South Carolina: Cell phone laws, legislation
Last updated: April 19, 2012 · Print this report · Comment
Cell phone, texting news: The state’s full House has overwhelmingly approved a watered-down version of Rep. Don Bowen’s 2012 bill that would ban text messaging while driving in South Carolina. The measure is now before the Senate’s Judiciary Committee.
“We’ve got some significant opposition” to the texting bill, a senator who supports the plan said in late March.
Bowen’s plan was heavily amended to remove its most severe penalties, such as points and an assumption of negligence, although the maximum fine was raised by $50 to $150. Bowen, R-Anderson, has pushed for heavy fines and possible imprisonment for drivers who cause injuries and/or deaths while texting.
The second regular session of the 119th South Carolina General Assembly runs through June 7, 2012.
Walhalla outlawed texting and use of handheld cell phones by drivers, effective March 2012.
Current prohibitions:
- No limits on cell phone use or text messaging.
- Local distracted driving bans in Camden, Columbia, Walhalla, Clemson, Sumter and West Union.
2012 distracted driving notes:
Walhalla has adopted a ban on texting and handheld cell phone use by drivers, joining the cities of Columbia and West Union in prohibiting the practice. The City Council approved the ordinance March 20. Fine: $100 plus court costs. Primary enforcement, and police are able to view drivers’ cell phones to determine if a violation occurred.
Distracted driving legislation (filed for 2012):
House Bill 4451: Would outlaw text messaging while driving. Fines up to $150 (original bill was $100) with no points or insurance reporting (original bill assessed 2 points against driver’s license). No negligence assumed nor extra penalties for texting and causing an accident. (Original bill provided for for felonies: If serious injury occurs as a result of texting, fines up to $5,000 plus possible imprisonment. If death occurs, up to $10,000 plus imprisonment.) Exempts voice-operated texting. Police cannot search electronic devices for evidence. No tickets to be issued at police checkpoints unless another violation occurs. Approved by the Education and Public Works subcommittee on Feb. 9. Heavily amended and approved by the House in a second-reading vote of 93-15 on March 7. Latest legislative action: Approved by the House on March 8 and sent to the Senate. In the Judiciary Committee. (Bowen)
- Read the March 7 amended version of HB 4451 (original text linked above).
2011-2012 distracted driving legislation:
HB 3115: Seeks to outlaw text messaging and use of electronic reading devices by drivers. Fines from $200 to $2,500 with the possibility of imprisonment. Graduated penalties also include points and license suspensions. Causing injury or death could bring prison terms of up to 20 years. (Gilliard)
HB 3119: Would prohibit text messaging while driving — reading, writing, sending. Fines of $25. For school bus drivers, first offense fine $250 plus loss of bus-driver certification for a year. For subsequent violations (or cases of severe injury or death), $500 plus permanent loss of certification. (McEachern)
HB 3160: Would outlaw use of handheld electronics devices while driving. Fine of $125 plus two points against license. (Sellers)
HB 3542: Seeks to ban use of handheld electronic communications devices while driving, including cell phones. Hands free OK. Fines up to $500 with possible jail time. (Hart)
Senate Bill 225: Would outlaw text messaging while operating a motor vehicle that is in motion. Penalties (as amended on March 24): $20 fine and a $25 “trauma” surcharge. Second offense, $25 plus $25 and two points against driver’s license. For a third offense, $75 plus $25 and four points against license. Amendment by Judiciary Committee allows first-time violators to take a driver’s education course and then pay only a $10 fee. Approved by the Judiciary Committee on March 3. Latest legislative action: Amended by Senate on March 24 to change penalties. (Knotts)
SB 59: Would prohibit driving carelessly as a result of being distracted. Does not ban text messaging or cell phone use. Behaviors possibly leading to “driving carelessly” include grooming, interacting with passengers or pets, use of computer, using a mobile phone or communications device. $50 fine, no points. Referred to a Judiciary subcommittee on March 7. (L. Martin)
SB 1091: Would allow municipalities to require hands-free devices for those using wireless communications devices while driving. (Jackson)
2011 distracted driving notes:
The state capital city of Columbia gave final approval to a ban on texting while driving on March 29, 2011. Fine: $100 (about $237 out of pocket).
The original Senate Bill 225 called for points against the driver’s license on all convictions. As amended March 24, the bill uses a tiered penalty scheme, with no points for the first violation, two for the second violation (within five years) and four for the third and subsequent offenses.
Sen. Rankin, R-Horry County, predicts some kind of handheld cell phone law in 2011: “Perhaps not exactly the way I want it, but there’ll be some statewide statement precluding the unfettered use of a cell phone.” His failed SB 954 of 2009-2010 would have required hands-free attachments for drivers wanting to use their cell phones. Teens drivers would have been prohibited from using any wireless telecommunication device.
Sen. Larry Martin, R-Pickens, says that while his SB 19 wouldn’t outlaw specific behaviors, “it would encourage folks to not engage in activity such as texting (or) talking on a cell phone in a distracted manner.” Or kissing.
