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by ERIN PARROTT
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In less than two weeks, South Carolina’s new Hands-Free law takes effect – banning drivers from using cell phones, tablets and other electronic devices while behind the wheel.
While the state’s previous texting-and-driving law prohibits drivers from composing, sending or reading text-based communication while driving, the new hands-free law – Act 40 of 2025 – adds new restrictions related to hand-held devices.
According to the South Carolina Department of Public Safety (SCDPS), the new rules that take effect September 1, 2025, will bar drivers from:
- Holding or supporting a mobile device with any part of their body.
- Using a mobile device to read, compose, or transmit texts, emails, app interactions, or website information.
- Watching motion on a mobile device, including a video, movie, game, or video call.
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For the first 180 days after the Hands-Free law takes effect, South Carolina officers will issue warnings only – with tickets and fines added once the grace period ends.
First violations will be subject to a fine of $100 – followed by a $200 fine and two points on the driving record for the second and subsequent violations within three years.
However, SCDPS notes that this law does not prohibit the use of an earpiece or device worn on the wrist used for voice-based communication, as well as drivers who are:
- Lawfully parked or stopped.
- Using a device in voice-activated or hands-free mode.
- Using a mobile device for audio content like navigation, music, or podcasts without holding it.
- Reporting traffic accidents, hazardous conditions, or medical emergencies.
- Law enforcement, firefighters, and emergency medical personnel are exempt while performing official duties.
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The fiscal impact of the new law is unclear, according to the S.C. Revenue and Fiscal Affairs (SCRFA) office.
“This bill may result in an increase in the fines and fees collected in court,” an analysis (.pdf) prepared by the agency noted. “The bill specifies that twenty-five percent of the fines imposed for violations of the bill must go to DPS for educating the public on the dangers of distracted driving. The remaining seventy-five percent of court fines and fees are distributed to the general fund, other funds, and local funds.”
In recent years, SCDPS has reported that distracted or inattentive driving causes more than 20,000 crashes annually in South Carolina – with an estimated 300 to 1,000 of those tied directly to cell phone use.
State officials define distracted driving as operating a vehicle while engaging in any activity that takes the driver’s attention away from driving, noting the three main types as visual, manual and cognitive.
SCDPS explains that using an electronic mobile device – such as a cell phone – while driving involves all three of types of distractions, thus endangering the lives of drivers, passengers and other people on the road. Critics contend the measure – like the state’s primary seat belt enforcement law – is yet another way for police to initiate traffic stops where they would have otherwise lacked probable cause to pull over a vehicle.
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ABOUT THE AUTHOR…
Erin Parrott is a Greenville, S.C. native who graduated from the University of South Carolina in 2025 with a bachelor degree in broadcast journalism. Got feedback or a tip for Erin? Email her here.
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5 comments
It was already illegal to drive while distracted. I don’t oppose the legislation but it’s laughable to think it will do anything.
I agree. It’s ‘feel good we did something legislation.’
And to think, lawmakers did not include anything to keep a driver’s fingers off of motor vehicle stereo systems and the climate control knobs and switches while driving. Even motorcycles road bikes have stereos, too.
Where is the common sense?
Hallelujah – now if they’ll just enforce it!
Another unnecessary and frivolous use of Legislative power against the citizens. There are already laws on the books (SC 56 Codes) that cover any erratic or unsafe action a driver might make on the road, including obstructing traffic, unsafe lane changes or usage, disregarding traffic signs or signals, and more. The beauty of existing laws was that they did not require someone to be on a cell phone to enforce them. If you made these unsafe maneuvers; whether because you were trying to light a cigarette, adjusting your climate control, or picking your nose, they could be brought to bear. Now, if you lift your cell phone to better see your GPS, even though unsafe vehicle maneuver be made, the road pirates can get you.
Coming soon to a mentally retarded Legislature and Governor near you; “hate crimes” legislation. Because anyone who would commit attempted murder or worse, will surely be deterred by a lesser extra law on the books.
After about a year, it will fade out. Just like the window tint law. In fact many leo vehicles around the state are in violation of the tinted window law.
Furthermore I often see marked and unmarked offices breaking laws. SC law mandates that in daylight hours when it rains and your wipers are on, headlights shall be activated. State Highway Patrol is really good about obeying traffic laws and others, but the Charleston City PD seems to be the worst from my point of view.
I have no problem filing complaints when an officer is out of order. Have been harassed before for doing it, too.