§ 72.291 COMMERCIAL DRIVERS PROHIBITED FROM TEXTING.
   (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 C.F.R. § 390.5, and halted in a location where the vehicle can safely remain stationary.
(W. Va. Code § 17E-1-14a) Penalty, see § 72.999