The city of Columbia has become the biggest city in South Carolina to adopt its own texting ban. The ban was approved by the City Council in a first reading March 3 and again on March 29. Fine: $100 (up to $237 with fees). Police are onboard: “The distractions are so apparent, almost to the event of being a DUI,” Chief Randy Scott said in late March. When people are texting, “it’s very noticeable.”
South Carolina’s largest newspaper, the State, editorialized on March 9: “Should the Legislature fail to act, it only makes sense for other local governments to join Columbia and others in banning texting while driving. … There’s no reasonable or acceptable excuse for lawmakers to allow people to continue to send and read texts while they’re driving.”
Distracted drivers caused 17 deaths in South Carolina during 2009, according to the state Department of Public Safety.
Clemson Mayor Larry Abernathy says he’s happy the city banned text messaging in 2010. “If we waited for the General Assembly to make things safer for the citizens of Clemson, we’d be waiting a long, long time,” Abernathy told the State web site. Camden’s mayor also sang the praises of the texting ban enacted there last year.
2009-2010 legislation (all dead):
South Carolina House Bill 4282: Would prohibit texting and use of hand-held phones on South Carolina roads and highways. Fine of $25, no points. The House approved the bill (91-18 vote, March 11) and sent it to the Senate, where it died in committee. (D.C. Smith)
South Carolina Senate Bill 642: Would prohibit texting and use of hand-held phones while driving. For drivers under the age of 18, would outlaw use of cell phones or other wireless communications devices. Approved by the Senate Judiciary Committee on Feb. 16. “Debate was interrupted by adjournment” (T. Alexander)
SB 954: Would ban drivers over the age of 18 from using cellular phones or wireless devices without a hands-free device. Drivers under 18 would be prohibited from using cellular phones or wireless devices entirely. Calls for secondary enforcement. Died in the Senate Transportation Committee. (Rankin)
HB 4259: Would outlaw text messaging while driving on South Carolina’s roads. Provides for fines from $250-$2,500, imprisonment from 30 days to 20 years (in case of death) and 2-4 points against the driver’s license. Never considered. (J.E. Smith)
HB 4206: Provides for introduction of cell phones as evidence in civil cases resulting from accidents that were allegedly caused by drivers who were cell phoning or text messaging. Never considered. (G.R. Smith)
SB 970: Would prohibit sending or reading of text messages while driving. Calls for secondary enforcement, meaning officers would need another reason to stop violators. Fines of $25. Never considered. (Bryant)
HB 4189: Would outlaw text messaging while driving. Also bans reading of print materials. Provides fines of up to $10,000 (for third violations), plus possible prison terms and license suspensions. For causing a death while text messaging, a prison term of up to 25 years is proposed. Law officers may seize and review drivers’ cell phones for evidence of texting. Never considered. (Bowen)
HB 4190: Would ban use of handheld communications devices while operating a motor vehicle on South Carolina roads. Calls for fines of $125 and assessment of 2 points against the driving record. Never considered. (Sellers)
SB 991: Would ban text messaging by all drivers. Never considered. (Rose)
2010 legislation notes:
HB 4282, which sailed through the House, was amended to lower its fine to $25. The original measure called for $100 fines and 2 points on violators’ drivers licenses.
Rep. Don Bowen, R-Anderson, is the sponsor of South Carolina House Bill 4189, which could be the strictest text messaging legislation seen to date. The provision that allows law officers to seize cell phones and examine them on the spot is sure to attract civil liberties resistance. Prison terms for distracted driving are rarely included in similar legislation, but each instance of texting while driving brings the possibility of incarceration under Bowen’s text messaging proposals.
Clemson’s ban on text messaging and driving went into effect June 1. Clemson’s City Council voted unanimously for the law on Feb. 15 after initial approval on Feb. 1. Fine is $100 plus court costs. Clemson’s mayor originally wanted a ban on hands-free cell phone use as well as text messaging. This was the first city in South Carolina to ban texting while behind the wheel.
Camden’s ban on texting while driving is now in effect, with tickets costing as much as $250. The ordinance was approved March 23.
Charleston’s mayor pushed for an ordinance that would ban texting in city limits.
Mount Pleasant decided to retreat on a plan for a ban on texting and driving, with the Town Council returning the measure to the judicial committee on April 13. The move came after a public hearing in which three of five residents opposed the ban.
South Carolina’s Department of Transportation and Department of Public Safety have banned text messaging while on the job. The move affects about 6,500 staffers.
2008-2009 legislation (expired or defeated)
HB 4501 and SB 1133 (identical): Prohibits drivers from using cell phones unless hands-free devices are employed. Includes PDAs, pagers and “another wireless communication device.”
SB 402: Would allow municipalities to limit drivers’ cell phone use to hands-free operation.
Legislation notes (2008-2009):
The state House on April 30, 2008, sent back to committee a bill by Rep. Lanny Littlejohn, R-Spartanburg, that would have prohibited teens with restricted licenses from using cell phones or texting while driving.
