At The Floyd Law Firm, we are committed to keeping our clients informed about important legal developments that affect their daily lives. One such development is the South Carolina Hands-Free and Distracted Driving Act (H. 3276)—a law designed to improve roadway safety by reducing distractions behind the wheel.
Signed into law on May 12, 2025, this legislation strengthens the state’s existing texting ban by broadly prohibiting the use of mobile electronic devices while operating a motor vehicle. As personal injury and traffic law advocates, we support efforts that aim to protect South Carolina drivers, passengers, and pedestrians from the dangers of distracted driving.
What the Law Prohibits
Under this new act, drivers are not permitted to:
- Hold or support a mobile electronic device—This includes holding your phone to your ear, resting it on your lap, or supporting it with your shoulder.
- Read, write, or send text-based communications—This applies to all messaging, social media, and email functions.
- Watch videos or engage in video calls—Drivers cannot view media or participate in visual communications while driving.
These prohibitions apply when your vehicle is in motion, including while stopped at a red light or in traffic.
What Is Allowed
The law is designed with flexibility for safe and necessary communication. The following uses are permitted:
Hands-free technology: You may use Bluetooth, voice-activated commands, or dashboard-integrated systems to make calls or send messages.
Using a phone while lawfully parked: This includes being parked in a lot or pulled over and safely out of traffic.
Emergency use: You may use your phone to contact emergency services in situations that require immediate assistance.
Public safety officials: Law enforcement, fire, and EMS personnel may use mobile devices as needed while on duty.
Navigation systems: Drivers may use GPS apps or built-in navigation systems to receive directions and traffic updates.
Specialized devices: The law does not apply to the use of CB radios, ham radios, commercial two-way radios, medical alert systems, or other subscription-based emergency communication tools.
Enforcement and Penalties
The law will be enforced by state and local law enforcement officers who must have an “unobstructed view” of the driver holding or using a device in violation of the act in order to make a traffic stop.
Penalties Include:
- First Offense: $100 fine
- Subsequent Offenses: $200 fine and two points on your driving record
- There will be a 180-day grace period during which only warnings will be issued. This gives drivers time to become familiar with the law and adjust their habits.
The South Carolina Department of Public Safety will also lead public education efforts to increase awareness about the risks of distracted driving and the new legal requirements. While the new law targets mobile device use, it does not ban eating, drinking, or wearing headphones while driving. However, drivers may still be held accountable if such activities lead to unsafe driving or traffic violations.
Distracted driving remains one of the leading causes of accidents on our roadways. By putting the phone down and focusing on the road, we can all contribute to safer travel throughout our communities.
At The Floyd Law Firm, located in Murrells Inlet and serving clients across the Grand Strand and beyond, we are here to help you understand how this law—and others like it—can affect your rights, responsibilities, and safety. If you’ve been involved in an accident caused by distracted driving or have questions about how this law applies to you, our team is ready to assist.
