SC Hands-Free Law: What Drivers Should Know

The South Carolina Hands-Free and Distracted Driving Act took effect on September 1, 2025, requiring drivers to remain attentive on the road. The previous texting-and-driving law banned people from composing, sending, or reading text communications while operating a vehicle, and the updated law places additional limits on handling, holding, and watching electronic devices. 

The goal of this legislation is to reduce distracted driving crashes (a common accident cause in South Carolina) and improve road safety. Licensed drivers in South Carolina must understand their rights and responsibilities under the new hands-free law, including its enforcement and penalties. Keep these facts in mind as you adjust to these regulations: 

What the Law Says

Under the new hands-free law, motorists in South Carolina may not:

• Hold or support a mobile device with any part of their body^∗
• 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

^∗ This does not prohibit the use of an earpiece or device worn on the wrist used for voice-based communication.

The law applies to drivers with Class D licenses and operators with Commercial Driver’s Licenses (CDL).

Hands-Free Enforcement and Penalties

The law was enacted on September 1, 2025, and will observe a six-month period in which violators will receive warnings, rather than citations. Enforcement shifts to penalties after February 28, 2026. 

Effective March 1, 2026, drivers who violate  South Carolina’s  hands-free and distracted driving laws may be subject to the following penalties:

• $100 fine (first-time offenders)
• $200 fine and two points on the driving records (offenders with two or more violations in three years)

Penalties for Commercial Vehicle Drivers

Federal trucking laws require CDL holders to observe all state and local laws and ordinances. That means that truckers hauling on any public road in South Carolina must abide by the hands-free law, without exception. CDL drivers who don’t may face possible suspension, as violations are considered serious offenses under Title 49 § 383.51 Disqualification of drivers.

Drivers’ Rights

Motorists should understand their responsibilities for operating safely and attentively, as well as their rights regarding device use and traffic stops for potential distracted driving violations. Under the new bill, a law enforcement officer shall not:

• Stop a person without reasonable suspicion (they must have a clear and unobstructed view of a person who is unlawfully using a prohibited device on a public street or highway)
• Seize, search, view, or require you to forfeit a device because of a violation 
• Search or request to search a motor vehicle, operator, or passenger in a motor vehicle, solely because of a hands-free violation
• Make a custodial arrest solely because of a violation, except upon discovery of certain warrants  

Permitted Device Use Behind the Wheel

South Carolina’s Hands-Free and Distracted Driving Act does allow motorists to use electronic devices in certain situations, such as when the driver is:

• Lawfully parked or stopped
• Initiating a voice-based communication that doesn’t require the driver to hold or support the device
• Reporting an accident, emergency, or safety hazard to a public safety official
• Transmitting or receiving data as part of a digital dispatch system while performing occupational duties, such as network performance testing or FCC testing
• A first responder performing official duties
• Unlocking a device (without typing, holding, or supporting it) and using it for:
  • Audio-based purposes, such as navigation, content, or obtaining traffic and road condition information  
  • Initiating or ending a cellular call
• Using equipment or services installed by the original manufacturer of the vehicle

Tips for Hands-Free Driving

Here are some tips to help you proactively adapt to the new rules:

• Invest in devices, like Bluetooth earpieces, to handle phone calls or texts safely and legally
• Prepare your GPS, apps, audiobooks, or other approved programs before getting on the road
• Pull over in a safe, legal spot when you need to make a phone call or send a message
• Take advantage of built-in interfaces and hands-free tools in your vehicle to reduce distractions and uphold the law
• Put your phone out of reach or into ‘do not disturb’ mode so you’re less tempted to read a text or make a call while driving

Distracted driving is a serious problem on the roads. Emerging laws like this one are designed to keep you and others safe. If you’ve been injured by a driver who was texting or otherwise distracted, please don’t hesitate to reach out to our attorneys to share your story. We’re here to help!