Soon, South Carolina will join other states as a hands-free driving state, with cell phone use banned altogether while driving.
The South Carolina Hands-Free and Distracted Driving Act has been passed by the House, and was signed on Monday by Governor Henry McMaster.
The bill makes it illegal to use any “mobile electronic device” while driving. The law will take effect September 1, 2025. But, during the first 180 days after the law takes effect, officers will only issue warnings for violations.
So, hopefully there will be a lot less texting while driving in the Beaufort area, as well as drivers taking photos and videos while operating their vehicle; two things we see a lot of here in the Lowcountry.
According to H.3276, a “mobile electronic device” means a cellphone, portable computer, GPS receiver, electronic game, or any substantially similar stand-alone electronic device used to communicate, display, or record digital content.
Of course, this does not include the use of a citizens band radio, amateur radio, ham radio, commercial two-way radio or its functional equivalent, subscription-based emergency communication device, or prescribed medical device; so everyone out there with a 9 foot antenna on their truck is still ok.
Drivers will be prohibited from the following:
- Holding or supporting a mobile device with any part of the body. This does not prohibit the use of an earpiece or device worn on the wrist used for voice-based communication.
- Reading, writing, or sending any form of text including, but not limited to, a text message, email, application interaction, or website information on a mobile electronic device
- Watching motion including, but not limited to, a video, movie, game, or video call on a mobile electronic device.
However, it is still legal to use your phone while legally parked or stopped; reporting an accident, emergency, or safety hazard to a public official; or performing official duties as a first responder.
The bill states that drivers are also allowed to use their phone or electronic device for navigation, listening to audio-based content, or obtaining traffic or road condition information in a manner that doesn’t require the driver to type.
Penalties for not obeying the new law will be a $100 fine for the first offense. Then a $200 fine and 2 points assessed to the drivers license for a second offense (within 3 years of the 1st offense). Also, officials say that you cannot be arrested for this summary offense, unless you fail to appear in court.