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South Carolina Enacts Hands-Free and Distracted Driving Act

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Drivers practicing hands-free driving in South Carolina

News Summary

Governor Henry McMaster has signed the Hands-Free and Distracted Driving Act, effective September 1, 2025, to enhance road safety in South Carolina. The law prohibits the use of mobile devices while driving, with exceptions for hands-free operation. Violations will incur fines and points on the driver’s license. This legislation is a response to alarming traffic statistics, aiming to reduce accidents caused by distracted driving, which claimed numerous lives in recent years.

Columbia, South Carolina – The South Carolina Hands-Free and Distracted Driving Act is set to take effect on September 1, 2025, following Governor Henry McMaster’s signature on May 12. The primary goal of this new legislation is to enhance road safety and significantly reduce accidents linked to mobile device distractions.

This landmark law comes in response to alarming traffic statistics from 2022, where South Carolina reported a staggering 143,426 traffic collisions, with 9,240 of those incidents attributed to distracted driving. Particularly concerning is Beaufort County, which recorded 3,726 traffic collisions, with 877 (23.5%) resulting from distractions caused by mobile devices.

The Hands-Free Act explicitly prohibits drivers from using any mobile electronic devices while operating a vehicle, with specific exceptions for hands-free functionality. The term “mobile electronic device” encompasses smartphones, tablets, GPS receivers, and even electronic games. Importantly, the law mandates that drivers cannot hold or support a mobile device with any part of their body while driving.

Prohibited Activities

Under the newly enacted law, drivers are banned from writing, sending, or reading text messages while behind the wheel. Additionally, activities such as watching videos, playing games, or participating in video calls while driving are also prohibited. However, there are allowances for using earpieces or wrist devices for voice communication, as well as listening to audio content like music, podcasts, or navigation instructions, provided that the device is not physically held.

Penalties and Enforcement

Violations of the Hands-Free Act carry significant penalties. The first offense will result in a $100 fine, while a second or subsequent violation could incur a $200 fine and the addition of two points to the driver’s license. It is important to note that during the initial 180 days after the law takes effect, offenders will only receive warnings for violations as part of a transitional enforcement phase.

Violations of the law are classified as summary offenses, meaning that police cannot make arrests unless a driver fails to appear in court or pay fines. This approach is expected to ease the transition into compliance within the first few months.

Exceptions to the Law

While the Hands-Free Act establishes strict regulations for most drivers, certain exceptions apply. Drivers are permitted to use devices in a voice-activated or hands-free mode, report accidents, hazardous road conditions, or emergencies. Importantly, this law does not extend to law enforcement, firefighters, or emergency medical personnel while they are carrying out their official duties.

Background and Motivation

The introduction of the Hands-Free and Distracted Driving Act was partly influenced by federal requirements surrounding distracted driving laws. Failure to comply with these regulations could result in the loss of significant federal highway funding for the state. The broader emphasis of this law focuses on improving driver safety and reducing instances of distracted driving, as informed by various traffic safety studies and trends observed within the state.

Overall, with the implementation of this legislation, South Carolina takes a significant step towards bolstering road safety and addressing the critical issue of distracted driving that has plagued its highways and byways.

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