South Carolina · H.3276 / Act 40

SC hands-free driving law (H.3276, Act 40): phones at red lights, in mounts, fines and points

Published October 27, 2026 · Last updated October 27, 2026

What is not allowed

While operating a motor vehicle on any public highway in South Carolina, a driver may not: (§ 56-5-3890(B))

• Hold or support a mobile electronic device with any part of the body. An earpiece or a device worn on the wrist for voice calls is allowed.
• Read, compose or transmit any text, including texts, email, “application interaction” or website information.
• Watch motion, such as a video, movie, game or video call.

“Mobile electronic device” means a cell phone, portable computer, GPS receiver, electronic game or similar stand-alone device. It does not include CB, ham or commercial two-way radios, subscription emergency devices or prescribed medical devices. (§ 56-5-3890(A))

What is allowed

The section does not apply to a driver who is: (§ 56-5-3890(C))

• lawfully parked or stopped;
• using voice-to-text, if the device is not held or supported by the body;
• reporting an accident, emergency or safety hazard to a public safety official;
• using navigation, listening to audio, or getting traffic information without typing, if the device is not held. This includes unlocking the phone for those purposes;
• starting or ending a call without typing, if the device is not held;
• using equipment the vehicle’s manufacturer installed, such as a built-in screen;
• a first responder on duty, or someone using a digital dispatch system for work.

Phone mounts

The law does not mention mounts by name. Its rules turn on whether the device is “held” or “supported with any part of the body.” A phone in a mount is not held, so you can use it for navigation, audio and starting or ending calls without typing. The text and video bans in (B)(2) and (B)(3) still apply to a mounted phone. (§ 56-5-3890(B)–(C))

Red lights and stopped traffic

• The law exempts a driver who is “lawfully parked or stopped.” (§ 56-5-3890(C)(1))
• SCDPS’s FAQ asks, “Can I use my cellphone or other mobile device while my vehicle is at a complete stop?” Its answer: “Yes. The SC Hands-Free and Distracted Driving Act does not apply to a driver who is lawfully parked or stopped.” (SCDPS, Hands Free SC FAQ)
• Section 56-5-3890 does not define “lawfully parked or stopped.” Once traffic moves, the hands-free rules apply again.

Penalties and limits on enforcement

• First offense: $100 fine, no part suspended.
• Second or later offense within three years: $200 fine and two points on your driving record. (§ 56-5-3890(D)) SCDPS notes that 12 points leads to a suspended license. (SCDPS FAQ)
• An officer may stop you for this only on reasonable suspicion from a “clear and unobstructed view” of unlawful use. An officer may not seize, search or view your phone, search your car solely for this violation, or arrest you solely for it, except on a warrant for failure to appear or pay. (§ 56-5-3890(E))
• The state law replaces any local phone-while-driving ordinances. (§ 56-5-3890(G))

When it started

Act No. 40 (H.3276) was signed May 12, 2025, and took effect September 1, 2025. For the first 180 days, officers could issue only warnings. (Act No. 40, Section 5; bill history) SCDPS says citations began February 28, 2026. (SCDPS, Hands Free SC)

Sources

• S.C. Code Title 56, Chapter 5 (Section 56-5-3890 and editor’s notes on Act No. 40)
• SC Legislature: 2025-2026 Bill 3276 (Act No. 40), status and history
• SC Department of Public Safety: Hands Free SC (including FAQ)

Every statement above is drawn from the official source text linked here; section references are shown in grey. This is a plain-English summary, not legal advice. Spot an error? Tell us.