South Carolina House Bill H3536

South Carolina 2025-2026 Regular Session

• Introduced: 1/14/25
• Refer: 1/14/25

Caption

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA HANDS-FREE AND DISTRACTED DRIVING ACT" BY ADDING SECTION 56-5-3995 SO AS TO PROVIDE THE CIRCUMSTANCES UPON WHICH IT IS UNLAWFUL TO USE WIRELESS TELECOMMUNICATIONS DEVICES, TO CREATE THE OFFENSE OF DISTRACTED DRIVING, AND TO PROVIDE PENALTIES; BY AMENDING SECTION 56-1-720, RELATING TO THE POINT SYSTEM ESTABLISHED AND A SCHEDULE OF POINTS FOR VIOLATIONS, SO AS TO PROVIDE A SECOND OR SUBSEQUENT OFFENSE OF DISTRACTED DRIVING IS A TWO-POINT VIOLATION; TO PROVIDE THE DEPARTMENT OF TRANSPORTATION SHALL ERECT SIGNS ADVISING MOTORISTS OF THE PROVISIONS OF THIS ACT; BY REPEALING SECTION 56-5-3890 RELATING TO UNLAWFUL USE OF A WIRELESS ELECTRONIC COMMUNICATION DEVICE WHILE OPERATING A MOTOR VEHICLE; TO PROVIDE LAW ENFORCEMENT OFFICERS SHALL ISSUE WARNINGS FOR CERTAIN VIOLATIONS OF THIS ACT DURING THE NINETY-DAY PERIOD FOLLOWING ITS EFFECTIVE DATE; AND TO PROVIDE AT THE END OF EACH FISCAL YEAR, THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE A REPORT CONTAINING THE AGE, GENDER, AND RACE OF EVERY DRIVER ISSUED A CITATION.

Impact

The implications of this bill on state law are significant, as it repeals previous legislation regarding the unlawful use of mobile devices while driving and implements a point system for distracted driving offenses. A first-time offender will face a $100 fine, while subsequent offenses would attract a higher fine of $200 and points on their driving record. Notably, during the initial 90 days after the act comes into effect, law enforcement will issue only warnings for infractions, aiming to educate the public about the new rules without immediate penalties. The Department of Public Safety will also be required to report demographics related to traffic citations, which may help evaluate the effectiveness of the law in improving public safety.

Summary

House Bill 3536, known as the 'South Carolina Hands-Free and Distracted Driving Act,' aims to improve traffic safety by regulating the use of mobile electronic devices while operating a vehicle. This act modifies existing statutes to create a clear prohibition against using such devices in a manner that could distract drivers. Specifically, the bill outlines circumstances under which the use of wireless telecommunications devices is considered unlawful and defines the offense of distracted driving, along with corresponding penalties for violators. By introducing these new regulations, the bill seeks to reduce accidents caused by distracted driving, thereby enhancing the safety of road users across South Carolina.

Contention

While supporters of HB 3536 advocate for its potential to reduce dangerous driving behaviors using mobile devices, there are concerns regarding its enforcement and implications for civil liberties. Opponents may argue that this legislation could lead to unnecessary stops by law enforcement officers based on reasonable suspicion and the potential for racial profiling. Furthermore, critics may express concern over the preemption of local ordinances, which might restrict municipalities' ability to plead for stricter regulations that align more closely with their specific needs. Consequently, while the bill intends to create a safer driving environment, its long-term effects on local governance and civil rights remain points of contention.