Tennessee Senate Bill SB1408

Tennessee 2025-2026 Regular Session

• Introduced: 2/6/25

Caption

AN ACT to amend Tennessee Code Annotated, Section 55-8-199, relative to use of a wireless telecommunications device while operating a motor vehicle.

Summary

SB1408 amends Tennessee’s hands-free/wireless device law for drivers by narrowing one of the core prohibitions and adjusting penalties. Under current law, physically holding or supporting a wireless telecommunications device while operating a motor vehicle is broadly restricted; this bill would make that conduct specifically prohibited only when a driver is in a work zone where Tennessee Department of Transportation employees or construction workers are present, or in a marked school zone when warning flashers are operating. The bill also revises the penalty structure for violations of the wireless device statute, distinguishing between the most serious conduct and other prohibited uses of a device while driving. For the broader set of prohibited device uses under Section 55-8-199, the bill sets a Class C misdemeanor with a fine of up to $50 for most first offenses, increasing to $100 for a third or subsequent offense or if the violation results in an accident, and to $200 when the violation occurs in a work zone or active school zone. It also limits court costs to no more than $10 and makes state and local litigation taxes inapplicable to prosecutions under this section. The act would take effect July 1, 2025.

Impact

The bill would amend Tennessee Code Annotated § 55-8-199, changing when a driver may be cited for physically holding or supporting a wireless device and revising the fine schedule for distracted-driving violations. It would directly affect motorists, law enforcement, courts, and employers or workers in highway construction and school-zone safety contexts by creating higher penalties in those protected areas and by limiting additional court-imposed costs and taxes.

Sentiment

No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or opposition in the supplied materials. Based on the text alone, the bill appears to reflect a safety-focused approach to distracted driving, especially in work zones and school zones, while also simplifying and standardizing penalties. The absence of discussion records prevents a reliable assessment of broader legislative sentiment.

Contention

The main potential point of contention is the bill’s narrowing of the general prohibition on physically holding a wireless device to only work zones with active TDOT or construction presence and marked school zones with flashers operating, which could be viewed as weakening the existing hands-free rule outside those locations. Another likely issue is the penalty structure: supporters may favor higher fines in sensitive areas and lower court costs, while critics may question whether the bill reduces deterrence for ordinary distracted driving or creates uneven enforcement across different driving environments.