Virginia: Cell phone laws, legislation
Last updated: January 26, 2012 · Print this report · Comment
Distracted driving news: The Militia, Police and Public Safety Committee wasted no time in shooting down all of the distracted driving bills filed in the House for 2012. A subcommittee decided Jan. 26 not to report the handful of bills, meaning they most likely are done for the year.
The House Militia, Police and Public Safety Committee has been a burial ground for distracted driving legislation during the past three sessions.
The Senate Transportation Committee approved a pair of distracted driving bills Jan. 18. Both would apply primary enforcement to existing bans. Sen. George Barker’s measures now move to the full Senate.
At least 10 distracted driving measures were filed for the 2012 legislative session. Three seek to prohibit use of handheld cell phones and five would give primary enforcement status to the text messaging law. One unusual bill includes a ban on personal grooming and reaching for objects not within an arm’s distance. Another would create a blanket offense of doing something other than driving safely.
Current prohibitions:
- All drivers are banned from text messaging. $20 fine (first offense) then $50.
- 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
Read the laws: Texting and driving | teen drivers.
Virginia distracted driving notes (2012):
A subcommittee of the House Militia, Police and Public Safety Committee took up eight distracted driving bills on Jan. 26, but reported out (advanced) none of them. This was a rerun of the past two legislative sessions. Subcommittee chairman Del. Ben Cline said he preferred to see distracted driving enforced under existing reckless driving statutes. “We need to refocus the attention of law enforcement and our judges” on reckless driving behaviors, said Cline, R-Rockbridge. Four of the five subcommittee members are Republicans.
Sen. George Barker, D-Fairfax, saw his pair of distracted driving bills approved by the Senate Transportation Committee on Jan. 18. They now move to the full Senate. “This could be the year,” Barker said at the hearing.
Del. Bobby Orrock has filed a bill that would make most forms of distracted driving subject to primary enforcement. “We need to look at it in the full context,” said Orrock, R-Caroline, who cites “texting, putting on makeup, snarfing down a cheeseburger, whatever” as examples of distracted driving. His legislation, HB 532, failed to make it out of committee. Del. Vivian Watts, D-Fairfax, filed a similar but more specific plan, HB 415, that also failed to advance. (Both bills below.)
2012 distracted driving legislation:
Senate Bill 219: Would make text messaging while driving a primary offense. Approved by the Senate Transportation Committee on Jan. 18 in an 8-5-1 vote. (Barker)
SB 210: Would apply primary enforcement to the existing offense of texting or use of a cell phone by a provisional driver. Currently secondary enforcement. Approved by the Senate Transportation Committee in an 11-3 vote on Jan. 18. (Barker)
House Bill 394: Would ban use of handheld personal communications devices while driving, notably cell phones. Includes bicycle riders. Primary enforcement. Fine: $20 then $50. Considered but not advanced by a House Militia, Police and Public Safety subcommittee on Jan. 26. Probably dead. (Howell)
HB 404: Restricts use of handheld personal communications devices to making and receiving cell phone calls. Secondary enforcement. Fines: $20 then $50.Considered but not advanced by a House Militia, Police and Public Safety subcommittee on Jan. 26. Probably dead. (Torian)
HB 415: Would require use of hands-free devices in order to make or receive cell phone calls or to read text messages while driving. Would bar drivers from searching for items that are not “immediate arm’s reach.” Would prohibit attending to personal hygiene or grooming while driving. Secondary enforcement. Fines: $40 then $100. Considered but not advanced by a House Militia, Police and Public Safety subcommittee on Jan. 26. Probably dead. (Watts)
HB 497: Would ban use of handheld personal communications devices while driving, notably cell phones. Includes bicycle riders. Primary enforcement. Fine: $20 then $50. Similar to HB 394, above. Considered but not advanced by a House Militia, Police and Public Safety subcommittee on Jan. 26. Probably dead. (Dance)
HB 532: Would create offense of “operation of a motor vehicle while engaged in other activities” that impair the ability to drive safely. Primary enforcement. Considered but not advanced by a House Militia, Police and Public Safety subcommittee on Jan. 26. Probably dead.(Orrock)
HB 652: Would remove secondary enforcement limits on Virginia’s existing ban on text messaging while driving. Police would be able to stop and cite offenders for that reason alone. Considered but not advanced by a House Militia, Police and Public Safety subcommittee on Jan. 26. Probably dead. (Kory, Albo, Bulova, Watts)
HB 874: Would make text messaging while driving a primary offense. Considered but not advanced by a House Militia, Police and Public Safety subcommittee on Jan. 26. Probably dead. (Rust)
HB 1053: Would make texting and driving a primary offense. Considered but not advanced by a House Militia, Police and Public Safety subcommittee on Jan. 26. Probably dead. (Anderson)
2011 distracted driving notes:
All efforts to put teeth in Virginia’s distracted driving laws failed in 2011 as no bill made it beyond the House and Senate committees. The House Committee on Militia, Police and Public Safety has rejected numerous distracted driving measures.
