Criminal Law

VA Code on Handheld Device Use in Virginia Explained

Learn about Virginia's laws on handheld device use while driving and stay safe on the road

Introduction to Virginia's Handheld Device Law

In Virginia, the use of handheld devices while driving is strictly regulated by law. The Virginia code prohibits drivers from holding a handheld device, such as a cell phone, while operating a vehicle. This law aims to reduce distracted driving and promote road safety.

The law applies to all drivers, regardless of age or experience, and includes the use of handheld devices for texting, browsing, or making calls. Drivers who violate this law may face fines and penalties, which can increase with subsequent offenses.

Prohibited Activities Under the Law

The Virginia code specifically prohibits drivers from engaging in certain activities while holding a handheld device. These activities include reading or typing messages, browsing the internet, or watching videos. Drivers are also prohibited from holding a device to make or receive calls, unless they use a hands-free accessory.

Additionally, the law prohibits drivers from holding a device to take photos or videos, or to access any application that requires the driver to hold the device. These restrictions aim to minimize distractions and reduce the risk of accidents caused by handheld device use.

Exceptions to the Law

While the Virginia code prohibits handheld device use while driving, there are certain exceptions. For example, drivers are allowed to use handheld devices in emergency situations, such as reporting a crime or calling for medical assistance. Additionally, drivers are permitted to use handheld devices when their vehicle is lawfully parked or stopped.

Drivers who are licensed amateur radio operators are also exempt from the law, as long as they are using their devices for amateur radio communications. However, these exceptions are narrowly defined, and drivers should exercise caution when using handheld devices in any situation.

Penalties for Violating the Law

Drivers who violate the Virginia code on handheld device use may face fines and penalties. For a first offense, the fine is typically $125. For subsequent offenses, the fine increases to $250. In addition to fines, drivers may also receive demerit points on their driving record, which can lead to increased insurance rates and other consequences.

In some cases, drivers may be able to avoid fines and penalties by attending a driver improvement course or completing a distracted driving education program. However, these options are typically available only for first-time offenders, and drivers should consult with a legal professional to determine their eligibility.

Staying Safe on Virginia Roads

The Virginia code on handheld device use is an important step towards reducing distracted driving and promoting road safety. By understanding and following the law, drivers can help minimize their risk of accidents and stay safe on the road. Additionally, drivers can take steps to reduce distractions, such as using hands-free accessories or pulling over to a safe location before using their device.

Drivers should also be aware of their surroundings and watch for other drivers who may be using handheld devices. By staying vigilant and following the law, drivers can help create a safer and more responsible driving culture in Virginia.

Frequently Asked Questions

What is considered a handheld device under Virginia law?

A handheld device includes cell phones, tablets, and other portable electronic devices that require the driver to hold them to operate.

Are there any exceptions to the handheld device law for emergency responders?

Yes, emergency responders, such as police officers and firefighters, are exempt from the law when using handheld devices in the course of their duties.

Can I use my handheld device while stopped at a red light?

No, the law prohibits handheld device use while driving, even when stopped at a red light or in traffic.

Will I receive demerit points on my driving record for violating the handheld device law?

Yes, drivers who violate the law may receive demerit points on their driving record, which can lead to increased insurance rates and other consequences.

Can I use a Bluetooth headset to make calls while driving?

Yes, drivers are allowed to use hands-free accessories, such as Bluetooth headsets, to make calls while driving.

How can I report a driver who is using a handheld device while driving?

You can report a driver who is using a handheld device while driving by calling the police or highway patrol and providing as much information as possible about the vehicle and its location.