{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-341.20_5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-341.20_5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-341.20_5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-341.20_5.html"}],"law_id":58898,"edition_id":1,"section_id":58898,"structure_id":13626,"section_number":"46.2-341.20:5","catch_line":"Prohibition on texting and use of handheld mobile telephone; penalties","history":"2013, cc. 165, 582; 2014, cc. 77, 803; 2020, cc. 1230, 1275.","full_text":"A\n\nNo person driving a commercial motor vehicle shall text or use a handheld mobile telephone while driving such vehicle. A driver who violates this section is subject to a civil penalty not to exceed $2,750. 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.B\n\nNotwithstanding the definition of commercial motor vehicle in § 46.2-341.4, this section shall apply to any driver who drives a vehicle designed or used to transport between nine and 15 passengers, including the driver, not for direct compensation.C\n\nThe provisions of this section shall not apply to drivers who are texting or using a handheld mobile telephone when necessary to communicate with law-enforcement officials or other emergency services.D\n\nThe following words and phrases when used in this section only shall have the meanings respectively ascribed to them in this section except in those instances where the context clearly indicates a different meaning:\n\t\t\t“Driving” means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of or off a highway and has halted in a location where the vehicle can safely remain stationary.\n\t\t\t“Mobile telephone” means a mobile communication device that falls under or uses any commercial mobile radio service, as defined in regulations of the Federal Communications Commission, 47 C.F.R. § 20.3. “Mobile telephone” does not include two-way or citizens band radio services.\n\t\t\t“Texting” means manually entering alphanumeric text into, or reading text from, an electronic device. This action includes, but is not limited to, short message service, emailing, instant messaging, a command or request to access a website, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry for present or future communication. “Texting” does not include inputting, selecting, or reading information on a global positioning system or navigation system; pressing a single button to initiate or terminate a voice communication using a telephone; or using a device capable of performing multiple functions (e.g., fleet management systems, dispatching devices, smartphones, citizens band radios, music players, etc.) for a purpose that is not otherwise prohibited in this section.\n\t\t\t“Use a handheld mobile telephone” means using at least one hand to hold a mobile telephone to conduct a voice communication; dialing or answering a mobile telephone by pressing more than a single button; or reaching for a mobile telephone in a manner that requires a driver to maneuver so that he is no longer in a seated driving position, restrained by a seat belt that is installed in accordance with 49 C.F.R. § 393.93 and adjusted in accordance with the vehicle manufacturer’s instructions.","order_by":null,"text":{"0":{"id":215962,"text":"No person driving a commercial motor vehicle shall text or use a handheld mobile telephone while driving such vehicle. A driver who violates this section is subject to a civil penalty not to exceed $2,750. 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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":215963,"text":"Notwithstanding the definition of commercial motor vehicle in § 46.2-341.4, this section shall apply to any driver who drives a vehicle designed or used to transport between nine and 15 passengers, including the driver, not for direct compensation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":215964,"text":"The provisions of this section shall not apply to drivers who are texting or using a handheld mobile telephone when necessary to communicate with law-enforcement officials or other emergency services.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":215965,"text":"The following words and phrases when used in this section only shall have the meanings respectively ascribed to them in this section except in those instances where the context clearly indicates a different meaning:\n\t\t\t“Driving” means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of or off a highway and has halted in a location where the vehicle can safely remain stationary.\n\t\t\t“Mobile telephone” means a mobile communication device that falls under or uses any commercial mobile radio service, as defined in regulations of the Federal Communications Commission, 47 C.F.R. § 20.3. “Mobile telephone” does not include two-way or citizens band radio services.