HB8 Alabama 2023 Session

Summary

Primary Sponsor

Randy WoodRepresentative

Republican

Session

Regular Session 2023

Title

Relating to motor vehicles; to amend Sections 32-5A-350, 32-5A-351, and 32-5A-352, Code of Alabama 1975, and to add Sections 32-5A-350.1 and 32-5A-353 to 32-5A-359, inclusive, to the Code of Alabama 1975, to provide prohibitions on the use of a wireless telecommunications device while operating a motor vehicle, with exceptions; to further provide criminal penalties; to provide exemptions; to distribute a portion of any fines collected to the Alabama Department of Economic and Community Affairs for the purchase of devices to enable substantially hands-free voice-based communications in a motor vehicle and to provide the devices to certain low-income families in the state; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.

Summary

HB8 would ban watching, recording, or holding wireless devices while driving, expand prohibitions to include hands-on voice use, create penalties and a program to provide hands-free devices to low-income families, and collect enforcement data.

What This Bill Does

If passed, it would prohibit drivers from watching, recording, or capturing video, and from physically holding a wireless device or using it for hands-on voice communications while driving, with listed exceptions. Penalties would be tiered: $100 fine or 15 hours of community service for the first offense, $200 or 30 hours for the second, and $300 or 45 hours (or both) for the third or subsequent offense, with no court costs. A driver charged for the first time who has not previously had a hands-free device could have the charge dismissed if they obtain a compliant device. The bill would divert a portion of fines to the Traffic Safety Trust Fund to fund devices for substantially hands-free communication for low-income families, require data reporting by law enforcement, and include a temporary 2023 warning period before full enforcement begins.

Who It Affects

• Drivers and motor vehicle operators in Alabama, who would face new restrictions on device use while driving and potential fines or court-ordered community service.
• State and local government agencies (including DPS and ADECA), which would enforce the law, collect enforcement data, administer the hands-free devices program, and manage related funding and reporting.

Key Provisions

• Expands prohibitions to watching, recording, or capturing video; prohibitions on holding a wireless device for voice or data use while driving; and maintains existing text-messaging prohibitions with added exceptions.
• Defines wireless device and text-based communication; sets conditions and multiple exemptions (emergency use, parked on shoulder, pre-programmed GPS directions with caveats, etc.).
• Imposes a three-tier penalty schedule for violations within a 24-month period and explicitly states no court costs for penalties.
• Allows law enforcement to treat the violation as a primary offense, but restricts searches, confiscation, and establishing probable cause solely based on this violation; visual observation is required to stop a vehicle for this offense.
• Provides a dismissal option for first-time offenders who obtain a hands-free device, with court process and records managed by the Administrative Office of Courts and a confidential database.
• Allocates $25 from each fine to the Traffic Safety Trust Fund to fund vouchers for hands-free devices for low-income families, administered by ADECA at no charge to recipients.
• Creates reporting requirements on enforcement data (race/ethnicity) and annual reporting to state leaders beginning in 2025; sets rules for implementation and administration.
• Temporary 2023 warning period where officers may issue only written warnings for violations (July 1, 2023 – December 31, 2023).
• Effective date of July 1, 2023, with provisions clarifying exceptions under Section 111.05 of the Alabama Constitution and related local-funding considerations.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.