{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/46.2-818.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/46.2-818.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/46.2-818.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/46.2-818.2.html"}],"law_id":366227,"edition_id":2,"section_id":366227,"structure_id":52185,"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.\n\nB\n\nThe provisions of this section shall not apply to:\n\n1\n\nThe operator of any emergency vehicle while he is engaged in the performance of his official duties;\n\n2\n\nAn operator who is lawfully parked or stopped;\n\n3\n\nAny person using a handheld personal communications device to report an emergency;\n\n4\n\nThe use of an amateur or a citizens band radio; or\n\n5\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.\n\nC\n\nA violation of this section is a traffic infraction punishable, for a first offense, by a fine of $125.\n\nD\n\nA violation of this section is a traffic infraction punishable, for a second or subsequent offense, by a fine of $250.\n\nE\n\nIf a violation of this section occurs in a highway work zone, it shall be punishable by a mandatory fine of $250.\n\nF\n\nFor the purposes of this section:\n\t\t\t“Emergency vehicle” means:\n\n1\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;\n\n2\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;\n\n3\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;\n\n4\n\nAny emergency medical services vehicle designed or used for the principal purpose of supplying resuscitation or emergency relief where human life is endangered;\n\n5\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;\n\n6\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; and\n\n7\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.\n\nG\n\nDistracted driving shall be included as a part of the driver’s license knowledge examination.\n\n","order_by":null,"text":{"0":{"id":1363973,"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":1363974,"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":1363975,"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":1363976,"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":1363977,"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":1363978,"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":1363979,"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":1363980,"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":1363981,"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":1363982,"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":1363983,"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":1363984,"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":1363985,"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":1363986,"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":1363987,"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":1363988,"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":1363989,"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":1363990,"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":1363991,"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":52185,"edition_id":2,"name":"General and Miscellaneous","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":52184,"metadata":{"child_laws":31,"child_structures":0},"date_created":"2026-08-02 02:55:38","date_modified":"2026-08-02 12:34:08","permalink":{"id":1457193,"object_type":"structure","relational_id":52185,"identifier":"1","token":"46.2\/III\/8\/1","url":"\/46.2\/III\/8\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52184,"edition_id":2,"name":"Regulation of Traffic","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":52051,"metadata":{"child_laws":208,"child_structures":21},"date_created":"2026-08-02 02:55:38","date_modified":"2026-08-02 12:34:08","permalink":{"id":1457191,"object_type":"structure","relational_id":52184,"identifier":"8","token":"46.2\/III\/8","url":"\/46.2\/III\/8\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52051,"edition_id":2,"name":"Operation","identifier":"III","label":"subtitle","depth":2,"order_by":3,"parent_id":52048,"metadata":{"child_laws":589,"child_structures":55},"date_created":"2026-08-02 02:52:29","date_modified":"2026-08-02 12:34:07","permalink":{"id":1455599,"object_type":"structure","relational_id":52051,"identifier":"III","token":"46.2\/III","url":"\/46.2\/III\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52048,"edition_id":2,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":101,"parent_id":null,"metadata":{"child_laws":1830,"child_structures":157},"date_created":"2026-08-02 02:52:29","date_modified":"2026-08-02 12:34:02","permalink":{"id":1452291,"object_type":"structure","relational_id":52048,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":366201,"structure_id":52185,"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":{"court_decisions":{"0":{"name":"Saunders v. Commonwealth","case_number":"1299053","citation":"629 S.E.2d 701","date":"2006-05-16","url":"https:\/\/www.courtlistener.com\/opinion\/1063231\/saunders-v-commonwealth\/","abstract":" .\u202f.\u202f. 629 S.E.2d 701 (2006) .\u202f.\u202f. ","court_html":"COA<\/abbr>"},"1":{"name":"Phillips v. Commonwealth","case_number":"1419963","citation":"25 Va. App. 144","date":"1997-07-08","url":"https:\/\/www.courtlistener.com\/opinion\/1067392\/phillips-v-commonwealth\/","abstract":" .\u202f.\u202f. FITZPATRICK, Judge. .\u202f.\u202f. ","court_html":"COA<\/abbr>"},"2":{"name":"Colby v. Boyden","case_number":"Record No. 900552","citation":"400 S.E.2d 184","date":"1991-01-11","url":"https:\/\/www.courtlistener.com\/opinion\/1202396\/colby-v-boyden\/","abstract":" .\u202f.\u202f. 400 S.E.2d 184 (1991) .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"3":{"name":"Evans v. Evans","case_number":"091469","citation":"695 S.E.2d 173","date":"2010-06-10","url":"https:\/\/www.courtlistener.com\/opinion\/1058183\/evans-v-evans\/","abstract":" .\u202f.\u202f. 695 S.E.2d 173 (2010) .\u202f.