(a) No commercial driver may engage in texting while driving a commercial motor vehicle.
(b) No motor carrier may allow or require its drivers to engage in texting while driving a commercial motor vehicle.
(c) For the purposes of this section only, and unless a more restrictive prohibition is prescribed in the West Virginia Code, driving means operating a commercial motor vehicle with the motor running, including while temporarily stationed because of traffic, a traffic control device or other momentary delays. Driving does not include operating a commercial motor vehicle with or without the motor running when the driver moved the vehicle to the side of or off a highway, as defined in 49 CFR 390.5, and halted in a location where the vehicle can safely remain stationary. (WVaC 17E-1-14(a))