North Carolina SB 526: The Hands Free NC Act.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 526

Short Title: The Hands Free NC Act. (Public)
Sponsors: Senators Burgin and Corbin (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 26, 2025
*S526-v-1*
A BILL TO BE ENTITLED 1
AN ACT MAKING IT UNLAWFUL TO USE A WIRELESS COMMUNICATION DEVICE 2
WHILE OPERATING A MOTOR VEHICLE ON A PUBLIC STREET, HIGHWAY, OR 3
PUBLIC VEHICULAR AREA. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. This act shall be known as "The Hands Free NC Act." 6
SECTION 2. G.S. 20-137.3, 20-137.4, and 20-137.4A are repealed. 7
SECTION 3. Article 3 of Chapter 20 of the General Statutes is amended by adding 8
a new section to read: 9
"§ 20-137.3A. Unlawful use of a wireless communication device. 10
(a) Definitions. – The following definitions apply in this section: 11
(1) Emergency situation. – Circumstances such as medical concerns, unsafe road 12
conditions, matters of public safety, or mechanical problems that create a risk 13
of harm for the operator or passengers of a motor vehicle. 14
(2) Operate a motor vehicle. – Operating a motor vehicle on a public street, 15
highway, or public vehicular area. The term does not include situations where 16
the motor vehicle is off, or to the side of, a public street, highway, or public 17
vehicular area in a location where the motor vehicle can safely remain 18
stationary. 19
(3) School bus. – As defined in G.S. 20-4.01(27)n. The term also includes any 20
school activity bus, as defined in G.S. 20-4.01(27)m., and any vehicle 21
transporting public, private, or parochial school students for compensation. 22
(4) Texting. – Manually entering text into, or reading text from, a wireless 23
communication device. The term includes short message services, emailing, 24
instant messaging, a command or request to access a webpage, pressing more 25
than a single button to initiate or terminate a call, or engaging in any other 26
form of electronic text retrieval or entry, for present or future communication. 27
(5) Wireless communication device. – Any of the following: 28
a. A cell phone, personal digital assistant, electronic device with mobile 29
data access, laptop computer, pager, smartwatch, broadband personal 30
communication device, electronic game, and portable computing 31
device. 32
b. A device through which personal wireless services, as defined in 47 33
U.S.C. § 332(c)(7)(C)(i), are transmitted. 34
(b) Prohibited Conduct. – No person shall operate a motor vehicle under any of the 35
following circumstances: 36

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 526-First Edition
(1) With a wireless communication device in the person's hand. 1
(2) While watching a video or movie or communicating by video on a wireless 2
communication device. 3
(3) While texting on a wireless communication device. 4
(c) Persons Under 18 Years of Age. – No person under the age of 18 years shall operate 5
a motor vehicle while using a wireless communication device, except (i) to follow the route 6
recommended by an electronic navigation system, so long as all address information is entered 7
before operating the vehicle, and (ii) as provided in subdivision (1) of subsection (d) of this 8
section. 9
(d) Exceptions. – Subsection (b) of this section shall not apply to any of the following: 10
(1) The use of a wireless communication device for the purpose of 11
communicating an emergency situation to any of the following: 12
a. An emergency response operator. 13
b. A publicly or privately owned ambulance company or service. 14
c. A hospital. 15
d. A fire department. 16
e. A law enforcement agency. 17
(2) The use of a wireless communication device by any of the following while in 18
the performance of official duties: 19
a. A law enforcement officer. 20
b. A member of a fire department. 21
c. The operator of a public or private ambulance. 22
d. A first responder responsible for the protection and preservation of 23
life, property, evidence, or the environment. 24
e. The operator of a vehicle registered to a public utility or 25
communications service provider when the operator is an employee of 26
the public utility or communications service provider using the device 27
to carry out official duties. 28
f. An amateur radio operator responding to an emergency situation. 29
g. The operator of a vehicle registered to a public water system, as 30
defined in G.S. 130A-313, or to a public or community wastewater 31
system, as defined in G.S. 130A-334, when the operator is an 32
employee of a system using the device to carry out official duties. 33
(3) An operator of a commercial motor vehicle who is using a two-way radio 34
device or its equivalent. 35
(e) Nothing in this section prohibits the use, while operating a motor vehicle, of 36
manufacturer-installed or aftermarket equipment that is integrated into the vehicle. 37
(f) Penalties. – Any person who violates this section shall be penalized as follows: 38
(