Starting Saturday, Alabama lawmakers could be issued a ticket if they find someone holding a cellphone while driving. A 2023 law takes effect June 1 and requires drivers to use a “hands-free” device if they use a cellphone while driving.

In Alabama, it is already illegal to write, send or read a text message while driving. This prohibition also includes physically holding or supporting a mobile device while driving, looking at, viewing, recording or capturing photos or videos while driving, and holding a mobile phone to make calls to a list.

The state has already installed numerous signs around the state informing drivers that this is the law, but no tickets have been issued in a year.

Fines start at $50 and one violation point will be recorded on the driver's driving record. A second offense will result in a $100 fine and two violation points. A third or subsequent offense will result in a $150 fine and three violation points.

Related: Law prohibits use of cell phones while driving (2023)

This is a secondary infraction, not a primary infraction. Having an electronic device cannot be the sole reason for stopping a driver. A bill to make it a primary infraction failed during the 2024 legislative session.

Senate Bill 301 (SB 301) was introduced by Sen. JT “Jabo” Waggoner (R-Vestavia Hills) and passed in the House by Rep. Randy Wood (R-Anniston).

Advocates argue that about 7% of car-related fatalities in Alabama in 2022 will be due to distracted driving.

Opponents expressed concern that if the bill passes, it will only lead to more Alabamians having unpleasant encounters with police and result in more people getting caught up in court cases and losing money in fines and legal fees.

Allison Green is the Drive Safe Alabama coordinator for the Alabama Department of Transportation.

“Distracted driving is one of the fastest growing safety issues on our roads today,” said Commissioner Green. “Distracted drivers are not only a threat to themselves, they are a danger to everyone else on the road.”

Modern cars come equipped with hands-free capabilities that allow a smartphone to be synced with the car, and drivers can also use Bluetooth or a dashboard device mount.

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