle while he is engaged in the performance of his official duties;
2. An operator who is
lawfully parked or stopped;
3. The
use of factory-installed or aftermarket global positioning systems (GPS) or
wireless communications devices used to transmit or receive data as part of a
digital dispatch system; or
4. 3. Any person using a handheld
personal communications device to report an emergency.;
4. The use of a handheld personal communications device for purposes of navigation or generating audio transmission, provided that such device is physically mounted to the vehicle; or
5. An operator who activates, deactivates, or initiates a factory-installed feature or function on the vehicle.
C. A violation of this section is a traffic infraction punishable, for a first offense, by a fine of $125 and, for a second or subsequent offense, by a fine of $250.
D. For the purposes of this section, "emergency vehicle" means:
1. Any law-enforcement vehicle operated by or under the direction of a federal, state, or local law-enforcement officer while engaged in the performance of official duties;
2. Any regional detention center vehicle operated by or under the direction of a correctional officer responding to an emergency call or operating in an emergency situation;
3. Any vehicle used to fight fire, including publicly owned state forest warden vehicles, when traveling in response to a fire alarm or emergency call;
4. Any emergency medical services vehicle designed or used for the principal purpose of emergency medical services where human life is endangered;
5. Any Department of Emergency Management vehicle or Office of Emergency Medical Services vehicle, when responding to an emergency call or operating in an emergency situation;
6. Any Department of Corrections vehicle designated by the Director of the Department of Corrections, when (i) responding to an emergency call at a correctional facility, (ii) participating in a drug-related investigation, (iii) pursuing escapees from a correctional facility, or (iv) responding to a request for assistance from a law-enforcement officer; and
7. Any vehicle authorized to be equipped with alternating, blinking, or flashing red or red and white secondary warning lights pursuant to § 46.2-1029.2.
D. E. Distracted driving shall be
included as a part of the driver's license knowledge examination.