“The House just isn’t ready for this kind of legislation,” Littlejohn told the Island Packet. “I think, subconsciously, they’re afraid that the bill would eventually lead to cell phones being banned outright for all drivers.”
The debate touched on hand held phones vs. hands-free devices: “It’s illegal to put a phone up to their ear, but it’s perfectly legal for them to go down the road with a Bluetooth in their ear?” asked Rep. Mick Mulvaney, R-Indian Land.
In September ’08, the Beaufort City Council was in the process of adopting a ban on use of cell phones by drivers unless they use a handheld device. The council acted because of a lack of statewide action. The ordinance would be enforced if the driver has been in an accident or has been pulled over for another offense.
I agree with the ban on using phones, for either texting or sending and receiving calls while driving. I am concerned about emergencies, though. For example, my daughter may be stranded somewhere and needs me to pick her up. The cell phone is a God-send in these instances. The law should allow for hands free usages and for using phones while pulled off on the side of the road. This would allow my daughter to call me, then I could either answer using a hands-free device or pulling off the road to receive/return the call. The cell phone, if used responsibly, prevents many hardships and allows for more security. I know there is a lot of abuse, but there should be some allowance for responsible use.
I can’ take it anymore . . . I’ve had it up to here . . . dodging “Idiots” on our roads with a cell phone stuck in their ear; texing and using electronic devices while driving.
As you enter the gates of Fort Jackson you will find signs reading “NO ELECTRONIC DEVICES WHILE DRIVING.” The army is concerned with the safety of our troops; why then should you and our legislature not be concerned with the safety of us citizens?
I survived WWII with two Purple Hearts; and was a POW for 13 months of the Germans. I dodged many German bullets, and I don’t intend to leave this world by the hands of irresponsible drivers.
I am a good driver. I obey the laws because I respect the laws. You will not find any points against my record. I will challenge anyone with my past and present driving ability. Especially, I am a very good defensive driver, with lots of experience, dodging “idiot drivers” on our roads.
Please, do what is right . . . push through a law “NO ELECTRONIC DEVICES WHILE DRIVING”. Don’t be influenced by lobbyist who don’t give a
“Doodle Squat” about you or me.
No one NO ONE, should be allowed to talk or text while driving PERIOD. No one should be irresponsible enough to ignore the facts on dying due to distractions on the road. BUT, it must be allowed for anyone to pull completely off the road, come to a safe and complete stop, and then and only then to make a cell phone call.
This ain’t rocket science, it is just using a tiny bit of intelligence. For many many years there were no cell phones and people got by ok. Why do we insist on dying with them now?
Yes Rep. Mick Mulvaney, not only should people not be allowed to drive while texting but while holding a cell phone as well. At least if you have a hands free device like blue tooth, you can still have both hands on the wheel and people like myself won’t have to worry about getting hit or seeing swerving cars in front or behind them because someone is trying to use or text on the phone.
If the messages they are receiving is that important, then it’s important enough to pull over to protect yourself and others on the road. I have absolutely nothing against blue tooth, it’s when people are looking down trying to read or respond to text or dial out a call on their phones that irritate me. Please pay attention to the roads. There are other lives around besides our own.
I don’t see much of a problem with a brief conversation on a cell phone, if you’re actually talking. It’s much easier to call someone to navigate you around a city than it is to try and pay attention to a GPS or written directions.
Texting while driving is a very bad idea, even if you’re the world’s greatest driver, you are still taking your eyes off the road while moving. I pay attention to drivers in Greenwood (where I live) and I watch many people steering and texting, staring at the phone.
South Carolina’s accident death rate is much higher already this year than it was last year. As facebook and twitter have become so cell phone friendly, people are not only texting, but updating statuses, replying to messages, and reading comments WHILE driving!
Personally, I don’t feel safe on the road. Several times a day, I have to hit brakes hard because people aren’t paying attention. You would think after all these people have died, something would be done. Please government, don’t let the loved ones who have died due to this have died in vain.
BAN Driving while texting!
I believe South Carolina, more specifically, Myrtle Beach has a serious epidemic on its’ hands. I have noted an average of 6 out of 10 drivers operating motor vehicles while talking or texting on cell phones. As a result, drivers are lane wandering, going onto the soft shoulder and totally not paying attention to what they are or should be doing. Driving while ” DIISTRACTED ” has become more blatant than impaired driving. If the fines and enforcement are not increased, this behaviour while driving will play a major factor in road collisions and fatal accidents
I spend my winters here as I love Myrtle Beach but I feel I had to write my comments as it has become a serious safety issue.
Driving down the I-26 and having to swerve to prevent being hit by a semi-truck who’s driver is texting while driving is ridiculous! I’ve reported more company drivers in the last 3 months for running me off the road and still it goes on day after day. When will it be stopped? Will my children and husband be standing over my grave this year because of this senseless and utter inconsiderate action that might take my life? I pray to God it isn’t so and that the lawmakers of this state will do the right thing and put a stop to this before another life is lost. Take note; in 2010 2700 people died in SC roads from accidents caused by texting and driving.