                                 CODE OF VIRGINIA

PROHIBITION ON REQUIRING USE OF HANDHELD MOBILE TELEPHONE OR TEXTING; MOTOR
CARRIER PENALTY (§ 46.2-341.20:6)

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. &#8220;Driving,&#8221; &#8220;mobile
telephone,&#8221; &#8220;texting,&#8221; and &#8220;use a handheld mobile
telephone&#8221; have the same meanings as assigned to them in § 46.2-341.20:5.

HISTORY: 2014, cc. 77, 803; 2020, cc. 1230, 1275.