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Bill

SB 797

Hands Free NC.

2025-2026 Session Introduced by Gale Adcock and 21 co-sponsors

Prohibits driving while holding or using wireless devices for texting or video, with age, exemptions, penalties, and public awareness to curb distracted driving.

Passed 1st Reading
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WeVote Research Nonpartisan
Bill Summary · SB 797

Summary of SB 797 (Hands Free NC)

Jurisdiction: North Carolina | Session: 2025 | Short Title: Hands Free NC

Purpose and Intent

SB 797, known as the Hands Free NC Act, would prohibit operating a motor vehicle on public streets, highways, or public vehicular areas while using a wireless communication device in certain ways. The bill repeals existing sections (G.S. 20-137.3, 20-137.4, and 20-137.4A) and replaces them with new provisions aimed at reducing distracted driving, with specific penalties and exemptions. It also coordinates with driver licensing rules, insurance point allocations, and public awareness efforts.

Key Provisions and Changes

Prohibited Conduct (new § 20-137.3A)

  • It is unlawful to operate a motor vehicle under:
    • The device being in the driver’s hand.
    • Watching a video or engaging in video communication on the device.
    • Texting or other manual text entry while driving.
  • Definitions:
    • “Operate a motor vehicle” covers driving on public streets/highways/public vehicular areas; excludes when the vehicle is safely stationary off to the side.
    • “Texting” includes typing, reading text, emails, instant messages, navigating pages, or any form of text entry/retrieval.
    • “Wireless communication device” includes phones, tablets, smartwatches, laptops, pagers, and similar devices, including devices transmitting personal wireless services.

Age-Based Rule

  • Individuals under 18 may not operate a vehicle while using a wireless device, with limited exceptions:
    • Following a route provided by an electronic navigation system after pre-entering address data.

Exceptions (d)

  • Emergency communications to operators, ambulances, hospitals, fire departments, law enforcement, and other official duties duties-related uses.
  • Certain professionals performing official duties (law enforcement, firefighters, first responders, public utility/telecom employees, amateur radio operators, etc.), and specific public system operators when using devices for official work.

Vehicle Equipment Exception (e)

  • Manufacturer-installed or aftermarket vehicle equipment that is integrated and used while driving is not restricted by this section.

Penalties (f)

  • Infractions with escalating fines and insurance points:
    • First violation (no prior 36 months): $100 fine; no insurance points.
    • Second within 36 months: $150 fine; insurance points as per existing statute.
    • Third or more within 36 months: $200 fine; insurance points.
  • If the operator is driving a school bus, penalties align with the above but constitute a Class 2 misdemeanor for any violation instead of an infraction.

Seizure (g) and Local Ordinances (h)

  • The act does not authorize seizure/forfeiture of the device.
  • Local governments may not enact ordinances regulating wireless device use while driving.

Education (i)

  • DMV and State education programs must include information encouraging compliance and describing penalties and safety implications.

Insurance Points (D)

  • New subsection in G.S. 58-36-75: 1 insurance point for violations under § 20-137.3A(f)(2) and 2 points for § 20-137.3A(f)(3).

Related Licensing/Commercial Vehicle Provisions (Section 5)

  • Serious Traffic Violation definitions for commercial drivers include unlawful use of a mobile telephone under the new statute.
  • Various licensing restrictions for obtaining/retaining permits and licenses are updated to reflect the prohibition on mobile telephone use while driving.
  • Provisional license restrictions and learning permit rules are updated to align with the new Hands Free requirements.

Administrative and Implementation Details

  • Effective Date: December 1, 2026.
  • For six months after effective date, law enforcement may issue only warning tickets for offenses under this act.
  • The act provides a transitional note: prosecutions for pre-enactment violations are not abated; existing statutes continue to apply to those cases.
  • A one-time, nonrecurring appropriation of $100,000 from the Highway Fund to the DMV for a 2026-2027 public awareness campaign about distracted driving changes.

Who Is Affected

  • All drivers on public roads, with heightened impact on drivers under 18 and commercial drivers.
  • School bus operators (with heightened penalties).
  • Public safety and utility service personnel, when performing official duties with device usage.
  • Insurance rate calculations may be affected due to new points under the Safe Driver Incentive Plan.

Overall Impact

SB 797 aims to substantially reduce distracted driving by restricting how wireless devices are used while driving, introducing clear penalties and insurance points, and emphasizing education and public awareness. It balances safety priorities with defined exceptions for emergencies and official duties, while restricting local regulatory action and delaying full enforcement until December 2026.

Compiled from official sources — confirm details with the bill’s official record.

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