Using a mobile phone while driving in Virginia (2026)
Last reviewed: 9 October 2026
In short: Holding a handheld personal communications device while driving a moving vehicle is banned. The first-offence fine is USD 125 and the offence is a three-point violation. Exceptions include being lawfully parked or stopped and reporting an emergency.
| Rule | What applies |
|---|---|
| Holding a phone while driving bannedUsing a mobile phone while driving a car | Yes [1] |
| Hands-free useUsing a mobile phone while driving a car | Allowed [1] |
| Fine, first offence (lowest amount where a range applies)Using a mobile phone while driving a car | $125.00 per offence [1] |
| Penalty points on the licenceUsing a mobile phone while driving a car | 3 points [2] |
Notes
- The offence is holding the device while driving a moving motor vehicle on the highways. Amended by 2026 c. 518; the text was read on 9 October 2026.
- The section prohibits holding the device only; it does not itself prohibit hands-free use.
- USD 250 for a second or subsequent offence and a mandatory USD 250 in a highway work zone. A court may order a driver improvement clinic instead of a conviction for a first offence.
- The Virginia DMV lists the use of a handheld communications device among its three-point violations; the points stay on the record for three years.
Sources
- Virginia General Assembly (Legislative Information System): § 46.2-818.2. Use of handheld personal communications devices in certain motor vehicles; exceptions; penalty (consulted 9 October 2026) · all sources
- Virginia Department of Motor Vehicles: Three Point Violations (consulted 9 October 2026) · all sources
Virginia and neighbouring states
| State | Holding a phone while driving banned | Hands-free use | Fine, first offence (lowest amount where a range applies) | Penalty points on the licence |
|---|---|---|---|---|
| Virginia | Banned | Allowed | USD 125 | 3 demerit points |
| District of Columbia | Banned | Hands-free allowed | USD 100 | ⚠ Not yet verified |
| Kentucky | No (texting banned) | Calls not restricted | USD 25 | 3 points |
| Maryland | Banned (no hand use) | Hands-free allowed | ⚠ Not yet verified | None unless crash |
| North Carolina | No (texting/email banned) | Calls not restricted | USD 100 plus court costs | No points |
| Tennessee | Banned | Allowed | USD 50 | ⚠ Not yet verified |
| West Virginia | Banned | Allowed | ⚠ Not yet verified | None (3 on third) |
More rules in Virginia
- CannabisPossession for personal use: Legal for adults 21+ within limits · Growing at home: Up to 4 plants per household
- Car speed limitsBuilt-up areas: 25 mph; 35 mph elsewhere in towns · Outside built-up areas (single carriageway): 55 mph
- Minimum age for a car driving licenceMinimum age for a car licence: 16 yrs 3 mths (provisional licence) · Earliest age to drive a car supervised: 15 yrs 6 mths (learner's permit)
- E-bikes and speed pedelecsLegal class: Three classes · Minimum age: Class three: 14, or supervised
- FireworksConsumers may buy and use category F2 fireworks: No (only permissible fireworks)
- Knives and pepper sprayFolding pocket knives: Concealed list; folding knife not named · Locking or one-handed knives: Not named; "like kind" clause
- Statutory minimum wageNational statutory minimum wage: Yes (state law) · Current adult minimum wage (gross): $12.77 per hour
- Seat belts and child seatsSeat belt compulsory in front seats: Yes · Seat belt compulsory in rear seats: Yes
- Tobacco and nicotine age limitsMinimum age to buy tobacco: 21 · Minimum age to buy e-cigarettes: 21
- Drinking age and alcohol salesMinimum age to buy beer and wine: 21 · Minimum age to buy spirits: 21
- Drink-driving limitsBlood alcohol limit for ordinary drivers: 0.08% · Lower limit for novice or young drivers: 0.02% (under 21)
Related pages
General information, not legal advice. Rules change: check the official source before you fly or ride.