West Virginia Truck Driver Phone Law
You are under the federal 392.82 hand-held ban the moment you roll into West Virginia, so a roadside inspection does not care that the four-wheeler beside you can legally hold a phone. State law also bars every driver from physically holding a wireless device (W. Va. Code §17C-14-15), cited as a standalone (primary) offense: up to $100 first, $200 second, $350 and 3 points on the third within 24 months, with a possible 90-day suspension.
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).
West Virginia’s rule for all drivers
You are under the federal 392.82 hand-held ban the moment you roll into West Virginia, so a roadside inspection does not care that the four-wheeler beside you can legally hold a phone. State law also bars every driver from physically holding a wireless device (W. Va. Code §17C-14-15), cited as a standalone (primary) offense: up to $100 first, $200 second, $350 and 3 points on the third within 24 months, with a possible 90-day suspension.
- Hand-held: Hand-held ban — all drivers
- Texting: Texting banned for all drivers, primary enforcement (W. Va. Code §17C-14-15).
- Fine: Up to $100 first offense, up to $200 second, up to $350 third within 24 months, plus 3 points and a possible 90-day license suspension on the third. No court costs or fees added.
- Points: No state points on a first or second offense; 3 points and a possible 90-day suspension on a third within 24 months. Federally, a 392.82 conviction is a CSA serious violation: 2 in 3 years disqualify your CDL for 60 days.
West Virginia Truck Phone Law FAQ
Can truck drivers use a phone in West Virginia?
What is the phone fine in West Virginia?
Is texting while driving illegal in West Virginia?
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://code.wvlegislature.gov/17C-14-15/. See our Terms & Disclaimer.
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