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SC Hands-Free and Distracted Driving Act

In May, the South Carolina General Assembly passed a H3276 to significantly restrict usage of cell phones while driving. It takes effect September 1, 2025, and for the first 180 days, officers will issue only warnings for violations. 

The law governs the use of a “mobile electronic device” while driving, such as a cell phone, but it also covers any similar electronic device or video game. 

When operating a motor vehicle on a public road, drivers face several prohibitions: 

  • Using the device by holding or otherwise supporting it. There are exceptions for earpieces or voice-based communications through a wrist device. 
  • Reading, writing or sending a text message or other text material. 
  • Watching video of any kind. 

H3276 does allow drivers to use a phone or other electronic device for navigation, listening to audio, obtaining traffic information in a way that does not require typing, or initiating or ending a cell phone call or using voice-to-text in a way that does not require typing. 

The law has some exceptions in which a driver may use their phone while touching it: 

  • The vehicle is lawfully stopped or parked. 
  • The driver is reporting an accident, emergency or safety hazard to a public safety official. 
  • The driver is performing official duties as a first responder.