H. B. 2995


(By Delegates Eldridge, Martin, Barker,

Argento, Phillips, Butcher, Mahan, Hall,


Cowles and Rodighiero)

[Introduced March 9, 2009; referred to the

Committee on the Judiciary.]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-14-3, relating to prohibiting text messaging by use of a cell phone or personal digital assistant while driving.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §17C-14-3, to read as follows:

ARTICLE 14. MISCELLANEOUS RULES.

§17C-14-3. Use of cellular telephone or personal digital assistant to text message while driving prohibited.

(a) A person may not operate a motor vehicle while using a handheld cellular telephone, a personal digital assistant or similar device to send a text message requiring the motor vehicle operator to hold the device in one of his or her hands while driving.
(b) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and upon a third or subsequent conviction, shall be fined not more than $500.


NOTE: The purpose of this bill is to prohibit the use of handheld cellular telephones or similar device to send a text message while driving and to provide a penalty for violations.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.