\n\t\t\t“Texting” means manually entering alphanumeric text into, or reading text from, an electronic device. This action includes, but is not limited to, short message service, emailing, instant messaging, a command or request to access a website, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry for present or future communication. “Texting” does not include inputting, selecting, or reading information on a global positioning system or navigation system; pressing a single button to initiate or terminate a voice communication using a telephone; or using a device capable of performing multiple functions (e.g., fleet management systems, dispatching devices, smartphones, citizens band radios, music players, etc.) for a purpose that is not otherwise prohibited in this section.\n\t\t\t“Use a handheld mobile telephone” means using at least one hand to hold a mobile telephone to conduct a voice communication; dialing or answering a mobile telephone by pressing more than a single button; or reaching for a mobile telephone in a manner that requires a driver to maneuver so that he is no longer in a seated driving position, restrained by a seat belt that is installed in accordance with 49 C.F.R. § 393.93 and adjusted in accordance with the vehicle manufacturer’s instructions.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13626,"edition_id":1,"name":"Commercial Driver's Licenses","identifier":"6.1","label":"article","depth":4,"order_by":1,"parent_id":12772,"metadata":{},"date_created":"2026-06-26 03:45:24","date_modified":"2026-06-26 03:45:24","permalink":{"id":226575,"object_type":"structure","relational_id":13626,"identifier":"6.1","token":"46.2\/II\/3\/6.1","url":"\/46.2\/II\/3\/6.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12772,"edition_id":1,"name":"Licensure of Drivers","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12771,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225629,"object_type":"structure","relational_id":12772,"identifier":"3","token":"46.2\/II\/3","url":"\/46.2\/II\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12771,"edition_id":1,"name":"Titling, Registration and Licensure","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225627,"object_type":"structure","relational_id":12771,"identifier":"II","token":"46.2\/II","url":"\/46.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":62139,"structure_id":13626,"section_number":"46.2-341.1","catch_line":"Title","url":"\/46.2-341.1\/","token":"46.2\/II\/3\/6.1\/46.2-341.1","metadata":false},{"id":86072,"structure_id":13626,"section_number":"46.2-341.10","catch_line":"Special provisions relating to commercial learner's permit","url":"\/46.2-341.10\/","token":"46.2\/II\/3\/6.1\/46.2-341.10","metadata":false},{"id":55427,"structure_id":13626,"section_number":"46.2-341.10:1","catch_line":"Seasonal restricted commercial drivers' licenses","url":"\/46.2-341.10_1\/","token":"46.2\/II\/3\/6.1\/46.2-341.10_1","metadata":false},{"id":80884,"structure_id":13626,"section_number":"46.2-341.11","catch_line":"Commercial drivers required to notify the Department of change of address","url":"\/46.2-341.11\/","token":"46.2\/II\/3\/6.1\/46.2-341.11","metadata":false},{"id":72843,"structure_id":13626,"section_number":"46.2-341.12","catch_line":"Application for commercial driver's license or commercial learner's permit","url":"\/46.2-341.12\/","token":"46.2\/II\/3\/6.1\/46.2-341.12","metadata":false},{"id":69557,"structure_id":13626,"section_number":"46.2-341.13","catch_line":"Disposition of fees","url":"\/46.2-341.13\/","token":"46.2\/II\/3\/6.1\/46.2-341.13","metadata":false},{"id":56197,"structure_id":13626,"section_number":"46.2-341.14","catch_line":"Testing requirements for commercial driver's license; 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penalty","url":"\/46.2-341.7\/","token":"46.2\/II\/3\/6.1\/46.2-341.7","metadata":false},{"id":81320,"structure_id":13626,"section_number":"46.2-341.8","catch_line":"Nonresidents and new residents","url":"\/46.2-341.8\/","token":"46.2\/II\/3\/6.1\/46.2-341.8","metadata":false},{"id":67339,"structure_id":13626,"section_number":"46.2-341.9","catch_line":"Eligibility for commercial driver's license or commercial learner's permit","url":"\/46.2-341.9\/","token":"46.2\/II\/3\/6.1\/46.2-341.9","metadata":false},{"id":84925,"structure_id":13626,"section_number":"46.2-341.9:01","catch_line":"Specialized training required","url":"\/46.2-341.9_01\/","token":"46.2\/II\/3\/6.1\/46.2-341.9_01","metadata":false},{"id":75974,"structure_id":13626,"section_number":"46.2-341.9:1","catch_line":"Commissioner to grant variances for commercial drivers transporting hazardous