Phone Ban While Driving: Virginia Laws Taking Effect On Jan. 1

VIRGINIA — The new year means new laws will take effect on Jan. 1, 2021, in Virginia.

Many laws take effect on July 1 as the start of the new fiscal year, but some are designated to begin in a new year. A new law in 2021 will make it illegal to hold a handheld cell phone while driving. Another law will allow non-citizens to be issued driver's privilege cards, which are different from driver's licenses and driver's permits.

Below are some key laws taking effect at the start of 2021.

Handheld phones not allowed while driving

Beginning on Jan. 1, it is illegal to hold a cell phone while driving a vehicle on highways in the Commonwealth of Virginia. The law's effective date was set to Jan. 1 to give authorities time to educate the public about the law's provisions. Before Jan. 1, Virginia law prohibited drivers from reading emails or texts, manually entering texts, or holding devices while driving in a work zone.

According to drivesmartvirginia.org, a first offense is punishable by a $125 fine. A second or subsequent offense is punishable by a fine of $250. Breaking the law in a highway work zone carries a mandatory $250 fine.

There are some exemptions to the new law. It does not apply to the operator of any emergency vehicle while performing official duties, a driver lawfully parked or stopped, a person using a device to report an emergency, a person using an amateur or a citizens band radio, or a person operating a Department of Transportation vehicle during the performance of traffic incident management services.

Law enforcement and other agencies have been notifying the public about the upcoming law. Fairfax County Police provided tips for drivers should they have to make a call when driving:

• Use a Bluetooth ear piece for hands free talking
• If you choose to use headphones, Virginia law states you may only have one ear bud in while driving.
• If equipped, connect your phone to your vehicle through Bluetooth
• Consider having a passenger answer your calls via speakerphone so you can talk hands free
• Use a cell phone mount in your car to hold your phone

Driver's privilege cards

This legislation authorizes new driver privilege cards to be issued by the Department of Motor Vehicles to non-citizens. Applicants can be issued a card if they've reported income from Virginia sources or been claimed as a dependent on an individual Virginia tax return in the preceding 12 months and not in violation of insurance requirements for the registration of an uninsured motor vehicle.

Driver privilege cards are subject to the same provisions as driver's licenses and permits but do not confer voting privileges, permit an individual to waive any part of the driver examination, or be issued contingent upon the applicant's ability to produce proof of legal presence in the United States.

Allowance of local taxes on plastic bags

This law authorizes counties and cities to impose a 5-cent per bag tax on disposable plastic bags beginning no earlier than Jan. 1, 2021. It applies to certain retailers, but certain bags are exempt from the tax. Every retailer that collects the tax can retain a portion of the five-cent tax. Revenue to the county or city can be used for certain purposes, including environmental cleanup and the provision of reusable bags.

Concealed handgun permit applicants

This legislation removes the option for concealed handgun permit applicants to demonstrate competence with a handgun by completing an electronic, video, or online course conducted by a state-certified or National Rifle Association-certified firearms instructor. This does not affect in-person means of meeting the requirement to demonstrate competence with a handgun under current law.

State Board of Elections membership

This legislation increases the membership of the State Board of Elections from three members to five members. Representation is given to each of the political parties having the highest and next highest number of votes in Virginia at the last gubernatorial election, with three Board members being the same party of the governor.

DMV provides information on veteran services

The Department of Motor Vehicles is required to offer information on veteran services available in Virginia to any person who identifies himself as a veteran on a document submitted to the department for a driver or vehicle transaction.

Misclassification of employees as independent contractors

Employer are prohibited from classifying an individual as an independent contractor if the person is an employee. The Department of Taxation must investigate and determine whether an individual is an independent contractor by applying Internal Revenue Service guidelines. Violators are subject to civil penalties and debarment from public contracts.

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• VA Governor Signs Host Of Police, Criminal Justice Reform Bills
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