Fairfax County’s nine-month crackdown on distracted driving netted almost a 50 percent increase in citations vs. the same period a year ago. The sweep, which ran concurrent with the school year, yielded about 6,900 tickets in 2010-11, compared with 4,670 in 2009-2010. Police camped out in “unorthodox” locations seeking distracted driving offenders.
Fairfax police, “frustrated by a toothless (texting and driving) law that the Virginia legislature passed (in 2009),” are instead attacking distracted driving under an older law against failure to pay attention while behind the wheel.
Also, the Fairfax County police are conducting an online survey about distracted driving, seeking information on public attitudes and behaviors.
Legislation failures: “It’s a great disappointment and it’s a blow to traffic safety in the state of Virginia,” AAA Mid-Atlantic rep John Townsend said upon hearing that all distracted driving bills in Virginia have been rejected in 2011.
The House’s Militia, Police and Public Safety Committee has been a burial ground for distracted driving legislation during the past two sessions. This year’s crop of bills from representatives and senators all failed to advance beyond that panel. The Senate bills mirrored its 2010 legislation, also killed by the committee.
The Daily Press of Newport News commented that the House committee ” — filled with libertarian, ‘government-hands-off’ politicians — has been the killing field for lots of public safety bills over the years.”
Martha Meade, a spokeswoman for AAA Virginia, knew that getting distracted driving legislation through the General Assembly would be “quite an uphill battle.”
The Senate’s 2011 bills sought to toughen the existing distracted driving laws by making them subject to primary enforcement. One would have outlawed use of handheld cell phones while operating a motor vehicle.
At least seven bills targeting distracted driving were in the hopper in the House of Delegates, but all died. Two sought to ban handheld cell phone use by drivers (in addition to text messaging). Three planned to upgrade the existing Virginia text messaging law to primary enforcement, meaning police can stop and cite motorists for that reason alone.
More than 100 Virginia businesses have vowed to observed the “Orange Cones. No Phones.” employer safety pledge developed by Transurban-Fluor and AAA Mid-Atlantic. The campaign seeks to protect workers on the Capital Beltway HOT Lanes Project and the Dulles Metrorail Project.
2011 distracted driving legislation (dead):
Senate Bill 1042: Would make text messaging while driving a primary offense. Approved by the Virginia Senate on Feb. 8, in a 28-11 vote. Latest action: Rejected by the Committee on Militia, Police and Public Safety on Feb. 17. (Barker)
SB 1047: Seeks primary enforcement status for current law that prohibits drivers under the age of 18 from using cell phones or text messaging. Approved by the state Senate on Feb. 8, in a 33-7 vote. Latest action: Rejected by the Committee on Militia, Police and Public Safety on Feb. 17. (Barker)
SB 1351: Would outlaw use of handheld cell phones by all drivers. Hands-free OK. Seeks primary enforcement for use of wireless communications devices while driving. Fines: $100 then $200 with possible points against license. (Would apply to current penalties for text messaging.) Latest actions: OK’d by the Senate on Feb. 8, 2011, in a 26-13 vote. “Laid on the table” (killed) by the Committee on Militia, Police and Public Safety on Feb. 17. (Norment)
Virginia House Bill 1489: Would upgrade existing text messaging ban to primary enforcement status. Identical to HB 1546, below. Left on table in Militia, Police and Public Safety Committee on Feb. 8. (Spruill)
HB 1404: Seeks to extend Virginia’s text messaging ban to bicycles, mopeds. Would make violations subject to primary enforcement. Dead in committee as of Feb. 8. (Howell) View bicycles & distracted driving page.
