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Phone & Hands-Free Law No. VA Hand-held ban — all drivers

Virginia Truck Driver Phone Law

The federal hand-held ban already rides with your CDL here, so holding a phone is a 392.82 violation no matter what state law says. Virginia bars every driver from holding a handheld device while driving (Va. Code §46.2-818.2), enforced as a primary offense: $125 first, $250 for a repeat. Any violation in a highway work zone is a mandatory $250. A conviction adds 3 DMV demerit points.

State rule (all drivers)Hand-held ban — all drivers
First-offense fine$125 first offense, $250 second or subsequent, and a mandatory $250 for any violation in a highway work zone
License points3 DMV demerit points for the state offense
StatuteVa. Code §46.2-818.2 (handheld ban); texting folded in same section
01 The federal floor

The federal ban applies here first

Federal law rides with your CDL in every state. FMCSA 49 CFR 392.82 bans all hand-held phone use while driving a CMV: no holding it to talk, no dialing more than a single button, no reaching for the phone out of your belted seat. A separate rule (49 CFR 392.80) bans texting and manual data entry. Only hands-free counts as compliant (mounted or in close reach, one-touch or voice, no reaching), and the only exception is calling 911. "Driving" includes sitting at a red light or stuck in traffic; you are clear only once fully off the road and stopped. Penalties run up to $2,750 for the driver and $11,000 for the carrier. It is a CSA serious violation: two convictions in any 3-year period disqualify your CDL for 60 days, three or more for 120 days (49 CFR 383.51).

02 What Virginia adds

Virginia’s rule for all drivers

The federal hand-held ban already rides with your CDL here, so holding a phone is a 392.82 violation no matter what state law says. Virginia bars every driver from holding a handheld device while driving (Va. Code §46.2-818.2), enforced as a primary offense: $125 first, $250 for a repeat. Any violation in a highway work zone is a mandatory $250. A conviction adds 3 DMV demerit points.

Virginia Truck Phone Law FAQ

Can truck drivers use a phone in Virginia?
Only hands-free. The federal FMCSA ban (49 CFR 392.82) bars every CDL driver from holding a phone in Virginia. Virginia also bans hand-held use for all drivers (Va. Code §46.2-818.2 (handheld ban); texting folded in same section).
What is the phone fine in Virginia?
$125 first offense, $250 second or subsequent, and a mandatory $250 for any violation in a highway work zone.
Is texting while driving illegal in Virginia?
Texting banned for all drivers, primary enforcement; folded into the broader handheld ban (Va. Code §46.2-818.2).

Reference information for planning, not legal advice. Traffic laws change and this can be out of date, so always confirm the current statute and obey posted signs before you rely on it. Last reviewed July 2026. Source: https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-818.2/. See our Terms & Disclaimer.

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