§ 46.2-341.20:6 Prohibition on requiring use of handheld mobile telephone or texting; motor carrier penalty
No motor carrier shall allow or require its drivers to use a handheld mobile telephone or to text while driving a commercial motor vehicle. Motor carriers violating this section are subject to a civil penalty not to exceed $11,000. Civil penalties collected under this section shall be deposited into the Highway Maintenance and Operating Fund established pursuant to § 33.2-1530. Pursuant to 49 C.F.R. § 386.81, the determination of the actual civil penalties assessed is based on consideration of information available at the time the claim is made concerning the nature and gravity of the violation and, with respect to the violator, the degree of culpability, history of prior offenses, ability to pay, effect on ability to continue to do business, and such other matters as justice and public safety may require. “Driving,” “mobile telephone,” “texting,” and “use a handheld mobile telephone” have the same meanings as assigned to them in § 46.2-341.20:5.
History
This law was first created in 2014. The record of its establishment is cataloged in chapters 77 and 803 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. That modification is as follows: in 2020, chapters 1230 and 1275.
2014, cc. 77, 803; 2020, cc. 1230, 1275.