Last year, we reported (link: https://www.setlifflaw.com/news/2019/12/richmond-city-voting-to-join-spotsylvania-county-and-hampton-city-in-banning-handheld-cell-phone-use-while-driving/) that Richmond voted to adopt an ordinance banning handheld cell phone use while driving. The day of reckoning is upon us – as of June 8, 2020, the ordinance has officially gone into effect. The full text is as follows:

Sec. 27-40.1. Distracted driving.

(a) Any person who drives a motor vehicle on any public street or highway in the city while using any handheld personal communications device is guilty of distracted driving.

(b) The provisions of this section shall not apply to an operator (i) of any emergency vehicle while the operator is engaged in the performance of the operator’s official duties; (ii) who is lawfully stopped or parked; (iii) who is using a handheld personal communications device to report an emergency; or (iv) who is using a handheld radio-based communications device during an emergency or disaster relief operation.

(c) A violation of this section shall constitute a separate and distinct offense. The provisions of this section shall not preclude prosecution under any other statute or ordinance.

(d) A violation of this section is a traffic infraction punishable for a first offense by a fine of $125.00 and for a second or subsequent offense by a fine of $250.00, which shall be paid to the City treasury.

The Virginia legislature recently passed a similar law, Virginia Code § 46.2-818.2, which is slated to go in effect in early 2021 (link: https://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0250+pdf). The operative portion of the new State law reads, in relevant part: “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.”

Here’s a quick chart comparing the two (differences are in bold)

It is currently unclear how broadly the Richmond ordinance will be defined and enforced. As currently written, arguably, using your cell phone in a hands-free cradle for personal GPS or Bluetooth music would be a violation of the ordinance. This would be particularly harmful to rideshare drivers (such as for Uber or Lyft), who rely on the use of proprietary phone applications while driving to pick up passengers and navigate to destinations. Now, one could make the argument that the passive “use” of the phone to stream music to your car stereo or display GPS without the driver’s active interaction should not be considered “using” for purposes of the statute. However, we do not currently have additional binding guidance or interpretation from the City of Richmond or courts.

If you have questions about this article, please contact Matthias Kaseorg (mkaseorg@setlifflaw.com) at 804-377-1273 or Steve Setliff (ssetliff@setlifflaw.com) at 804-377-1261.