Virginia: Cell phone laws, legislation
Last updated: August 31, 2010 · Print this report
Cell phone, text messaging news: All distracted driving legislation before the 2010 General Assembly session failed to become law. Several sought to upgrade the current text messaging law to “primary enforcement” status, meaning law officers need no other reason to halt and cite drivers. Several bills planned to add a ban on handheld cell phones
Virginia’s 2011 legislative session begins Jan. 11.
Current prohibitions:
All drivers are banned from text messaging.
Drivers under the age of 18 are prohibited from using cell phones or text messaging.
School bus drivers are prohibited from using cell phones or text messaging
2010 legislation (dead)
Virginia Senate Bill 517: Adds use of handheld cell phones to existing texting law and upgrades enforcement to primary status. Fines from $100 to $200. Approved by the Senate on Feb. 2 but tabled by the House subcommittee on Militia, Police and Public Safety on Feb. 24. Bill dead for the year. (Norment)
Virginia House Bill 22: Would outlaw the use of any handheld personal communications device while operating a motor vehicle, bicycle, moped, etc. Fines from $20-$50. This legislation would make text messaging and related activities a primary offense, meaning law officers could pull over a driver for that reason alone (current law calls for secondary enforcement). Assigned to public safety committee, where it was “left on the table” as of Feb. 16. (Howell)
HB 58: Would add use of handheld cell phones to current law prohibiting text message. Drivers would be prohibited from using mobile phones unless a hands-free device is employed. Fines from $20-$50. Secondary enforcement. Assigned to public safety committee, where it was “left on the table” as of Feb. 16. (Dance)
HB 212: Would remove current text messaging law from secondary enforcement status. Assigned to public safety committee, where it was “left on the table” as of Feb. 16. (Bulova)
HB 221: Would make drivers using handheld cell phones guilty of careless driving if they commit another offense at the time. “Left on the table” in public safety committee on Feb. 16. (Watts)
HB 783: Would extend current text messaging law to include use of handheld cell phones. Retains secondary enforcement. If accident results, violation would be a Class 3 misdemeanor. “Left on the table” in public safety committee on Feb. 16. (LeMunyon)
Virginia Senate Bill 10: Would extend current sanctions on drivers’ use of wireless devices to include handheld cell phones. Secondary enforcement would remain. Incorporated into SB 517 (above). (Blevins)
SB 574: Would extend ban on on drivers’ use of wireless devices to include handheld cell phones. Retains secondary enforcement. Incorporated into SB 517 (above). (Ticer)
Virginia cell phone, texting legislation notes:
The House Committee on Militia, Police and Public Safety effectively killed all distracted driving legislation proposed for the 2010 session. The transportation committee spent most of its time on license plate issues.
Del. David Bulova, D-Fairfax, who introduced HB 212, says this about distracted driving enforcement: “It really does send mixed signals about whether we’re serious about enforcing this if you make it a secondary offense.” The current text messaging law “does hamstring our police officers.”
HB 58, SB 10 and a few other bills are identical. They change the wording in the current law from “handheld communications device” to “wireless telecommunications device,” basically adding cell phones to the texting law. Both would continue the secondary enforcement status of the law, meaning police could not stop or arrest motorists unless another violation was suspected.
2009 legislation:
HB 1876: Prohibits text messaging while operating a motor vehicle. Took effect July 1. Approved by the House and Senate and signed into law by Gov. Tim Kaine on March 30.
SB 1227: Would ban drivers with provisional licenses from talking or texting on cell phones, regardless of whether a hands-free device is employed. Makes violations a primary offense. Tabled by a House subcommitee on Feb. 19 after being approved by the full Senate on Feb. 9.
SB 874 — Would require that drivers use hands-free accessories when making cell phone calls. Passed by the Senate Transportation Committee on Jan. 22, 2009, in amended form, but then defeated in the Courts of Justice on a tight vote. Incorporated SB 996.
HB 1615 — Delegate Algie Howell, D-Norfolk, has prefiled legislation to the 2009 General Assembly that would ban text messaging while driving. The ban would extend to bicycles and mopeds. Incorporated into HB 1876, above.
HB 1659 — Would prohibit use of wireless telecommunications devices while operating a motor vehicle, including bicycles and mopeds, whether handheld or not. Also from Howell. Died in committee on Feb. 10.
HB 1955: Would outlaw motorists’ use of handheld phones. Tabled in committee.
HB 1769: Drivers would be banned from using cell phones unless a hands-free device is employed. Tabled in committee.
Pre-2010 Virginia cell phone, texting legislation notes:
Delegate John Cosgrove, R-Chesapeake, is the author of the text messaging legislation HB 1876. Fines for those who drive and text will be $20 and then $50 for subsequent offenses. It assumes negligence on the part of violators if an accident occurs.
A spokesman for AAA told the Examiner that the secondary status of the new texting law — meaning police would have to have another, primary reason for pulling over drivers — makes it “tantamount to telling people you can do it.” Still, he called it a “moral victory.”
Sen. Patricia Ticer, D-Alexandria, saw her cell phone legislation clear committee on a 9-6 vote before losing in the Courts of Justice on a 7-6 vote. Ticer’s bill was combined with SB 966 from Sen. Harry B. Blevins, R-Chesapeake.
Delegate Bobby Mathieson, D-Virginia Beach, a veteran of the cell phone wars, saw his HB 1955 die in committee on Feb. 10, 2009. His past efforts included HB 904.
