State Codes and Statutes

Statutes > Virginia > Title-46-2 > Chapter-10 > 46-2-1078-1

§ 46.2-1078.1. Use of handheld personal communications devices in certainmotor vehicles; exceptions; penalty.

A. It shall be unlawful for any person to operate a moving motor vehicle onthe highways in the Commonwealth while using any handheld personalcommunications device to:

1. Manually enter multiple letters or text in the device as a means ofcommunicating with another person; or

2. Read any email or text message transmitted to the device or stored withinthe device, provided that this prohibition shall not apply to any name ornumber stored in the device nor to any caller identification information.

B. The provisions of this section shall not apply to:

1. The operator of any emergency vehicle;

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 aspart of a digital dispatch system; or

4. Any person using a handheld personal communications device to report anemergency.

C. No citation for a violation of this section shall be issued unless theofficer issuing such citation has cause to stop or arrest the driver of suchmotor vehicle for the violation of some other provision of this Code or localordinance relating to the operation, ownership, or maintenance of a motorvehicle or any criminal statute.

D. A violation of any provision of this section shall constitute a trafficinfraction punishable, for a first offense, by a fine of $20 and, for asecond or subsequent offense, by a fine of $50.

For the purposes of this section, "emergency vehicle" means:

1. Any law-enforcement vehicle operated by or under the direction of afederal, state, or local law-enforcement officer while engaged in theperformance of official duties;

2. Any regional detention center vehicle operated by or under the directionof a correctional officer responding to an emergency call or operating in anemergency situation;

3. Any vehicle used to fight fire, including publicly owned state forestwarden vehicles, when traveling in response to a fire alarm or emergency call;

4. Any ambulance, rescue, or life-saving vehicle designed or used for theprincipal purpose of supplying resuscitation or emergency relief where humanlife is endangered;

5. Any Department of Emergency Management vehicle or Office of EmergencyMedical Services vehicle, when responding to an emergency call or operatingin an emergency situation;

6. Any Department of Corrections vehicle designated by the Director of theDepartment of Corrections, when (i) responding to an emergency call at acorrectional facility, (ii) participating in a drug-related investigation,(iii) pursuing escapees from a correctional facility, or (iv) responding to arequest for assistance from a law-enforcement officer; and

7. Any vehicle authorized to be equipped with alternating, blinking, orflashing red or red and white secondary warning lights pursuant to §46.2-1029.2.

(2009, c. 661.)

State Codes and Statutes

Statutes > Virginia > Title-46-2 > Chapter-10 > 46-2-1078-1

§ 46.2-1078.1. Use of handheld personal communications devices in certainmotor vehicles; exceptions; penalty.

A. It shall be unlawful for any person to operate a moving motor vehicle onthe highways in the Commonwealth while using any handheld personalcommunications device to:

1. Manually enter multiple letters or text in the device as a means ofcommunicating with another person; or

2. Read any email or text message transmitted to the device or stored withinthe device, provided that this prohibition shall not apply to any name ornumber stored in the device nor to any caller identification information.

B. The provisions of this section shall not apply to:

1. The operator of any emergency vehicle;

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 aspart of a digital dispatch system; or

4. Any person using a handheld personal communications device to report anemergency.

C. No citation for a violation of this section shall be issued unless theofficer issuing such citation has cause to stop or arrest the driver of suchmotor vehicle for the violation of some other provision of this Code or localordinance relating to the operation, ownership, or maintenance of a motorvehicle or any criminal statute.

D. A violation of any provision of this section shall constitute a trafficinfraction punishable, for a first offense, by a fine of $20 and, for asecond or subsequent offense, by a fine of $50.

For the purposes of this section, "emergency vehicle" means:

1. Any law-enforcement vehicle operated by or under the direction of afederal, state, or local law-enforcement officer while engaged in theperformance of official duties;

2. Any regional detention center vehicle operated by or under the directionof a correctional officer responding to an emergency call or operating in anemergency situation;

3. Any vehicle used to fight fire, including publicly owned state forestwarden vehicles, when traveling in response to a fire alarm or emergency call;

4. Any ambulance, rescue, or life-saving vehicle designed or used for theprincipal purpose of supplying resuscitation or emergency relief where humanlife is endangered;

5. Any Department of Emergency Management vehicle or Office of EmergencyMedical Services vehicle, when responding to an emergency call or operatingin an emergency situation;

6. Any Department of Corrections vehicle designated by the Director of theDepartment of Corrections, when (i) responding to an emergency call at acorrectional facility, (ii) participating in a drug-related investigation,(iii) pursuing escapees from a correctional facility, or (iv) responding to arequest for assistance from a law-enforcement officer; and

7. Any vehicle authorized to be equipped with alternating, blinking, orflashing red or red and white secondary warning lights pursuant to §46.2-1029.2.

(2009, c. 661.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-46-2 > Chapter-10 > 46-2-1078-1

§ 46.2-1078.1. Use of handheld personal communications devices in certainmotor vehicles; exceptions; penalty.

A. It shall be unlawful for any person to operate a moving motor vehicle onthe highways in the Commonwealth while using any handheld personalcommunications device to:

1. Manually enter multiple letters or text in the device as a means ofcommunicating with another person; or

2. Read any email or text message transmitted to the device or stored withinthe device, provided that this prohibition shall not apply to any name ornumber stored in the device nor to any caller identification information.

B. The provisions of this section shall not apply to:

1. The operator of any emergency vehicle;

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 aspart of a digital dispatch system; or

4. Any person using a handheld personal communications device to report anemergency.

C. No citation for a violation of this section shall be issued unless theofficer issuing such citation has cause to stop or arrest the driver of suchmotor vehicle for the violation of some other provision of this Code or localordinance relating to the operation, ownership, or maintenance of a motorvehicle or any criminal statute.

D. A violation of any provision of this section shall constitute a trafficinfraction punishable, for a first offense, by a fine of $20 and, for asecond or subsequent offense, by a fine of $50.

For the purposes of this section, "emergency vehicle" means:

1. Any law-enforcement vehicle operated by or under the direction of afederal, state, or local law-enforcement officer while engaged in theperformance of official duties;

2. Any regional detention center vehicle operated by or under the directionof a correctional officer responding to an emergency call or operating in anemergency situation;

3. Any vehicle used to fight fire, including publicly owned state forestwarden vehicles, when traveling in response to a fire alarm or emergency call;

4. Any ambulance, rescue, or life-saving vehicle designed or used for theprincipal purpose of supplying resuscitation or emergency relief where humanlife is endangered;

5. Any Department of Emergency Management vehicle or Office of EmergencyMedical Services vehicle, when responding to an emergency call or operatingin an emergency situation;

6. Any Department of Corrections vehicle designated by the Director of theDepartment of Corrections, when (i) responding to an emergency call at acorrectional facility, (ii) participating in a drug-related investigation,(iii) pursuing escapees from a correctional facility, or (iv) responding to arequest for assistance from a law-enforcement officer; and

7. Any vehicle authorized to be equipped with alternating, blinking, orflashing red or red and white secondary warning lights pursuant to §46.2-1029.2.

(2009, c. 661.)