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