Virginia's new hands free cell phone law.

[pkveazey]

Today, I heard a Ham on 2 meters griping about being stopped by a Cop for using his Ham radio while driving. The Cop was certain that Hams were not allowed to use "Personal Communication Devices while driving". Well, the Cop was full of crap. He even checked with HQ and HQ told him he was right. Well, I printed out 2 copies of the new law and will put one in each console of each vehicle because both me and the wife are Hams. I told the wife that if she was pulled over and given a ration of crap she should remain calm and not get flustered. She is to just hand him the paper from the console and tell him to have a nice day. Section B shows the exclusions and number 4 of the exclusions is Ham radio and CB radio. If you are a prepper and happen to be in Virginia, you might want to carry a copy of the law in your vehicle.

[pkveazey]

Every year the Democrat controlled Virginia Legislature brings up this hands free law. This past year they got it passed. Every year Hams have to go to the Capitol and tell the committee that Hams have a roll in Virginia's emergency communications and if they don't exclude Hams from the law then when an emergency happens we'll tell them to go pound sand. Dems have to be reminded over and over and over. They never seem to get it right. I call it short term thinking. Well, since it passed and we got exempted, maybe we won't have to fight that battle again until we get a new batch of idiots in office.

[JohnyMac]

Do you have a link to the law?

[Nemo]

I cannot get the official Va Code link to come up.  This one should do.

Nemo

https://codes.findlaw.com/va/title-46-2-motor-vehicles/va-code-sect-46-2-1078-1.html

Virginia Code Title 46.2. Motor Vehicles § 46.2-1078.1. Use of handheld personal communications devices in certain motor vehicles;  exceptions;  penalty
Search Code of Virginia

    Search by Keyword or Citation

« Prev
Next »

A. It is unlawful for any person to operate a moving motor vehicle on the highways in the Commonwealth while using any handheld personal communications device to:

1. Manually enter multiple letters or text in the device as a means of communicating with another person;  or

2. Read any email or text message transmitted to the device or stored within the device, provided that this prohibition shall not apply to any name or number stored within the device nor to any caller identification information.

B. It is unlawful for any person while driving a moving motor vehicle in a highway work zone to hold in his hand a handheld personal communications device.

C. 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. The use of factory-installed or aftermarket global positioning systems (GPS) or wireless communications devices used to transmit or receive data as part of a digital dispatch system;  or

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

D. A violation of subsection A is a traffic infraction punishable, for a first offense, by a fine of $125 and, for a second or subsequent offense, by a fine of $250.  A violation of subsection B is punishable by a mandatory fine of $250.

E. For the purposes of this section:

“Emergency vehicle” means:

1. Any law-enforcement vehicle operated by or under the direction of a federal, state, or local law-enforcement officer;

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 emergency medical services 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 § 46.2-1029.2 .

“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.

F. Distracted driving shall be included as a part of the driver's license knowledge examination.

[JohnyMac]

Thx Nemo. 

[pkveazey]

Do you have a link to the law?

I did an hour ago, but I put the printed sheet in the car. You can do a search for Virginia hands free law and find it . That's how I found it.

[pkveazey]

OK, I went out to the car and got the latest and greatest version. 46.2-818.2 (Effective January 1, 2021)Use of handheld personal communications devices in certain motor vehicles; exceptions; penalty.

A. this just says you can't do it.

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

1. this covers emergency vehicles doing their job.

2. this covers while parked or stopped.

3. this covers reporting an emergency.

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

5. this covers the Highway Department vehicles.

Then it goes on to talk about the fines and penalties.
The important part for Hams is B 4.
I hope this helps.

The law that Nemo showed is correct but its the old TEXTING while driving law. That law is also still in effect but the newer law clarifies that Hams are good to go as far as operating your radio.

[Nemo]

Try this one.

Nemo


https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-818.2/

Code of Virginia

Table of Contents » Title 46.2. Motor Vehicles » Subtitle III. Operation » Chapter 8. Regulation of Traffic » Article 1. General and Miscellaneous » § 46.2-818.2. (Effective January 1, 2021) Use of handheld personal communications devices in certain motor vehicles; exceptions; penalty

    Section

    Print PDF email

§ 46.2-818.2. (Effective January 1, 2021) Use of handheld personal communications devices in certain motor vehicles; exceptions; penalty.

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 § 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 and, for a second or subsequent offense, by a fine of $250. If a violation of this section occurs in a highway work zone, it shall be punishable by a mandatory fine of $250.

D. For the purposes of this section:

"Emergency vehicle" 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 § 46.2-1029.2.

"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.

E. Distracted driving shall be included as a part of the driver's license knowledge examination.