wastes","url":"\/46.2-341.9_1\/","token":"46.2\/II\/3\/6.1\/46.2-341.9_1","metadata":false}],"previous_section":{"id":73013,"structure_id":13626,"section_number":"46.2-341.20:4","catch_line":"Disqualification of driver convicted of fraud related to the testing and issuance of a commercial learner's permit or commercial driver's license","url":"\/46.2-341.20_4\/","token":"46.2\/II\/3\/6.1\/46.2-341.20_4","metadata":false},"next_section":{"id":68384,"structure_id":13626,"section_number":"46.2-341.20:6","catch_line":"Prohibition on requiring use of handheld mobile telephone or texting; motor carrier penalty","url":"\/46.2-341.20_6\/","token":"46.2\/II\/3\/6.1\/46.2-341.20_6","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-341.20:5\/","history_text":"

This law was first created in 2013. The record of its establishment is cataloged in chapters 165<\/a> and 582<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2014, chapters 77<\/a> and 803<\/a>; in 2020, chapters 1230<\/a> and 1275<\/a>.<\/p>","references":[{"id":81766,"section_number":"46.2-341.20","catch_line":"Disqualification for multiple serious traffic violations","order_by":null,"url":"\/46.2-341.20\/"},{"id":68384,"section_number":"46.2-341.20:6","catch_line":"Prohibition on requiring use of handheld mobile telephone or texting; motor carrier penalty","order_by":null,"url":"\/46.2-341.20_6\/"}],"refers_to":[{"id":67094,"section_number":"33.2-1530","catch_line":"Highway Maintenance and Operating Fund","order_by":null,"url":"\/33.2-1530\/"},{"id":66116,"section_number":"46.2-341.4","catch_line":"Definitions","order_by":null,"url":"\/46.2-341.4\/"}],"permalink":{"id":226713,"object_type":"law","relational_id":58898,"identifier":"46.2-341.20:5","token":"46.2\/II\/3\/6.1\/46.2-341.20_5","url":"\/46.2-341.20_5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-341.20_5\/","token":"46.2\/II\/3\/6.1\/46.2-341.20_5","dublin_core":{"Title":"Prohibition on texting and use of handheld mobile telephone; penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-341.20:5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No person<\/span> driving<\/span> a commercial motor vehicle<\/span> shall text or use a handheld mobile telephone<\/span> while driving<\/span> such vehicle. A driver<\/span> who violates this section is subject to a civil penalty<\/span> not to exceed $2,750. Civil penalties collected under this section shall be deposited into the Highway<\/span> Maintenance and Operating Fund established pursuant to § 33.2-1530<\/a>. 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<\/span>, ability to pay, effect on ability to continue to do business, and such other matters as justice and public safety may require. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding the definition of commercial motor vehicle<\/span> in § 46.2-341.4<\/a>, this section shall apply to any driver<\/span> who drives a vehicle designed or used to transport between nine and 15 passengers, including the driver<\/span>, not for direct compensation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The provisions of this section shall not apply to drivers<\/span> who are texting<\/span> or using a handheld mobile telephone when necessary to communicate with law<\/span>-enforcement officials or other emergency services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The following words and phrases when used in this section only shall have the meanings respectively ascribed to them in this section except in those instances where the context clearly indicates a different meaning:\n\t\t\t“Driving<\/span>” means operating a commercial motor vehicle<\/span> on a highway<\/span>, including while temporarily stationary because of traffic, a traffic control device<\/span>, or other momentary delays. Driving<\/span> does not include operating a commercial motor vehicle<\/span> when the driver<\/span> has moved the vehicle to the side of or off a highway<\/span> and has halted in a location where the vehicle can safely remain stationary.\n\t\t\t“Mobile telephone” means a mobile communication device that falls under or uses any commercial mobile radio service, as defined in regulations of the Federal Communications Commission<\/span>, 47 C.F.R. § 20.3. “Mobile telephone” does not include two-way or citizens band radio services.\n\t\t\t“Texting<\/span>” means manually entering alphanumeric text into, or reading text from, an electronic device. This action includes, but is not limited to, short message service, emailing, instant messaging, a command or request to access a website, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry for present or future communication. “Texting<\/span>” does not include inputting, selecting, or reading information on a global positioning system or navigation system; pressing a single button to initiate or terminate a voice communication using a telephone; or using a device capable of performing multiple functions (e.g., fleet management systems, dispatching devices, smartphones, citizens band radios, music players, etc.) for a purpose that is not otherwise prohibited in this section.