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Bill bans handheld phone use while driving

By Andrew Ringle

Capital News Service

The state Senate voted Tuesday in favor of a bill that would prohibit holding a phone while driving a motor vehicle on Virginia roadways and would implement a penalty for the traffic violation.

House Bill 874 will head to the desk of Gov. Ralph Northam, who has voiced support for prohibiting the use of handheld cellphones while driving. The measure, sponsored by Delegate Jeff Bourne, D-Richmond, would go into effect at the start of 2021.

“I’m happy that HB 874 passed 29-9 in the Senate,” Bourne said in an email. “HB874 will make our roadways safer for all Virginians by prohibiting drivers from holding a cell phone while driving a motor vehicle.”

The House of Delegates approved the bill Feb. 5 with a 72-24 vote after incorporating four bills with similar proposals. Violations of the measures in HB 874 would result in a fine of $125 for the first offense and $250 for subsequent offenses. If a violation occurs in a highway work zone, there would be a mandatory fee of $250.

Bourne said the Virginia Legislative Black Caucus, of which he is a member, supports making Virginia roadways safer without risking “disparate application of law.”

“We were happy to work with Drive Smart Virginia to improve the legislation to ensure that the new law is applied fairly and equitably,” Bourne said.

Hands-free driving garners bicameral and bipartisan support, according to Brantley Tyndall, director of outreach for Bike Walk RVA. He said the defeat of previous bills with similar measures in past years was deflating, but that Bourne’s latest proposal reworked the language to make it successful.

“Bike Walk RVA is happy to see leadership from our area, namely chief patron Delegate Jeff Bourne, choosing to lead this issue on the House side with his bill HB 874,” Tyndall said in an email.

Tyndall called Bourne’s bill a “common sense safety measure” and said he was glad to see support for the bill from old and new leadership in the General Assembly.

“We can all feel a part of saving dozens or hundreds of lives over the next few years, including the one out of every six traffic fatalities that is a person walking or biking,” Tyndall said.

Current law prohibits reading or typing messages on a personal communications device while driving. However, holding such a device is legal, except while driving in a work zone.

The bill would not apply to emergency vehicle drivers, such as police officers and firefighters, nor employees of the Department of Transportation while performing official duties. It would also exempt drivers who are parked legally or at a full stop.

Senate Bill 932 proposed adding school zones to the list of areas where holding a phone while driving is prohibited, which is more limited than HB 874’s proposal. SB 932 failed to advance from a House subcommittee on Monday.