Bill Text: VA HB181 | 2018 | Regular Session | Amended
Bill Title: Improper driving; use of handheld communication device while driving vehicle.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2018-03-10 - Failed to pass [HB181 Detail]
Download: Virginia-2018-HB181-Amended.html
Be it enacted by the General Assembly of Virginia:
1. That §46.2-1078.1 of the Code of Virginia is amended and reenacted as follows:
§46.2-1078.1. Use of handheld personal communications devices in certain motor vehicles; exceptions; penalty.
A. 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.
B. The provisions of this section shall not apply to:
1. The operator of any emergency vehicle while he is
engaged in the performance of his official duties;
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 as part of a digital dispatch system; or
4. Any person using a handheld personal communications
device to report an emergency.
C. 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.
For the purposes of this section, "emergency
vehicle" means:
1. Any law-enforcement vehicle operated by or under the
direction of a federal, state, or local law-enforcement officer;
2. Any regional detention center vehicle operated by or
under the direction of a correctional officer responding to an emergency call
or operating in an emergency situation;
3. Any vehicle used to fight fire, including publicly owned
state forest warden vehicles, when traveling in response to a fire alarm or
emergency call;
4. Any emergency medical services vehicle designed or used
for the principal purpose of emergency medical services where human life is
endangered;
5. Any Department of Emergency Management vehicle or Office
of Emergency Medical Services vehicle, when responding to an emergency call or
operating in an emergency situation;
6. Any Department of Corrections vehicle designated by the
Director of the Department of Corrections, when (i) responding to an emergency
call at a correctional facility, (ii) participating in a drug-related
investigation, (iii) pursuing escapees from a correctional facility, or (iv)
responding to a request for assistance from a law-enforcement officer; and
7. Any vehicle authorized to be equipped with alternating,
blinking, or flashing red or red and white secondary warning lights pursuant to
§46.2-1029.2.
D. Distracted driving shall be included as a part of the
driver's license knowledge examination.
A. For purposes of this section, "highway work zone" means a construction or maintenance area that is located on or beside a highway and marked by appropriate warning signs with attached flashing lights or other traffic control devices indicating that work is in progress.
B. Any person who drives a motor vehicle on any highway while using any handheld personal communications device where such use substantially diverts the driver's attention from the operation of the motor vehicle is guilty of distracted driving. Distracted driving is a traffic infraction punishable by a fine of not more than $500. If the violation occurs in a highway work zone, it is punishable by a mandatory minimum fine of $250.
C. The provisions of this section shall not apply to an operator (i) of any emergency vehicle while he is engaged in the performance of his official duties; (ii) who is lawfully stopped or parked; (iii) using a handheld personal communications device to report an emergency; (iv) using a handheld radio-based communications device during an emergency or disaster relief operation; (v) using a factory-installed global positioning system or aftermarket global positioning system; (vi) using a wireless communication device used to transmit or receive data as part of a digital dispatch system; or (vii) activating, deactivating, or initiating a factory-installed or aftermarket-installed feature or function of the vehicle.
D. A violation of this section shall constitute a separate and distinct offense. The provisions of this section shall not preclude prosecution under any other statute.
