{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-818.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-818.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-818.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-818.2.html"}],"law_id":75401,"edition_id":1,"section_id":75401,"structure_id":12919,"section_number":"46.2-818.2","catch_line":"Use of handheld personal communications devices in certain motor vehicles; exceptions; penalty","history":"2020, cc. 250, 543; 2023, cc. 557, 558.","full_text":"A\n\nIt is unlawful for any person, while driving a moving motor vehicle on the highways in the Commonwealth, to hold a handheld personal communications device.B\n\nThe provisions of this section shall not apply to:1\n\nThe operator of any emergency vehicle while he is engaged in the performance of his official duties;2\n\nAn operator who is lawfully parked or stopped;3\n\nAny person using a handheld personal communications device to report an emergency;4\n\nThe use of an amateur or a citizens band radio; or5\n\nThe operator of any Department of Transportation vehicle or vehicle operated pursuant to the Department of Transportation safety service patrol program or pursuant to a contract with the Department of Transportation for, or that includes, traffic incident management services as defined in subsection B of § 46.2-920.1 during the performance of traffic incident management services.C\n\nA violation of this section is a traffic infraction punishable, for a first offense, by a fine of $125.D\n\nA violation of this section is a traffic infraction punishable, for a second or subsequent offense, by a fine of $250.E\n\nIf a violation of this section occurs in a highway work zone, it shall be punishable by a mandatory fine of $250.F\n\nFor the purposes of this section:\n\t\t\t“Emergency vehicle” means:1\n\nAny law-enforcement vehicle operated by or under the direction of a federal, state, or local law-enforcement officer while engaged in the performance of official duties;2\n\nAny 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\n\nAny vehicle used to fight fire, including publicly owned state forest warden vehicles, when traveling in response to a fire alarm or emergency call;4\n\nAny emergency medical services vehicle designed or used for the principal purpose of supplying resuscitation or emergency relief where human life is endangered;5\n\nAny 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\n\nAny 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; and7\n\nAny vehicle authorized to be equipped with alternating, blinking, or flashing red or red and white secondary warning lights pursuant to § 46.2-1029.2.\n\t\t\t\t“Highway work zone” means a construction or maintenance area that is located on or beside a highway and is marked by appropriate warning signs with attached flashing lights or other traffic control devices indicating that work is in progress.G\n\nDistracted driving shall be included as a part of the driver’s license knowledge examination.","order_by":null,"text":{"0":{"id":270647,"text":"It is unlawful for any person, while driving a moving motor vehicle on the highways in the Commonwealth, to hold a handheld personal communications device.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":270648,"text":"The provisions of this section shall not apply to:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":270649,"text":"The operator of any emergency vehicle while he is engaged in the performance of his official duties;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":270650,"text":"An operator who is lawfully parked or stopped;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":270651,"text":"Any person using a handheld personal communications device to report an emergency;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":270652,"text":"The use of an amateur or a citizens band radio; or","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":270653,"text":"The operator of any Department of Transportation vehicle or vehicle operated pursuant to the Department of Transportation safety service patrol program or pursuant to a contract with the Department of Transportation for, or that includes, traffic incident management services as defined in subsection B of § 46.2-920.1 during the performance of traffic incident management services.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"7":{"id":270654,"text":"A violation of this section is a traffic infraction punishable, for a first offense, by a fine of $125.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5","next_prefix":"D"},"8":{"id":270655,"text":"A violation of this section is a traffic infraction punishable, for a second or subsequent offense, by a fine of $250.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"9":{"id":270656,"text":"If a violation of this section occurs in a highway work zone, it shall be punishable by a mandatory fine of $250.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"10":{"id":270657,"text":"For the purposes of this section:\n\t\t\t“Emergency vehicle” means:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F1"},"11":{"id":270658,"text":"Any law-enforcement vehicle operated by or under the direction of a federal, state, or local law-enforcement officer while engaged in the performance of official duties;","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"12":{"id":270659,"text":"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;","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"F3"},"13":{"id":270660,"text":"Any vehicle used to fight fire, including publicly owned state forest warden vehicles, when traveling in response to a fire alarm or emergency call;","type":"section","prefixes":["F","3"],"prefix":"3","entire_prefix":"F3","prefix_anchor":"F3","level":2,"prior_prefix":"F2","next_prefix":"F4"},"14":{"id":270661,"text":"Any emergency medical services vehicle designed or used for the principal purpose of supplying resuscitation or emergency relief where human life is endangered;","type":"section","prefixes":["F","4"],"prefix":"4","entire_prefix":"F4","prefix_anchor":"F4","level":2,"prior_prefix":"F3","next_prefix":"F5"},"15":{"id":270662,"text":"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;","type":"section","prefixes":["F","5"],"prefix":"5","entire_prefix":"F5","prefix_anchor":"F5","level":2,"prior_prefix":"F4","next_prefix":"F6"},"16":{"id":270663,"text":"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","type":"section","prefixes":["F","6"],"prefix":"6","entire_prefix":"F6","prefix_anchor":"F6","level":2,"prior_prefix":"F5","next_prefix":"F7"},"17":{"id":270664,"text":"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.