Palmetto State drivers must go hands-free as new enforcement and penalties take effect…
by ERIN PARROTT
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In less than two weeks, South Carolina’s new Hands-Free law takes effect – banning drivers from using cell phones, tablets and other electronic devices while behind the wheel.
While the state’s previous texting-and-driving law prohibits drivers from composing, sending or reading text-based communication while driving, the new hands-free law – Act 40 of 2025 – adds new restrictions related to hand-held devices.
According to the South Carolina Department of Public Safety (SCDPS), the new rules that take effect September 1, 2025, will bar drivers from:
- Holding or supporting a mobile device with any part of their body.
- Using a mobile device to read, compose, or transmit texts, emails, app interactions, or website information.
- Watching motion on a mobile device, including a video, movie, game, or video call.
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For the first 180 days after the Hands-Free law takes effect, South Carolina officers will issue warnings only – with tickets and fines added once the grace period ends.
First violations will be subject to a fine of $100 – followed by a $200 fine and two points on the driving record for the second and subsequent violations within three years.
However, SCDPS notes that this law does not prohibit the use of an earpiece or device worn on the wrist used for voice-based communication, as well as 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.
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The fiscal impact of the new law is unclear, according to the S.C. Revenue and Fiscal Affairs (SCRFA) office.
“This bill may result in an increase in the fines and fees collected in court,” an analysis (.pdf) prepared by the agency noted. “The bill specifies that twenty-five percent of the fines imposed for violations of the bill must go to DPS for educating the public on the dangers of distracted driving. The remaining seventy-five percent of court fines and fees are distributed to the general fund, other funds, and local funds.”
In recent years, SCDPS has reported that distracted or inattentive driving causes more than 20,000 crashes annually in South Carolina – with an estimated 300 to 1,000 of those tied directly to cell phone use.
State officials define distracted driving as operating a vehicle while engaging in any activity that takes the driver’s attention away from driving, noting the three main types as visual, manual and cognitive.
SCDPS explains that using an electronic mobile device – such as a cell phone – while driving involves all three of types of distractions, thus endangering the lives of drivers, passengers and other people on the road. Critics contend the measure – like the state’s primary seat belt enforcement law – is yet another way for police to initiate traffic stops where they would have otherwise lacked probable cause to pull over a vehicle.
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ABOUT THE AUTHOR…
Erin Parrott is a Greenville, S.C. native who graduated from the University of South Carolina in 2025 with a bachelor degree in broadcast journalism. Got feedback or a tip for Erin? Email her here.
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