Hands-free driving bill advances through South Carolina House

COLUMBIA, S.C. (WCBD) – Distracted driving contributes to tens of thousands of traffic crashes in South Carolina each year, according to data from the South Carolina Department of Public Safety.

A bill aimed at curbing that statistic and traffic fatalities more generally is again moving through the state legislature.

The House passed H.3276, which would ban drivers from holding a cellphone and other types of mobile electronic devices while operating a motor vehicle, in an 85-25 vote Wednesday.

It would not apply to first responders responding to an emergency or drivers who are reporting a crash or other safety hazard to law enforcement. Motorists would still be able to make calls using an earpiece, wrist-worn device, or other voice-based communication applications.

Advocates have been pushing for the legislation for years, but it never gained enough traction to reach the governor’s desk. The threat of losing federal highway funding could now change that.

“We’re under a mandate either do a hands-free bill or we’ll potentially lose in excess of $50 million over two years in highway funding,” said Rep. Bill Taylor (R-Aiken), a longtime champion of the legislation.

The bill expands the state’s existing prohibition on texting while driving, making it unlawful to hold or support a mobile device “with any part of the body” – a particular sticking point for some.

“Your phone could be sitting in your lap, and you’re going to get pulled and you’re going to get a ticket, and you’re going to get a fine,” said Rep. Leon Stavrinakis (D-Charleston).

Taylor disagreed with that interpretation.

“I don’t think a police officer, you know, can look over the window and down into their lap and pull them over for that because that’s a little awkward, so they would have to have it where they can see it,” he said.

An amendment adopted Wednesday added probable cause language into the statute, requiring law enforcement to have a “clear, unobstructed view” of a person using the device in a hand-held manner before stopping them.

Then, there was the issue of what punishment violators should face.  

As written, a driver could be fined up to $100 for a first offense, with the penalty increasing to $200 for subsequent offenses.

Those found in violation would also be docked two points on their driving record, a provision Taylor argued serves as the “only real deterrent” to distracted driving.

But one lawmaker who wanted even stronger penalties questioned why distracted driving should cost only two points, referencing the current breakdown of how points are assigned.

In South Carolina, an offense such as shifting lanes without a signal carries two points, whereas reckless driving is a six-point violation. Once a driver accumulates 12 points, their license is suspended.

“I would assume that while I’m riding down the street…that would be considered reckless driving,” Rep. Jermaine Johnson (D-Richland) argued.

The impact on car insurance rates was another concern raised by lawmakers during Wednesday’s debate. While insurance companies do not directly use license points to calculate premiums, they do look at a person’s driving record, including crash history and traffic violations.

“Is punishment having your insurance company raise your premiums?” Rep. Seth Rose (D-Richland) questioned.

Rose proposed an amendment that would prevent the “extra step” of notifying an insurance company of a violation.

“I believe that a two-point citation and the increased penalties that we have in the bill is [sic] sufficient for what we’re trying to do,” Rose said, adding the amendment would bring the bill in line with preexisting language.

The bill is expected to get a third reading Thursday. It will then go to the Senate, where a similar measure was passed in 2022 but never made it to the House floor.

If approved by the governor, South Carolina would join more than two dozen states and Washington, D.C., in adopting a so-called “hands-free” law.

The law would take effect one year after it is signed and allow for a 180-day grace period.