On June 6, 2023, Alabama lawmakers passed a bill that would make it illegal to hold a cellphone while driving under certain circumstances with a few exceptions.
The current laws regarding cell phone usage in a vehicle are found in Alabama Code §32-5A-350. Subsection (b) states that a person cannot operate a vehicle on any public Alabama road, street or highway while using a “wireless telecommunication device” to write, send or read a text-based communication. A text-based communication can include any text, instant message, or electronic mail, pursuant to subsection (a)(2).
In basic terms, the current law prohibits texting and driving, not necessarily holding your phone to talk or record voice messages. This new bill proposes a “hands-free” provision, that has already been implemented in approximately 31 other states, which would prohibit more than basic texting and driving laws.
One of the main additions of the bill, also known as SB301, is clarification as to which devices fall within the language of the bill. Cell phones, personal digital assistants, a stand-alone computer, or global positioning system receiver would all be considered “wireless telecommunication devices.”
SB301 also clarifies what would not generally be prohibited, including voice-based communication that automatically converts messages to its device, or the use of a device for navigation of the vehicle.
Another important exception applies to a few specific actors, such as someone reporting a traffic accident or other emergency, someone sitting in a lawfully parked car, or if actions are by a law enforcement officer, firefighter, emergency medical service provider, or other public safety responder while they are acting according to their official duties.
Overall, the bill is clear in stating that actions such as using a button to initiate voice communication or reaching for the device in a manner that moves the driver from their “seated driving position” would be prohibited unless falling into one of the exceptions.
The statute as currently written begins issuing fines of $25 for the first offense, but the new bill starts with fines of $50. If the bill is signed into law, however, for the first twelve months, police officers would only be allowed to issue written warnings.
Similar bills have been considered for years but have not passed. Now that lawmakers have passed SB301, it will go to governnor Kay Ivey who has the option to sign it into law.
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