No, Virginia’s distracted driving statute prohibits any activity that diverts attention from the road, including applying makeup. The Code of Virginia § 46.2-818.1 bans handheld device use but extends to other distractions under § 46.2-308, which cites “inattentive driving.” Local courts in Northern Virginia have fined drivers for grooming behaviors under this broader interpretation, and 2026 legislative proposals aim to codify such acts as primary offenses.
Key Regulations for Applying Makeup While Driving in Virginia
- § 46.2-818.1 (Distracted Driving): Prohibits any action that impairs a driver’s ability to operate a vehicle safely, including grooming.
- § 46.2-308 (Inattentive Driving): Allows law enforcement to cite drivers for “inattention” if makeup application causes lane deviations or delayed reactions.
- Local Enforcement Trends: Fairfax County courts have upheld fines up to $250 under § 46.2-308 for drivers observed applying makeup, per 2024 case law.
Virginia’s Department of Motor Vehicles (DMV) emphasizes that even momentary lapses—such as a mascara wand blocking vision—violate the state’s “reasonable control” standard under § 46.2-852. The DMV’s 2025 safety report flags makeup use as a growing contributor to rear-end collisions in urban corridors like I-95.