The 2009 Regular Session convened Jan. 14, 2009. The short session ends the next month.
The younger-driver prohibitions went into effect in 2007. The prohibitions on school bus drivers became effective July 1, 2008.
“I believe this is a common-sense restriction on those new drivers who may be tempted to pay more attention to phone calls and text messages than the road, endangering themselves and other drivers,” Gov. Tim Kaine said of the 2007 law.
Virginia’s school bus cell phone/ texting law results in a primary offense; the teen driver law is a secondary offense.
The local AAA backed the 2007 legislation; some conservatives opposed the teen driving plan, saying parents should make the rules for their kids.
Due to traffic building, all drivers should not talk on cell phones.
Should be required to use wireless earpiece If cannot afford.
talk when not driving This is any age.
[...] been a good idea to text or email while driving. Here are some related rules that I found on HandsfreeInfo.com: Cell phone, text messaging news: A ban on text messaging goes into effect July 1. All legislation [...]
Talking and texting while driving is fine! People could be trying to eat and almost hit a car. Guess we should ban eating while driving too huh?
All these stupid laws
When are these laws going to be enforced i see several people daily on cell phones and texting and cutting off traffic and effecting other drivers by not paying attention. Seriously this is a major problem and penalties need to be awarded and enforced.
Having spent time in a Virginia traffic court (as a witness) and watching the judge dismiss almost every violation, I have to wonder if this isn’t something designed to keep the politicians employed and the give the masses the illusion of being “protected”.
Guess it will be illegal to have a radio or change the station while driving. I want my country back!!!!
I completely support these laws and hope they are just the beginning. After seeing the consequences of distracted driving, I believe this issue needs to be tackled as soon as possible.
I dont care what law passes if i want to talk on my cell phone i will. i see police on thier cell phones all the time. until they ban them from using them going down the road ill use mine any time i want too and ill kick anyones butt that trys to stop me. this country has gone to the dogs in a hand bag and they wonder why groups of people are poping up all over the place against the so called goverment. this is why. ill do what i want when i want to and dare them to try and stop me.
NO BODY is that important ..(.including you j.r who said you would do it no matter the law) . It is because of arrogant, irresponsible idiots like (your self ..j.r) that we ,the innoncet, have to mandate safety rules to ensure the safety of our families. As far as I am concerned…it should be Attemped murder. I have been behind you , beside you , in front of you who are talking on the phone. I see how you drive, where your attention is and mainly where it is NOT! And please remember driving in the us IS NOT YOUR CONSTITUTIONAL RIGHT …IT IS A PRIVILEGE.
What we have here on this discussion page is a spin off of the ever classic debate of rights v. duties.
I understand the focus on one’s rights as with the libertarian perspective: the fewer the laws the better; your body, your property, your decision to do with how you see fit, of course, without going so far as to infringe upon the rights of others.
On the flip side, what about the persons who strive for tougher laws to ensure road safety? As we drive down the road, we encounter countless vehicles, all with one thing in common: all have a single operator. Is it not the duty of each of those operators[drivers] to operate those vehicles in such a way that supports the system of transit, allowing the system to run smoothly?
Let’s use common sense here, folks. Before engaging in multiple activites while driving (i.e. radio channel surfing, talking on a cell phone, eating), there should be a question asked: Could this activity negatively impact my ability to operate this motor vehicle? This is a simple yes/no question that should never be answered with the assumption that one can, simply because one has done so before without negative consequence; an example would be driving under the influence of alcohol.
Let’s use common sense here, folks. The answer to this question may vary from driver to driver, situation to situation. What is good for one is not good for all. Some folks view the radio as a distraction; for others the radio is a source of tranquility with which they use to soothe their aggressive-driving tendencies.
I believe we should engage in activites that aid our ability to drive in a calm, focused manner. This will probably not be the same for every driver. Let’s use common sense here, folks. If listening to political commentators like Hannity and Colmes is something that provides you with a positive state of mind suitable for driving, by all means, good for you. If listening to that same Hannity and Colmes segment would cause you to become so aggitated that you pound on the steering wheel while yelling obscenities, then perhaps that is not the best driving situation for you. Should we talk on the phone while driving? Let’s use common sense here, folks. If you are in a heated argument with your baby-daddy about late child support, then no. Although, some calls can be completed without emotional uproar. I see no problem with those. But, again, let’s use common sense here, folks.
I believe folks are used to making decisions based on what is legal or illegal. This is an illogical method of decision making. I hope we can all agree, simply because something is not illegal, doesn’t mean it safe, nor does it mean it’s a good idea. Thus, we should use common sense to make decisions.
Many people talk on cell phones while driving, without using common sense. This has caused enough accidents to invoke legislation against such use. I believe the logic behind the hands-free effort is the notion that our attention lies within our hands and eyes; where our hands and eyes go, our minds follow. If we take our hands off the steering wheel, and our minds off the road, who is driving our vehicles? No one. That’s how accidents occur.
So, let’s use common sense here, folks. Our right to do what ever we want while driving is now being limited because many of us neglect to ask ourselves if what we want to do while driving can impare our ability to drive. Many of us have failed to meet our duties to society, even after being given statistics on cell phone use in relation to motor vehicle accidents. Personally, I gladly surrender my right to talk on my cell phone while driving, because my duty to be a safe driver is more important.
I just want to know is it or is it not illegal in the state of Virginia to talk on a cell phone while driveing? My office is split 50/50 some say yes it is illegal if not hands free and some say it isn’t. I can’t find a straight answer.