                                 CODE OF VIRGINIA

USE OF HANDHELD PERSONAL COMMUNICATIONS DEVICES IN CERTAIN MOTOR VEHICLES;
EXCEPTIONS; PENALTY (§ 46.2-818.2)

A. 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.

B. The provisions of this section shall not apply to:

   1. The operator of any emergency vehicle while he is engaged in the
   performance of his official duties;

   2. An operator who is lawfully parked or stopped;

   3. Any person using a handheld personal communications device to report an
   emergency;

   4. The use of an amateur or a citizens band radio; or

   5. 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 &#xA7; 46.2-920.1 during the performance of traffic incident
   management services.

C. A violation of this section is a traffic infraction punishable, for a first
offense, by a fine of $125.

D. A violation of this section is a traffic infraction punishable, for a second
or subsequent offense, by a fine of $250.

E. If a violation of this section occurs in a highway work zone, it shall be
punishable by a mandatory fine of $250.

F. For the purposes of this section:
			&#8220;Emergency vehicle&#8221; means:

   1. 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;

   2. 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;

   3. Any vehicle used to fight fire, including publicly owned state forest
   warden vehicles, when traveling in response to a fire alarm or emergency call;

   4. Any emergency medical services vehicle designed or used for the principal
   purpose of supplying resuscitation or emergency relief where human life is
   endangered;

   5. 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;

   6. 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

   7. Any vehicle authorized to be equipped with alternating, blinking, or
   flashing red or red and white secondary warning lights pursuant to &#xA7;
   46.2-1029.2.
   				&#8220;Highway work zone&#8221; 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. Distracted driving shall be included as a part of the driver&#8217;s license
knowledge examination.

HISTORY: 2020, cc. 250, 543; 2023, cc. 557, 558.