As of January 2021, the hands-free law in VA makes holding a cellphone while driving illegal.

Distractions are everywhere and can prove dangerous for drivers and others on or near the road. Virginia distracted driving law is in place to help cut down on these fatalities.

To stay safe on the road and avoid traffic violations from using your phone, you need to know the distracted driving laws in Virginia.

What do previous and current laws say?

Is it illegal to text and drive in Virginia?

What’s the penalty for holding your cell phone while driving in Virginia?

Keep reading to get answers to all these questions and learn about the new “cell phone while driving” laws in VA.

Previous Virginia Distracted Driving Laws

Virginia cell phone driving laws are extensive and date back to 2009.

Here’s a look at how distracted driving laws have progressed in Virginia:

• 2009: Lawmakers banned texting and reading emails while driving. The only exceptions were for emergency responders and people reporting an accident.

• 2013: Policymakers modified the 2009 law slightly. They made using a cell phone while driving a traffic infraction punishable by a $125 fine in Virginia. Multiple unpaid offenses could result in a suspended license.

• 2014: The Virginia legislature made distracted driving a component of the driver’s license exam. They also made it illegal for drivers to use a cell phone or any wireless device while driving their car.

• 2018: Virginia lawmakers doubled fines for distracted driving in a work zone. They also made it unlawful for any driver to hold a communications device in their hand while in a work zone.

For the past 12 years, Virginia policymakers have tried to decrease cell phone distractions while driving. The new hands-free law in VA continues to take steps in this same direction.

These young men and women never get to reach their prime. They never get to buy a house, raise a family or build a career. Instead, they are killed right as their adult lives are getting started.

Every single one of these deaths is preventable.

It is easy to feel hopeless about this reality. But that does not accomplish anything. It is better to channel those emotions into outrage — and action — by discovering ways to prevent the next tragedy from ever happening.

This is National Teen Driver Safety Week, a perfect time to come together to help the next generation stay safe on the road.

The obvious steps include talking with your teen driver and making sure that he or she has the proper training and education whenever they are behind the wheel. Visit https://www.nsc.org/driveithome for all kinds of important tips in this area.

But another important piece, and one that hits home for the team at My Car Does What, is turning to advanced safety technology as a possible solution in the fight against teen driver fatalities.

Oftentimes, teenagers drive older, cheaper vehicles. The logic is simple: They’re inexperienced drivers. They might get into a crash or beat up the vehicle with hard use. Better to damage a cheaper vehicle than a newer, more valuable vehicle.

But is that the safest approach?

Newer vehicles have safety technologies such as backup cameras, blind spot monitoring, lane departure warning, collision avoidance systems and other features that can prevent crashes and save lives. In many ways, our teenagers are the ones who can benefit most from these technologies because they do not have as much experience in everyday driving situations.

So warn your teen about the dangers of impairment, distraction and speeding. But also let them know about the safety technologies that can help them. Visit our main page for a list of all available safety technologies.

It’s also important to let your teen know that these technologies assist the driver, they do not replace the driver. We are not at the stage yet where vehicles drive themselves. A driver must be an alert and attentive at all times, even if his or her vehicle is equipped with lane keeping assist or other helpful features.

Lastly, check out NSC’s Drive It Home page for the latest news on keeping your teen safe on the road. Please pass this along to any parents, teachers or coworkers who have young drivers in their lives: https://www.nsc.org/driveithome/dih-blog/technology-in-todays-vehicles-how-to-keep-your-teen-safe

In addition, on July 1, 2019, all suspensions in DMV’s records for failure to pay Virginia court fines and costs will be removed and any related reinstatement fees will be waived.

While failure to pay Virginia court assessed fines and costs will no longer affect driving privileges, this change does not eliminate the requirement to pay the underlying court costs and fines. Click on the website to download the forms. dmvnow.com/fac.

Unlike negative points, Virginia Department of Motor Vehicles (DMV) has put limits on how many safety positive points you can have on your driving record. When you are convicted of a traffic violation, the court notifies the DMV. The court system and DMV work together to ensure the safety of all drivers and to ensure all drivers on the road are legal.

So, What the Heck Is Included on Driving Record?

Your driving record is documented history of your record. Your record displays basic elements, such as your personal information (name, address, etc.), your license number and expiration date. When you request a copy of your driving record, you can anticipate seeing other things as well, such as:

Your Driving Points

Your record shows if you have points added to your license because of reckless driving or other road related violations. The majority states operate on a point-based system, whereas others basically operate from how many violations you receive within a certain time frame. Click here to view DMV’s lists of traffic violations that have demerit points.

Driver’s License Status

Your record shows the up-to-date status of your driver’s license, for example, whether your license is valid, suspended, or revoked.

License Classifications or Endorsements

Your record shows if you have any special driving training, such as commercial driver’s license, school bus driving, student transportation, or hazardous material transportation.

Moving Violations

Your record shows if you have broken any laws of the road (for example speeding, rolling a stop sign, failing to yield, etc.). Your driving record also shows whether you have more serious infractions such as a hit and run or driving under the influence of drugs or alcohol.

DUI Convictions

Your record shows if you have been pulled over for driving under the influence of drugs and/or alcohol.

Traffic Accidents

Your record shows any points on your license because of accidents caused by reckless or negligent driving.

Owed Fees and/or Citations

Your record shows if you have received a citation for example a parking ticket or any other fees still owed by you.

Defensive Driving or Other Driving Courses Attended

Your record shows if you have taken a defensive driving course or attended traffic school, whether on your own or mandated by the court.

Did you know that if you received a moving violation in other states that demerit points will also be assigned to your driving record?

The length of time that a conviction stays on your driving record depends on the type of violation. Remember, if you are convicted of your traffic offensive your demerit points remain on your record for three to four years from the date that you commit the offense. The dates that demerit points are removed from your driving record are not related to the dates that convictions are removed from your record.

The question remains, how I can obtain positive points.

Every year that you drive safety without any accidents or traffic tickets, you received 1+ positive point from DMV. Another way you can obtain positive points on your driving record is to attend a Driving Improvement Class, which we offer at the Tri-City Driving School. Our Driving Improvement class is held every Saturday from 8 am to 4 pm. You can schedule your class on our website, or you can walk-in on the day of the class. When you take this class, you will receive five positive points on your driving record. So, if you are in the negative, this will bring you back on the positive side for your insurance and even for a job.

Let’s take a look at the process when you receive a traffic violation and how DMV reports and tracks your violation(s).

DMV does the following:

1. Posts the conviction to your driving record;
2. Assigns you demerit points according to the severity of the offense;
3. Issues an order of suspension, or revocation if applicable;
4. Issues an order requiring the successful completion of a driver improvement class
5. Notifies your insurance company upon request.

If you are interested in signing up for a Tri-City Driving class, click here to learn more about what we have to offer and schedule your class, today.

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