Beginning July 1st, 2020, it became illegal to hold a handheld personal communications device (e.g., a smart phone) while driving a moving motor vehicle on the highways in Virginia. Although the new law was not immediately enforced, beginning January 1st, 2021, the law is in effect and will be enforced by police.
There are a few limited exceptions to the rules:
- An mobile user who is lawfully parked or stopped;
- The operator of any emergency vehicle while he is engaged in the performance of his official duties;
- Any person using a handheld personal communications device to report an emergency;
- The use of an amateur or a citizens band radio; or
- The operator of any Department of Transportation vehicle or vehicle operated pursuant to the Department of Transportation safety service patrol program or pursuant to a contract with the Department of Transportation for, or that includes, traffic incident management services as defined in subsection B of § 46.2-920.1 during the performance of traffic incident management services.
Violating the law is punishable, for a first offense, by a fine of $125 and, for a second or subsequent offense, by a fine of $250. Breaking the law in a highway work zone is punishable by a mandatory $250 fine, even for a first offense.
Previous law only restricted texting and emailing while driving, but phone use was otherwise unrestricted, except in highway work zones. Holding a phone while driving is a primary offense, which means police can pull drivers over for that alone.
The Virginia DMV estimates that 15% of all fatal crashes were distraction-related in 2018, although the bureau reckons that this number is likely understated as distraction is sometimes difficult to measure in the event of a fatality. Fairfax County is a leading jurisdiction for total distracted driving fatalities, topped only by Prince William County, and Fairfax has the highest number of distracted driving injury crashes.
Frequently asked questions:
Q: If it’s illegal to hold a phone while driving, why do I see people doing it all the time? Why aren’t the police stopping drivers?
A: Although the new law was passed as of July 1st, 2020, it became effective on January 1st, 2021, to allow an education period for drivers to learn about the law. As of now, police will be enforcing the law.
Q: How will drivers learn about the new law?
A: The General Assembly mandated that existing traffic safety organizations were to develop and provide educational materials to the public regarding the provisions of this act prior to its effective date. Messaging through social and digital media, publications, news stories and columns, and public service announcements will carry educational messaging.
Q: Can I hold my cellphone in my hand while driving?
A: It is illegal for a driver to operate a motor vehicle while holding a cellphone or mobile device. It doesn’t matter what you are doing with the device — the act of just holding it while driving is outlawed.
Q: Can I talk on my cellphone while driving?
A: Yes, but you may not hold the phone.
For those drivers who believe they must be able to make or receive calls here are some acceptable alternatives:
- Use a Bluetooth ear piece for hands-free talking;
- Use headphones with a build-in microphone, however, Virginia law states that drivers may only use one ear bud while driving. Virginia authorities note that a driver is just as likely to be involved in a collision while using a hands-free headset;
- Connect the mobile phone to the vehicle’s audio system via Bluetooth, if so equipped;
- Have a passenger make or answer calls and hold the phone, and use the phone’s speaker to converse;
- Use a cell phone mount.