Virginia Cell Phone Laws Updated for 2019

The Virginia Senate and House of Representatives once again failed to pass a handheld cell phone law for 2019. That means that Virginia drivers can continue to drive distracted. Current Virginia law only bans texting while driving and it is nearly impossible to police. Virginia law 46.2-1078.1 reads:

§ 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.

As written, there is no blanket prohibition on using your cell phone while driving. The law prohibits manual entry of letters or text in the device to communicate to one another. In addition, you cannot read an email or text.

How are the Virginia police going to police this? What if you are playing a video game on your phone? What if you are entering words into Google Maps? There are a million ways to enter words or text that have nothing to do with texting or reading an email or text message.

The only way that the police could enforce this law is if someone ADMITS they were breaking the law, or if somehow the police witness texting at a traffic stop. In the meantime, Virginia drivers continue to drive distracted.

Both the Virginia House of Delegates and the Virginia Senate realize the need to change the Virginia cell phone law. In 2019 there are too many fatalities on the road. The Virginia House of Delegates drafted a bill that would ban handheld cell phone use. However, the Virginia Senate also drafted their own bill. The bills were not identical and neither the House of Delegates nor the Virginia Senate would compromise. As a result, BOTH bills failed.

The Virginia legislature needs to figure this out. Because every year more and more distracted drivers kill people. If you take a look around there are too many distracted drivers. And the way the Virginia texting law is written, it is almost impossible to enforce.

Anyone who is under 18 years of age will be driving on a provisional license. One of the restrictions is that you cannot use a handheld cell phone unless it is for an emergency. This makes sense. However, it only applies to minors. Once you are no longer under a provisional license then you can use your handheld cell phone while driving if it is for a permissible use.