It is now illegal to live stream on the internet and drive in the Commonwealth. The law change comes after a particularly animated bill presentation, but some legal advocates say it leaves other driving distractions unregulated.
"No, no, I’m about to crash out. TyBlur67? 6-7 6-7. Thanks for the sub, man," said Fredericksburg Delegate Joshua Cole, giving a lively, fictionalized telling of a live streamed car crash ahead of the passage of his bill which bans live streaming on social media while driving. "My car is cooked!” he exclaims.
Governor Abigail Spanberger signed the law earlier this year. And Cole said it was passed with concerns for pretextual stops in mind, meaning you can’t be pulled over explicitly for live streaming, but you can get a ticket after. The lawmaker also noted the act is unique for making a record of the crime.
“If we had a fatality, if we had something and one of their friends said, ‘hey, they posted this crash online,’ we could go to the magistrate and get a warrant after the fact,” said Virginia State Police Major Ronald Maxey, describing how the effort could be enforced.
Alex Girguis is with Off the Record, a legal clearinghouse he described as “Uber for lawyers.” They’ve been tracking the development of no-streaming-while-driving laws and said Virginia’s is unique. While states like New York and South Carolina have expansive no distracted driving laws that encompass pretty much any cell phone use, he said Virginia’s laws leave room for improvement.
“I know I can’t text and drive and I know I can’t stream; can I facetime? Is that considered live streaming? Can I watch a movie?" Girguis asked. "There are so many other things you can do with your phone that are not covered by this law.”
A search of Virginia’s distracted driving law does not mention Girguis’ concerns. Perhaps Cole will take those issues up in 2027.