\u202f. ","court_html":"SCV<\/abbr>"}}}},{"id":366198,"structure_id":52185,"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":366199,"structure_id":52185,"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":366200,"structure_id":52185,"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":366202,"structure_id":52185,"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":366203,"structure_id":52185,"section_number":"46.2-802","catch_line":"Drive on right side of highways; penalty","url":"\/46.2-802\/","token":"46.2\/III\/8\/1\/46.2-802","metadata":false},{"id":366205,"structure_id":52185,"section_number":"46.2-803","catch_line":"Keep to the right in crossing intersections or railroads","url":"\/46.2-803\/","token":"46.2\/III\/8\/1\/46.2-803","metadata":false},{"id":366204,"structure_id":52185,"section_number":"46.2-803.1","catch_line":"Commercial motor vehicles limited to use of certain lanes of certain interstate highways","url":"\/46.2-803.1\/","token":"46.2\/III\/8\/1\/46.2-803.1","metadata":false},{"id":366206,"structure_id":52185,"section_number":"46.2-804","catch_line":"Special regulations applicable on highways laned for traffic; penalty","url":"\/46.2-804\/","token":"46.2\/III\/8\/1\/46.2-804","metadata":false},{"id":366207,"structure_id":52185,"section_number":"46.2-805","catch_line":"Lane-use control signals","url":"\/46.2-805\/","token":"46.2\/III\/8\/1\/46.2-805","metadata":false},{"id":366208,"structure_id":52185,"section_number":"46.2-806","catch_line":"One-way roadways and highways","url":"\/46.2-806\/","token":"46.2\/III\/8\/1\/46.2-806","metadata":false},{"id":366209,"structure_id":52185,"section_number":"46.2-807","catch_line":"Path of travel at circular intersections","url":"\/46.2-807\/","token":"46.2\/III\/8\/1\/46.2-807","metadata":false},{"id":366213,"structure_id":52185,"section_number":"46.2-808","catch_line":"Commonwealth Transportation Board may prohibit certain uses of controlled access highways; penalty","url":"\/46.2-808\/","token":"46.2\/III\/8\/1\/46.2-808","metadata":false},{"id":366210,"structure_id":52185,"section_number":"46.2-808.1","catch_line":"Use of crossovers on controlled access highways; penalty","url":"\/46.2-808.1\/","token":"46.2\/III\/8\/1\/46.2-808.1","metadata":{"court_decisions":""}},{"id":366211,"structure_id":52185,"section_number":"46.2-808.2","catch_line":"Violations committed within highway safety corridor; report on benefits","url":"\/46.2-808.2\/","token":"46.2\/III\/8\/1\/46.2-808.2","metadata":false},{"id":366212,"structure_id":52185,"section_number":"46.2-808.3","catch_line":"Violations committed within highway work zone; penalty","url":"\/46.2-808.3\/","token":"46.2\/III\/8\/1\/46.2-808.3","metadata":false},{"id":366215,"structure_id":52185,"section_number":"46.2-809","catch_line":"Regulation of truck traffic on primary and secondary highways","url":"\/46.2-809\/","token":"46.2\/III\/8\/1\/46.2-809","metadata":false},{"id":366214,"structure_id":52185,"section_number":"46.2-809.1","catch_line":"Regulation of residential cut-through traffic by Board","url":"\/46.2-809.1\/","token":"46.2\/III\/8\/1\/46.2-809.1","metadata":false},{"id":366217,"structure_id":52185,"section_number":"46.2-810","catch_line":"Age limits for drivers of public passenger-carrying vehicles","url":"\/46.2-810\/","token":"46.2\/III\/8\/1\/46.2-810","metadata":false},{"id":366216,"structure_id":52185,"section_number":"46.2-810.1","catch_line":"Smoking in vehicle with a minor present; civil penalty","url":"\/46.2-810.1\/","token":"46.2\/III\/8\/1\/46.2-810.1","metadata":false},{"id":366218,"structure_id":52185,"section_number":"46.2-811","catch_line":"Coasting prohibited","url":"\/46.2-811\/","token":"46.2\/III\/8\/1\/46.2-811","metadata":false},{"id":366219,"structure_id":52185,"section_number":"46.2-812","catch_line":"Driving more than thirteen hours in twenty-four prohibited","url":"\/46.2-812\/","token":"46.2\/III\/8\/1\/46.2-812","metadata":false},{"id":366220,"structure_id":52185,"section_number":"46.2-813","catch_line":"Occupation of trailer being towed on highways","url":"\/46.2-813\/","token":"46.2\/III\/8\/1\/46.2-813","metadata":false},{"id":366221,"structure_id":52185,"section_number":"46.2-814","catch_line":"Driving through safety zone prohibited","url":"\/46.2-814\/","token":"46.2\/III\/8\/1\/46.2-814","metadata":false},{"id":366222,"structure_id":52185,"section_number":"46.2-815","catch_line":"Hauling certain cargoes through tunnels in violation of posted signs; penalty","url":"\/46.2-815\/","token":"46.2\/III\/8\/1\/46.2-815","metadata":false},{"id":366224,"structure_id":52185,"section_number":"46.2-816","catch_line":"Following too closely","url":"\/46.2-816\/","token":"46.2\/III\/8\/1\/46.2-816","metadata":{"court_decisions":""}},{"id":366223,"structure_id":52185,"section_number":"46.2-816.1","catch_line":"Careless driving and infliction of injury or death on vulnerable road users; penalty","url":"\/46.2-816.1\/","token":"46.2\/III\/8\/1\/46.2-816.1","metadata":false},{"id":366225,"structure_id":52185,"section_number":"46.2-817","catch_line":"Disregarding signal by law-enforcement officer to stop; eluding police; penalties","url":"\/46.2-817\/","token":"46.2\/III\/8\/1\/46.2-817","metadata":false},{"id":366228,"structure_id":52185,"section_number":"46.2-818","catch_line":"Stopping vehicle of another; blocking access to premises; damaging or threatening commercial vehicle or operator thereof; penalties","url":"\/46.2-818\/","token":"46.2\/III\/8\/1\/46.2-818","metadata":false},{"id":366226,"structure_id":52185,"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},{"id":366227,"structure_id":52185,"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":366226,"structure_id":52185,"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":366300,"section_number":"46.2-868","catch_line":"Reckless driving; penalties","order_by":null,"url":"\/46.2-868\/"}],"refers_to":[{"id":364617,"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":366375,"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":1457315,"object_type":"law","relational_id":366227,"identifier":"46.2-818.2","token":"46.2\/III\/8\/1\/46.2-818.2","url":"\/46.2-818.2\/","edition_id":2,"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> 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":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}