HB 1424: Would prohibit the use of handheld cell phones by all drivers. Dead in committee as of Feb. 8. (Dance)
HB 1546: Would toughen existing text messaging ban with change from secondary to primary enforcement status. Identical to HB 1489, above. Dead in committee as of Feb. 8. (Kory)
HB 1630: Would ban cell phone use by all drivers as well as “other wireless telecommunications devices.” No provision for hands-free operation. Deletes current fine system for text messaging in favor of making violations Class C misdemeanors. Secondary enforcement. Latest action: On Jan. 20, a House subcommittee recommended no action be taken on the bill. Dead in committee as of Feb. 8. (Watts)
HJ 621: Calls for Virginia Tech Transportation Institute to study and report on “disincentives” for use of cell phones will driving. Would include primary vs. secondary enforcement and an analysis of current state laws. “Left on table” in Rules Committee as of Feb. 8. (May)
HB 2307: Doubles fines for use of handheld portable electronics if vehicle is in a highway work zone with workers present. “Left” in Militia, Police and Public Safety Committee as of Feb. 8. (Sickles)
Virginia cell phone, texting legislation notes (2010):
Fairfax County police reported that they ticketed more than 9,000 people for inattentive driving during 2010. That’s a 24 percent jump from 2009′s numbers. Fewer than 50 citations for driving and texting were written in the county last year due to the state law’s loopholes and its “secondary” enforcement status.
Text messaging continues to distract more drivers on the Capital Beltway, a survey released in mid-November 2010 found. The number of texting-distracted drivers increased by 47 percent in the past year, said AAA, which did the survey with a highway construction company. A majority of the Beltway motorists said they drove while distracted, with 53 percent talking on cell phones and 13 percent texting.
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.”
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)
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.
Virginia cell phone, texting legislation notes (archived):
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 ended 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.
i say it should be allowed to only hands free. i completely agree with Judy Russell .
Ridiculous. Let’s not confuse safety with legislators trying to get re-elected. We are not children. I’ve been driving for 26 years. I can talk on my phone and drive safely.
I am looking for information on VA HB 1546 but don’t see it on this website.
Thanks for the tip, Anne. HB 1546 is identical to HB 1489. Both seek to upgrade the text messaging ban to primary enforcement. They’re listed above under “2011 distracted driving legislation.”
this is bull**** what if people have to use navigation or even text people to find out how to get somewhere
Bob is the sort of ignorant, self centered person that this law really should apply to. I agree with an earlier post that if there is a accident caused by someone on the phone, that a charge of attempted murder should be appplied. If you really have to text or talk, your time is so important that you can’t pull over for a minute? Some of you people are really clueless! And Bob, I hope that the only person you kill or injure is yourself.
Some people can drive and talk on cell phones safely–not many mind you, but some can.
NO ONE can text and drive safely. I see more and more of this insane behaviour. Texting and driving should carry identical penaties to drunk driving.
Driving on public roads is a privilege, not a right. How many people need to be killed and maimed before we recognize this irresponsible behaviour for what it is: criminal recklessness.
[...] Virginia Laws [...]
you all stupid if you think using cell phones in cars are cool if you need directions or crap just pull over and ask someone for them, and if you can’t do that you can always put the phone on speaker, boo hoo so its a little fizzy, i think you can put up with it for a little while. also gps systems tell you when to turn, you don’t have to look at it constantly. peace out!
Distracted driving laws are already in place in Virginia (“The Washington Post reported that Fairfax police were … using an older law against failure to pay attention while driving” –see above).
The danger of texting or talking on a phone is losing the necessary concentration to safely operate a vehicle, not the inherent act of using a phone. There are millions of Americans who safely text and talk on the roads everyday. Those who become distracted to the point that they are unsafe indeed deserve a ticket, and can be issued one under the current distracted driving law.
To say that any texting or talking is categorically unsafe is the kind of over-simplification sought by weaker intellects; perhaps those very people who lack the ability to safely multi-task.
If a driver is not operating their vehicle safely, they deserve a ticket, regardless of the source of their distraction. Conversely, if a driver is able to operate their vehicle safely, it should not matter what else they are doing. Every driver has a responsibility to be safe, and those that fail to meet that responsibility can, and should be punished under existing laws.
I think it’s a great idea TO NOT TEXT OR USE YOUR CELL PHONE WHILE DRIVING! But is it against the law, yet? I understand it is for teens but how about adults?
Linda: There is no Virginia law against adults using cell phones while driving.
From the Virginia Baptist Church Sign:
“HONK IF YOU LOVE JESUS
TEXT WHILE DRIVING IF
YOU WANT TO MEET HIM”
Will somebody please explain to me, why the legislation banning texting and cellphone use was NOT passed in Virginia?
I drive a SCHOOL BUS for FCPS. Cell phone use is PROHIBITED while driving! Why would we allow the population as a whole jeopridize themselves and others while on the phone? What message are we sending our children?
Daily I see accidents caused by DISTRACTED DRIVING. Much of this could be stopped. How many innocents must die before the OLD DOMINION gets a brain?
If you can’t wait until you get home, then it must not be inportant enogh to pull over and make a call back to them. The same way texting is a life worth it. You can not do driving, and talking on cell phone,or texting at the same time!!!!!!!