An act to amend the Code of West Virginia, regarding traffic safety has passed, establishing the traffic offense for operating a motor vehicle while texting or making a phone call, without the use of hands-free technology. The act passed March 10, 2012 and became effective 90 days later.

Driving or operating a motor vehicle wile texting will be enforced as a primary offense as of July, 1 2012. Driving or operation of a motor vehicle while using a cell phone without a hand-free device will be enforced as a secondary offense as of July 1, 2012 and a primary offense as of July 1, 2013.

Any person who violates the provisions of the act and is found guilty of a traffic offense will face a $100 fine for a first offense, a $200 for a second offense, and $300 fine for a third or subsequent offenses.