Subcommittee advances bill banning live social‑media streaming while driving after amendment

Delegate Stellia Cole presented a substitute to HB320 aimed at deterring drivers from live streaming to social media while operating a vehicle.

Under the substitute, the behavior narrowly targeted is live streaming to social‑media platforms while driving; the bill is explicit that common communications such as FaceTime or Zoom calls are not the social‑media activity the measure addresses. The substitute makes the offense secondary and sets penalties that include a $500 fine for a first violation, a 30‑day driver's‑license suspension for a second violation and a 90‑day suspension for a third; the bill also allows a fine of up to $500 if a driver live streams and is involved in an accident.

Committee members raised enforcement questions about how law enforcement would distinguish live social‑media broadcasts from other forms of in‑vehicle communications and how evidence could be used in proceedings. Delegate Cole and counsel said the substitute relies on existing code definitions of "social media" and that making the offense secondary was intended to avoid random traffic stops. Delegate Thomas successfully moved a friendly amendment to broaden an emergency exemption so that live streaming to report the commission of a crime would be protected along with reporting an emergency.

Major Ron Maxey of the Virginia State Police testified that VSP had no concerns with the substitute as described. He said many live streams remain online for days, creating post‑event evidence, and that a warrant could be sought after an incident is reported. "If we had a fatality, if we had something and one of their friends says, hey, they posted this crash online, we could go to the magistrate and get a warrant after the fact," Major Maxey said.

After recorded roll call, the subcommittee reported the substitute to the full Transportation Committee on a 6–1 vote.