\n\t\t\t“Use a handheld mobile telephone<\/span>” means using at least one hand to hold a mobile telephone to conduct a voice communication; dialing or answering a mobile telephone by pressing more than a single button; or reaching for a mobile telephone in a manner that requires a driver<\/span> to maneuver so that he is no longer in a seated driving<\/span> position, restrained by a seat belt that is installed in accordance with 49 C.F.R. § 393.93 and adjusted in accordance with the vehicle manufacturer’s instructions. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROHIBITION ON TEXTING AND USE OF HANDHELD MOBILE TELEPHONE; PENALTIES (\u00a7\n46.2-341.20:5)\n\nA. No person driving a commercial motor vehicle shall text or use a handheld\nmobile telephone while driving such vehicle. A driver who violates this section\nis subject to a civil penalty not to exceed $2,750. Civil penalties collected\nunder this section shall be deposited into the Highway Maintenance and Operating\nFund established pursuant to § 33.2-1530. Pursuant to 49 C.F.R. §\n386.81, the determination of the actual civil penalties assessed is based on\nconsideration of information available at the time the claim is made concerning\nthe nature and gravity of the violation and, with respect to the violator, the\ndegree of culpability, history of prior offenses, ability to pay, effect on\nability to continue to do business, and such other matters as justice and public\nsafety may require.\n\nB. Notwithstanding the definition of commercial motor vehicle in §\n46.2-341.4, this section shall apply to any driver who drives a vehicle designed\nor used to transport between nine and 15 passengers, including the driver, not\nfor direct compensation.\n\nC. The provisions of this section shall not apply to drivers who are texting or\nusing a handheld mobile telephone when necessary to communicate with\nlaw-enforcement officials or other emergency services.\n\nD. The following words and phrases when used in this section only shall have the\nmeanings respectively ascribed to them in this section except in those instances\nwhere the context clearly indicates a different meaning:\n\t\t\t“Driving” means operating a commercial motor vehicle on a\nhighway, including while temporarily stationary because of traffic, a traffic\ncontrol device, or other momentary delays. Driving does not include operating a\ncommercial motor vehicle when the driver has moved the vehicle to the side of or\noff a highway and has halted in a location where the vehicle can safely remain\nstationary.\n\t\t\t“Mobile telephone” means a mobile communication device that falls\nunder or uses any commercial mobile radio service, as defined in regulations of\nthe Federal Communications Commission, 47 C.F.R. § 20.3. “Mobile\ntelephone” does not include two-way or citizens band radio services.\n\t\t\t“Texting” means manually entering alphanumeric text into, or\nreading text from, an electronic device. This action includes, but is not\nlimited to, short message service, emailing, instant messaging, a command or\nrequest to access a website, pressing more than a single button to initiate or\nterminate a voice communication using a mobile telephone, or engaging in any\nother form of electronic text retrieval or entry for present or future\ncommunication. “Texting” does not include inputting, selecting, or\nreading information on a global positioning system or navigation system;\npressing a single button to initiate or terminate a voice communication using a\ntelephone; or using a device capable of performing multiple functions (e.g.,\nfleet management systems, dispatching devices, smartphones, citizens band\nradios, music players, etc.) for a purpose that is not otherwise prohibited in\nthis section.\n\t\t\t“Use a handheld mobile telephone” means using at least one hand\nto hold a mobile telephone to conduct a voice communication; dialing or\nanswering a mobile telephone by pressing more than a single button; or reaching\nfor a mobile telephone in a manner that requires a driver to maneuver so that he\nis no longer in a seated driving position, restrained by a seat belt that is\ninstalled in accordance with 49 C.F.R. § 393.93 and adjusted in accordance\nwith the vehicle manufacturer’s instructions.\n\nHISTORY: 2013, cc. 165, 582; 2014, cc. 77, 803; 2020, cc. 1230, 1275.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}