South Carolina: Cell phone laws, legislation

Cell phone, texting news: South Carolina’s House has numerous cell phone and text messaging bills to consider during the 2010 legislative session. HB 4189 (below) includes severe penalties for texting that include prison terms, fines up to $10,000 and license suspensions.

Current prohibitions:
No limits on cell phone use.

2009-2010 legislation:
South Carolina House Bill 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 (J.E. Smith)

HB 4282: Would prohibit texting and use of hand-held phones on South Carolina roads and highways. Fines up to $100. (D.C. 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 (G.R. Smith)

South Carolina Senate Bill 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. (Bryant)

South Carolina House Bill 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. (Bowen)

SB 991: Would ban text messaging by all drivers (Rose)

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. (Sellers)

South Carolina Senate Bill 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. (Rankin)

SB 642: For drivers under the age of 18, would outlaw use of cell phones or other wireless communications devices. (T. Alexander)

Legislation notes:
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 City Council unanimously voted Feb. 1 to ban texting while driving. Final passage is expected on Feb. 15. Clemson’s mayor originally wanted a ban on hands-free cell phone use as well as text messaging.

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.