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5 exceptions to Virginia’s law banning phone use while driving

On Behalf of | Aug 8, 2023 | Motor Vehicle Accidents | 0 comments

This generation’s distracted driving behaviors stem from its relentless addiction to staying virtually connected at all times. Therefore, drivers’ focus is often on their screens instead of on the road. A 2019 study by a road safety company revealed that Virginia is the state with the most distracted drivers.

To combat this concerning phenomenon, the state passed a law in 2021 prohibiting the use of mobile phones and other handheld devices when operating a vehicle.

But the law also recognizes that not all drivers use their phones because of the compulsive need to send messages or scroll across social media platforms. Some drivers have legitimate situations necessitating phone use now rather than later.

Exceptions to the rule

Your chances of being in a tragic crash increase 23 times when you use your phone to text while driving, per the state’s Department of Motor Vehicles. Thus, it will help if you follow the statewide ban on holding a phone to avoid fatal incidents.

But upon checking with your legal counsel, Virginia’s law does not apply to you if:

  • You reported an emergency as a response to an incident.
  • Your vehicle is not operational, and lawfully parked or stopped.
  • You use amateur or citizen band radio.
  • You work for the Department of Transportation, conducting your traffic incident management duties.
  • You operate an emergency vehicle, whether as one of the correctional facility staff, law enforcement officials, firefighters or medical personnel.

Emergency vehicles also refer to those with blinking or alternating secondary warning lights, like those used for risky construction zones.

Put your phone down

The temptation to pick up your phone may be too strong, especially during bad traffic or a leisure trip. But it also only takes seconds off the wheel for a road accident to befall you. Unless your circumstances apply to any of the mentioned exceptions from the rule, your phone can and should wait until your arrival at your destination.