The new law reads as follows: § 46.2-1078.1. Use of handheld personal communications devices in certain motor vehicles; exceptions; penalty. A. It is unlawful for any person to operate a moving motor vehicle on the highways in the Commonwealth while using any handheld personal communications device to: 1. Manually enter multiple letters or text in the device as a means of communicating with another person; or 2. Read any email or text message transmitted to the device or stored within the device, provided that this prohibition shall not apply to any name or number stored within the device nor to any caller identification information. B. The provisions of this section shall not apply to: 1. The operator of any emergency vehicle while he is engaged in the performance of his official duties; 2. An operator who is lawfully parked or stopped; 3. The use of factory-installed or aftermarket global positioning systems (GPS) or wireless communications devices used to transmit or receive data as part of a digital dispatch system; or 4. Any person using a handheld personal communications device to report an emergency. C. A violation of this section is a traffic infraction punishable, for a first offense, by a fine of $125 and, for a second or subsequent offense, by a fine of $250. “The increase in fines was a major factor in deciding to reach out, we wanted to make sure as many people as possible we given the hint that texting/emailing while driving is illegal, unsafe and now very costly”, stated Sheriff Hieatt. While law enforcement has been given an exemption to this law the Tazewell County Sheriff’s Office has placed into policy a requirement that no deputy in a Sheriff’s Office vehicle text or email while driving a Sheriff’s Office vehicle, as well changing policy to include that all deputies must use a hands free device when driving a Sheriff’s Office vehicle. We are asking any citizen that sees one of our deputies driving and talking on a cell phone without a hands free device or texting/emailing while driving to get the vehicle number on the rear bumper of each of our cars and to contact our office via email, Facebook or Twitter, all complaints must be in writing. Chief of Operations Mike Shawver stated, “We are taking a stand against this very serious problem and we believe we should set the example for others to follow. We have provided each deputy we provide a phone for a hands free device and have advised our deputies they must use a hands free device for their personal cell phones.” We would like to thank our community partner Clinch Valley Printing for stepping in and helping us spread the word and give our citizens a gentle (cost saving) nudge. Please remember that texting/emailing while driving is illegal and will no longer be tolerated. The Tazewell County Sheriff’s Office will be issuing these warning cards through the month of July unless, as stated previously the violation resulted in an accident or was reckless and caused other vehicles to become involved and it is not to say that everyone will be given a pass on this law the deputy will have discretion to issue a summons if they feel it is appropriate. This program only involves the Tazewell County Sheriff’s Office, to our knowledge no other agency has or is adopting this action regarding this new law. Photo: While it has been illegal to text and drive in the past beginning tomorrow on July 1st, 2013 texting and driving becomes a primary offense, this means officers, deputies and troopers can now stop you and issue you a summons because you were texting and driving. The addition to this law is that now there doesn’t have to be any other violation of law, “Making this a primary offense should limit the number of crashes we see annually due to texting while driving” stated Tazewell County Sheriff Brian Hieatt. Our agency has decided to partner with Clinch Valley Printing of Tazewell to provide a notice to those that may be violating this law. Susan Weaver, owner/operator of Clinch Valley Printing said, “The Sheriff came to us and asked us to help and we felt it was our civic duty to jump in and lend a hand, we have provided the Sheriff’s Office with 100 “warning” cards and we are prepared to make as many more as they need.” The partnership with Clinch Valley Printing and the Tazewell County Sheriff’s Office has provided for 100 Warning cards to be issued by the deputies of the Sheriff’s Office to those drivers they suspect are in violation of the change in this law. “We want to get the word out and let people know it is not safe or acceptable anymore to text or email while driving” said Sheriff Hieatt. The deputies will have as always the discretion as to issue a summons or not, if the violation was so great as to have caused an accident or become reckless the offender will most likely be issued a summons. Additional changes in this law include a substantial change in fines for such offenses, previously a first offense would be a $20 fine now that first offense fine is $125 and a second offense is $250. The new law reads as follows: § 46.2-1078.1. Use of handheld personal communications devices in certain motor vehicles; exceptions; penalty. A. It is unlawful for any person to operate a moving motor vehicle on the highways in the Commonwealth while using any handheld personal communications device to: 1. Manually enter multiple letters or text in the device as a means of communicating with another person; or 2. Read any email or text message transmitted to the device or stored within the device, provided that this prohibition shall not apply to any name or number stored within the device nor to any caller identification information. B. The provisions of this section shall not apply to: 1. The operator of any emergency vehicle while he is engaged in the performance of his official duties; 2. An operator who is lawfully parked or stopped; 3. The use of factory-installed or aftermarket global positioning systems (GPS) or wireless communications devices used to transmit or receive data as part of a digital dispatch system; or 4. Any person using a handheld personal communications device to report an emergency. C. A violation of this section is a traffic infraction punishable, for a first offense, by a fine of $125 and, for a second or subsequent offense, by a fine of $250. “The increase in fines was a major factor in deciding to reach out, we wanted to make sure as many people as possible we given the hint that texting/emailing while driving is illegal, unsafe and now very costly”, stated Sheriff Hieatt. While law enforcement has been given an exemption to this law the Tazewell County Sheriff’s Office has placed into policy a requirement that no deputy in a Sheriff’s Office vehicle text or email while driving a Sheriff’s Office vehicle, as well changing policy to include that all deputies must use a hands free device when driving a Sheriff’s Office vehicle. We are asking any citizen that sees one of our deputies driving and talking on a cell phone without a hands free device or texting/emailing while driving to get the vehicle number on the rear bumper of each of our cars and to contact our office via email, Facebook or Twitter, all complaints must be in writing. Chief of Operations Mike Shawver stated, “We are taking a stand against this very serious problem and we believe we should set the example for others to follow. We have provided each deputy we provide a phone for a hands free device and have advised our deputies they must use a hands free device for their personal cell phones.” We would like to thank our community partner Clinch Valley Printing for stepping in and helping us spread the word and give our citizens a gentle (cost saving) nudge. Please remember that texting/emailing while driving is illegal and will no longer be tolerated. The Tazewell County Sheriff’s Office will be issuing these warning cards through the month of July unless, as stated previously the violation resulted in an accident or was reckless and caused other vehicles to become involved and it is not to say that everyone will be given a pass on this law the deputy will have discretion to issue a summons if they feel it is appropriate. This program only involves the Tazewell County Sheriff’s Office, to our knowledge no other agency has or is adopting this action regarding this new law.
Posted on: Thu, 11 Jul 2013 13:30:52 +0000