Virginia Laws Governing Distracted Driving

Below is the state law regarding distracted driving:

46.2-1078.1. Use of handheld personal communications devices in certain motor vehicles; exceptions; penalty.

  1. 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.
    3. The provisions of this section shall not apply to:
    4. The operator of any emergency vehicle while he is engaged in the performance of his official duties;
    5. An operator who is lawfully parked or stopped;
    6. 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
    7. Any person using a handheld personal communications device to report an emergency.
    8. 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.