A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 56-5-3895 SO AS TO PROVIDE IT IS UNLAWFUL FOR PERSONS TO OPERATE MOTOR VEHICLES WHILE USING CELLULAR TELEPHONES, PAGERS, PERSONAL DIGITAL ASSISTANT DEVICES, OR OTHER WIRELESS COMMUNICATIONS DEVICES THAT ARE NOT EQUIPPED WITH HANDS-FREE MECHANISMS, AND TO PROVIDE PENALTIES.
Summary
H3806 would add a new section to the South Carolina Code making it unlawful to operate a motor vehicle while using a cellular telephone, pager, personal digital assistant, or other wireless communications device when the vehicle is in motion, unless the device is equipped with and used through a hands-free mechanism. The bill applies broadly to wireless communication devices and is framed as a general prohibition on handheld use while driving.
The bill also creates a criminal penalty for violations. A person convicted under the proposed section would be guilty of a misdemeanor and could be punished by up to 30 days in jail, a fine of up to $500, or both. The act would take effect upon approval by the Governor.
Impact
If enacted, H3806 would expand South Carolina traffic law by creating a new offense in Title 56, Chapter 5, Article 31, specifically targeting handheld wireless device use while driving. It would affect drivers statewide, law enforcement, and courts by establishing a misdemeanor penalty for noncompliance and by carving out an exception for hands-free operation. The bill would add a new statutory prohibition rather than amend an existing distracted-driving provision.
Sentiment
The available record shows limited public or legislative debate, and there are no recorded votes or committee transcripts in the provided materials. Based on the bill text and its referral to the House Judiciary Committee, the measure appears to be a straightforward traffic-safety proposal with no documented opposition or amendments in the available history. The overall sentiment cannot be measured from debate, but the bill’s framing suggests a public-safety rationale.
Contention
No specific points of contention are documented in the provided materials. Potential areas of debate, if the bill were discussed, would likely include enforcement of handheld-device restrictions, the scope of the hands-free exception, and whether misdemeanor penalties and possible jail time are appropriate for this type of traffic offense. However, the record provided does not identify any legislators, stakeholders, or advocacy groups taking positions on those issues.
Similar To
AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA HANDS-FREE AND DISTRACTED DRIVING ACT" BY AMENDING SECTION 56-5-3890, RELATING TO UNLAWFUL USE OF WIRELESS ELECTRONIC COMMUNICATION DEVICES WHILE OPERATING MOTOR VEHICLES, SO AS TO DELETE CERTAIN TERMS AND THEIR DEFINITIONS, TO DEFINE THE TERM "MOBILE ELECTRONIC DEVICE," TO PROVIDE THE CIRCUMSTANCES WHEN MOBILE ELECTRONIC DEVICES MAY NOT BE USED WHILE OPERATING A MOTOR VEHICLE, TO CREATE THE OFFENSE OF DISTRACTED DRIVING AND PROVIDE PENALTIES, TO PROVIDE FOR THE DISBURSEMENT OF FINES IMPOSED PURSUANT TO THIS SECTION, TO PROVIDE THE CIRCUMSTANCES UPON WHICH THIS SECTION MAY BE ENFORCED, TO PROVIDE FOR THE SHARING OF CERTAIN INFORMATION WITH THE DEPARTMENT OF PUBLIC SAFETY, AND TO PROVIDE THIS SECTION IS NOT SUBJECT TO PROVISIONS RELATED TO CITIZENS ARRESTS; BY AMENDING SECTION 56-1-720, RELATING TO POINTS THAT MAY BE ASSESSED AGAINST A PERSON'S DRIVING RECORD FOR MOTOR VEHICLE DRIVING VIOLATIONS, SO AS TO PROVIDE THAT 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; TO PROVIDE ONLY WARNINGS MAY BE ISSUED FOR CERTAIN VIOLATIONS FOR A CERTAIN PERIOD; AND TO PROVIDE THE DEPARTMENT OF PUBLIC SAFETY SHALL FILE A REPORT WITH CERTAIN OFFICIALS CONTAINING INFORMATION ABOUT PERSONS STOPPED PURSUANT TO THIS ACT.
Similar To
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.
Revises provisions related to the use of cellular telephones and other handheld wireless communications devices by minors while operating a motor vehicle. (BDR 43-251)
Provides additional exception to prohibition on usage of wireless communication device while driving and clarifies that use for purpose of navigation must be while the device is mounted or otherwise affixed to vehicle and not held in the motorist's hand.