HAMPTON: EYES OFF PHONE, ON ROAD

City Council passes tougher law to target distracted drivers

HAMPTON — In Virginia, there are no laws specifically requiring drivers to have handsfree devices when using their cellphone — so far — but within Hampton city limits, it’s now a requirement.

Hampton City Council passed an ordinance that targets drivers who are using a handheld personal communication device in a way that “diverts the driver’s attention” from operating the vehicle.

The goal is to reduce the number of “distracted drivers.” If found guilty of violating this law, drivers would be fined $125 for a first offense and $250 for subsequent offenses, according to city officials.

The item was passed last week during the City Council’s evening session.

Motorists exempted from Hampton’s new law include:

■ drivers who are lawfully parked or stopped

■ drivers of an emergency vehi-

cle engaged in regular duty

■ a motorist using a handheld device to call in an emergency

■ a driver who is using a handheld radio-based communication device

The ordinance is akin to drivers charged with unsafe lane changes or failure to signal, city spokeswoman Robin McCormick said in a release Monday.

The law covers cellphone use on a broad scope — dialing a phone, watching a video or movie, checking social media, scrolling, playing a game or any other cellphone use that would distract drivers and cause them to keep one hand off the steering wheel, McCormick said.

There would need to be an indication of distraction, such as weaving in and out of lanes, stop sign violation or something similar, she added.

Previously, an officer would need to get a warrant for the contents of the phone to prove if the driver was typing or reading a communication in order for it be used in court, according to Hampton police.

City traffic violations carry demerit points if they parallel a state code, but since the city’s law differs somewhat from the state’s, it will be up to the Department of Motor Vehicles to make that call, McCormick said.

Police see it as another tool to use when charging motorists who break the city’s laws or risk the safety of other motorists. Officials hope the threat of a fine will encourage motorists to put down their cellphones and focus on driving.

“It’s not a silver bullet, but it is a very useful tool toward protecting the driving and walking public,” Hampton Police Chief Terry Sult said.

Nationally, as many as 17 states, Puerto Rico and Guam have laws on the books requiring drivers to use hands-free devices.

Under current Virginia code, there is a ban on texting and reading emails on a cellphone while driving, in place since 2009

The distracted driving issue has been on the radar of state lawmakers for years. But a state bill to tighten regulations with motorists using handheld devices that “substantially diverts the driver’s attention” failed in 2018. That bill carried a fine of $500 or a minimum of $250 if in a highway work zone.

However, there is a renewed effort by lawmakers in the current General Assembly session to resurrect that bill.

Additionally, state law gives localities broad authority to adopt laws to regulate motor vehicle rules within the city limits.

In 2017, there were 26,1213 traffic crashes caused by distracted driving, according to data from Virginia DMV and the state Highway Safety Office. Of those, there were 208 motor vehicle-related deaths and 14,656 injuries.