In May 2025, the South Carolina legislature passed a hands-free law aimed at reducing the number of distracted driving collisions on South Carolina roads. The South Carolina Hands-Free and Distracted Driving Act takes effect on September 1, 2025.
While the state’s previous texting-and-driving law does not allow drivers to use a mobile electronic device to compose, send, or read a text-based communication while driving, the new hands-free law adds more restrictions on using mobile electronic devices while operating a motor vehicle.
Under the Hands-Free and Distracted Driving law, drivers are not allowed to:
- Hold or support a mobile device with any part of their body.*
- *This does not prohibit the use of an earpiece or device worn on the wrist used for voice-based communication.
- Use a mobile device to read, compose, or transmit texts, emails, app interactions, or website information.
- Watch motion on a mobile device, including a video, movie, game, or video call.
What are the Penalties for Violating the Hands-Free Law?
During the first 180 days after the law goes into effect, South Carolina law enforcement shall only issue warnings for violations of the hands-free law. After 180 days, law enforcement will begin to issue tickets for violations.
Important Note: First violations will be subject to a fine only. Subsequent violations will be subject to a fine and points against your driver’s license. The new law outlines the following penalties for violations:
- 1st offense – $100 fine
- 2nd and subsequent offenses (within three years) – $200 fine and two points on the driving record
Commercial Driver’s License Holders
Those who hold a commercial driver’s license (CDL) and operate a commercial motor vehicle (CMV) should note that these violations count as serious offenses under 49 CFR 383.51 Disqualification of Drivers.
Under 49 CFR 383.51 and SC Code of Laws Section 56-1-2110, if a CDL holder is convicted of two disqualifying violations within a three-year period while operating a CMV, the CDL may be disqualified for 60 days by the SC Department of Motor Vehicles.
Exceptions to the Hands-Free Law
Exceptions to this hands-free law include 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.
You can read more about the Hands-Free Law in the South Carolina Hands-Free and Distracted Driving Bill here.
What is Dangerous About Using a Phone While Driving?
Distracted driving is defined as driving a vehicle while engaging in any activity that takes the driver’s attention away from driving.
There are three main types of distractions while driving:
- Visual – taking your eyes off the road
- Manual – taking your hands off the wheel
- Cognitive – taking your mind off driving
Using an electronic mobile device, like a mobile phone, while driving involves all three types of distractions. This is why using a cellphone while driving is so dangerous for you, your passengers, and other people on the road.
Remember, you cannot drive safely unless your full attention is on the act of driving. Any non-driving activity you engage in while behind the wheel is a potential distraction and increases your risk of crashing, injury, and even death.
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