COLUMBIA, S.C. — Holding a cellphone while driving — whether it’s for having a conversation or answering a text —could become illegal in South Carolina.
Senators revisited legislation — S. 248 — Wednesday morning that would make South Carolina hands free, similar to neighboring Georgia, which passed a law in 2018.
“Distracted driving is a public safety issue, and this bill is an effort to pass a bill that will save lives and make our roads safer,” the bill’s sponsor, Sen. Tom Young, R-Aiken, told The State.
Young’s bill would make holding a phone or other mobile device while driving a distracted driving offense, punishable by points against a person’s driver’s license and a $100 fine. If a driver is caught a second time, they could be fined $300 and two points would be recorded on their license.
Drivers would be prohibited from writing, sending or reading any texts or emails, changing to the next podcast, watching videos on their phones or using more than one button to answer a call under the bill.
Twenty-seven states and the District of Columbia have passed some sort of restrictions on using cellphones while driving.
The driver’s license could be suspended for three or more months if 12 points are recorded against the license.
There are some exceptions to the legislation.
Drivers would be allowed to use voice-to-text functions, earpieces, smart watches and a car’s built-in hands-free media system. Drivers also would be able to lawfully park their car and use their phones while still inside the vehicle.
Drivers who report a traffic accident, a fire, a medical emergency or a crime would also be allowed to use their phones while driving.
The bill also contains exceptions for law enforcement, first-responders and utility services providers who are using their phones for work.
The bill already has the support of several key state agencies, including the state Department of Transportation, the Department of Motor Vehicles and the Department of Public Safety. It also has the support of General Motors, AAA Carolinas and the state trucking association.
Lawmakers were eager to move the bill forward Wednesday morning, unanimously voting to pass it up to the full Transportation Committee.
“We do have a real issue in South Carolina. Let’s be honest with each other in this room, we don’t drive well in South Carolina, hands free or hands full,” S.C. Sen. Sean Bennett, R-Dorchester, said. “This goes a long way to making roads a little safer.”
South Carolina lawmakers have tried to pass similar legislation for years. In 2020, the bill was sidetracked because of COVID-19.
The proposal is similar to Georgia’s law, which took effect in July 2018. Georgia’s law also penalizes drivers for holding or using their phone while driving, but goes one step further.
It bans drivers from having a phone touching any part of their body while talking on their phone while driving, according to the Georgia Governor’s Office of Highway Safety.
In two years, Georgia officials issued nearly 50,000 citations.
Young told The State he’s cautiously optimistic about the bill’s chances of passing this year. If it doesn’t, the bill will have to be refiled again next year and the debate process will have to start again.
“This has been a multiyear effort. I am encouraged that the subcommittee and committee chairmen set the bill for a hearing this week,” Young said. “I am optimistic that the Senate will act on some version of this bill this session.”