\n\t\t\t\t“Highway work zone” means a construction or maintenance area that is located on or beside a highway and is marked by appropriate warning signs with attached flashing lights or other traffic control devices indicating that work is in progress.","type":"section","prefixes":["F","7"],"prefix":"7","entire_prefix":"F7","prefix_anchor":"F7","level":2,"prior_prefix":"F6","next_prefix":"G"},"18":{"id":270665,"text":"Distracted driving shall be included as a part of the driver’s license knowledge examination.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F7"}},"ancestry":[{"id":12919,"edition_id":1,"name":"General and Miscellaneous","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12875,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":230191,"object_type":"structure","relational_id":12919,"identifier":"1","token":"46.2\/III\/8\/1","url":"\/46.2\/III\/8\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12875,"edition_id":1,"name":"Regulation of Traffic","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":12827,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":230189,"object_type":"structure","relational_id":12875,"identifier":"8","token":"46.2\/III\/8","url":"\/46.2\/III\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12827,"edition_id":1,"name":"Operation","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":228597,"object_type":"structure","relational_id":12827,"identifier":"III","token":"46.2\/III","url":"\/46.2\/III\/","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":54028,"structure_id":12919,"section_number":"46.2-800","catch_line":"Riding bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, mopeds, or motorized skateboards or scooters; riding or driving animals","url":"\/46.2-800\/","token":"46.2\/III\/8\/1\/46.2-800","metadata":false},{"id":77773,"structure_id":12919,"section_number":"46.2-800.1","catch_line":"Riding animals on highways after sunset","url":"\/46.2-800.1\/","token":"46.2\/III\/8\/1\/46.2-800.1","metadata":false},{"id":87490,"structure_id":12919,"section_number":"46.2-800.2","catch_line":"Operation of off-road recreational vehicles in localities embraced by the Southwest Regional Recreation Authority","url":"\/46.2-800.2\/","token":"46.2\/III\/8\/1\/46.2-800.2","metadata":false},{"id":76700,"structure_id":12919,"section_number":"46.2-800.3","catch_line":"Driving in flooded areas prohibited","url":"\/46.2-800.3\/","token":"46.2\/III\/8\/1\/46.2-800.3","metadata":false},{"id":68610,"structure_id":12919,"section_number":"46.2-801","catch_line":"Chapter applicable to drivers of all vehicles regardless of ownership","url":"\/46.2-801\/","token":"46.2\/III\/8\/1\/46.2-801","metadata":false},{"id":79548,"structure_id":12919,"section_number":"46.2-802","catch_line":"Drive on right side of highways; 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penalty","url":"\/46.2-818.1\/","token":"46.2\/III\/8\/1\/46.2-818.1","metadata":false},{"id":75401,"structure_id":12919,"section_number":"46.2-818.2","catch_line":"Use of handheld personal communications devices in certain motor vehicles; exceptions; penalty","url":"\/46.2-818.2\/","token":"46.2\/III\/8\/1\/46.2-818.2","metadata":false}],"previous_section":{"id":61240,"structure_id":12919,"section_number":"46.2-818.1","catch_line":"Opening and closing motor vehicle doors; penalty","url":"\/46.2-818.1\/","token":"46.2\/III\/8\/1\/46.2-818.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-818.2\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 250<\/a> and 543<\/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 1 time. 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. That modification is as follows: in 2023, chapters 557<\/a> and 558<\/a>.<\/p>","references":[{"id":71700,"section_number":"46.2-868","catch_line":"Reckless driving; penalties","order_by":null,"url":"\/46.2-868\/"}],"refers_to":[{"id":72396,"section_number":"46.2-1029.2","catch_line":"Certain vehicles may be equipped with secondary warning lights","order_by":null,"url":"\/46.2-1029.2\/"},{"id":79642,"section_number":"46.2-920.1","catch_line":"Operation of tow trucks or vehicles owned or controlled by the Department of Transportation under certain circumstances; incident management","order_by":null,"url":"\/46.2-920.1\/"}],"permalink":{"id":230313,"object_type":"law","relational_id":75401,"identifier":"46.2-818.2","token":"46.2\/III\/8\/1\/46.2-818.2","url":"\/46.2-818.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-818.2\/","token":"46.2\/III\/8\/1\/46.2-818.2","dublin_core":{"Title":"Use of handheld personal communications devices in certain motor vehicles; exceptions; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-818.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It is unlawful for any person, while driving a moving motor vehicle<\/span> on the highways<\/span><\/span> in the Commonwealth, to hold a handheld personal communications device. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The provisions of this section shall not apply to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The operator<\/span> of any emergency vehicle while he is engaged in the performance of his official duties; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> An operator<\/span> who is lawfully parked or stopped; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any person using a handheld personal communications device to report an emergency; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The use of an amateur or a citizens band radio; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The operator<\/span> of any Department<\/span> of Transportation vehicle or vehicle operated pursuant to the Department<\/span> of Transportation safety service patrol program or pursuant to a contract<\/span> with the Department<\/span> of Transportation for, or that includes, traffic incident management services as defined in subsection B of § 46.2-920.1<\/a> during the performance of traffic incident management services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A violation of this section is a traffic infraction<\/span> punishable, for a first offense<\/span>, by a fine of $125. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A violation of this section is a traffic infraction<\/span> punishable, for a second or subsequent offense<\/span>, by a fine of $250. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If a violation of this section occurs in a highway work zone<\/span>, it shall be punishable by a mandatory fine of $250. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> For the purposes of this section:\n\t\t\t“Emergency vehicle” means: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any law<\/span>-enforcement vehicle operated by or under the direction of a federal, state, or local law<\/span>-enforcement officer<\/span> while engaged in the performance of official duties; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> 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; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any vehicle used to fight fire, including publicly owned state forest warden vehicles<\/span>, when traveling in response to a fire alarm or emergency call; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any emergency medical services vehicle designed or used for the principal purpose of supplying resuscitation or emergency relief where human life is endangered; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Any Department<\/span> of Emergency Management vehicle or Office of Emergency Medical Services vehicle, when responding to an emergency call or operating in an emergency situation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Any Department<\/span> of Corrections vehicle designated by the Director of the Department<\/span> 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<\/span>-enforcement officer<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Any vehicle authorized to be equipped with alternating, blinking, or flashing red or red and white secondary warning lights<\/span> pursuant to § 46.2-1029.2<\/a>.\n\t\t\t\t“Highway work zone<\/span>” means a construction or maintenance area that is located on or beside a highway and is marked by appropriate warning signs with attached flashing lights<\/span> or other traffic control devices<\/span> indicating that work is in progress. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Distracted driving shall be included as a part of the driver<\/span>’s license knowledge examination. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUSE OF HANDHELD PERSONAL COMMUNICATIONS DEVICES IN CERTAIN MOTOR VEHICLES;\nEXCEPTIONS; PENALTY (\u00a7 46.2-818.2)\n\nA. It is unlawful for any person, while driving a moving motor vehicle on the\nhighways in the Commonwealth, to hold a handheld personal communications device.\n\nB. The provisions of this section shall not apply to:\n\n 1. The operator of any emergency vehicle while he is engaged in the\n performance of his official duties;\n\n 2. An operator who is lawfully parked or stopped;\n\n 3. Any person using a handheld personal communications device to report an\n emergency;\n\n 4. The use of an amateur or a citizens band radio; or\n\n 5. The operator of any Department of Transportation vehicle or vehicle\n operated pursuant to the Department of Transportation safety service patrol\n program or pursuant to a contract with the Department of Transportation for,\n or that includes, traffic incident management services as defined in\n subsection B of § 46.2-920.1 during the performance of traffic incident\n management services.\n\nC. A violation of this section is a traffic infraction punishable, for a first\noffense, by a fine of $125.\n\nD. A violation of this section is a traffic infraction punishable, for a second\nor subsequent offense, by a fine of $250.\n\nE. If a violation of this section occurs in a highway work zone, it shall be\npunishable by a mandatory fine of $250.\n\nF. For the purposes of this section:\n\t\t\t“Emergency vehicle” means:\n\n 1. Any law-enforcement vehicle operated by or under the direction of a\n federal, state, or local law-enforcement officer while engaged in the\n performance of official duties;\n\n 2. Any regional detention center vehicle operated by or under the direction of\n a correctional officer responding to an emergency call or operating in an\n emergency situation;\n\n 3. Any vehicle used to fight fire, including publicly owned state forest\n warden vehicles, when traveling in response to a fire alarm or emergency call;\n\n 4. Any emergency medical services vehicle designed or used for the principal\n purpose of supplying resuscitation or emergency relief where human life is\n endangered;\n\n 5. Any Department of Emergency Management vehicle or Office of Emergency\n Medical Services vehicle, when responding to an emergency call or operating in\n an emergency situation;\n\n 6. Any Department of Corrections vehicle designated by the Director of the\n Department of Corrections, when (i) responding to an emergency call at a\n correctional facility, (ii) participating in a drug-related investigation,\n (iii) pursuing escapees from a correctional facility, or (iv) responding to a\n request for assistance from a law-enforcement officer; and\n\n 7. Any vehicle authorized to be equipped with alternating, blinking, or\n flashing red or red and white secondary warning lights pursuant to §\n 46.2-1029.2.\n \t\t\t\t“Highway work zone” means a construction or maintenance area\n that is located on or beside a highway and is marked by appropriate warning\n signs with attached flashing lights or other traffic control devices\n indicating that work is in progress.\n\nG. Distracted driving shall be included as a part of the driver’s license\nknowledge examination.\n\nHISTORY: 2020, cc. 250, 543; 2023, cc. 557, 558.","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}}