SB301 Alabama 2023 Session

Summary

Primary Sponsor

J.T. WaggonerSenator

Republican

Session

Regular Session 2023

Title

Relating to motor vehicles; to add Section 32-5A-350.1 to the Code of Alabama 1975, to further provide for the prohibition against using a wireless telecommunications device while operating a motor vehicle; to further provide for the prohibition; to further provide exceptions; to further provide criminal penalties for a violation; to provide a warning period for a violation; to amend Section 32-5A-351, Code of Alabama 1975, to further provide for the assessment of administrative penalties; to repeal Section 32-5A-350, Code of Alabama 1975; 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

SB301 broadens the ban on using wireless devices while driving, adds penalties and a warning period, updates driving-record points, and repeals the old texting-while-driving rule.

What This Bill Does

Creates a new prohibition (32-5A-350.1) on using wireless devices while operating a vehicle, with specific exceptions such as voice-based use, automatic text conversion, and navigation. It changes penalties by defining a point system (1 point for first offense, 2 for second, 3 for third or more) and establishes fines ($50, $100, $150) for offenses within a 24-month window, with each violation treated separately. It imposes a 12-month warning period during which officers may issue only warnings with no driving-record points. It repeals the old texting-while-driving statute (32-5A-350) and adds related provisions, while clarifying enforcement rules and exemptions, including emergency and certain on-the-job situations. It becomes effective immediately after passage and is exempt from certain local-funding requirements due to its design as a new crime or amended crime.

Who It Affects

• General drivers in Alabama: would be prohibited from holding or using wireless devices in most driving scenarios, face escalating fines and points on their driving record for violations, and may receive a warning during the first year.
• Public safety personnel and utility workers: exemptions apply when performing official duties (e.g., law enforcement, EMS, firefighters, utility responders), and certain device uses are allowed to support their duties.

Key Provisions

• New Section 32-5A-350.1 defines prohibited use of wireless devices while driving and outlines allowed exceptions (e.g., voice-based communications, automatic text conversion, navigation/GPS use).
• Prohibited activities include holding a device, writing/sending/reading text messages, watching or recording video, and certain manipulations of devices that distract the driver; exceptions apply for hands-free or navigation uses.
• Penalties: a Class C misdemeanor with escalating fines—up to $50 for a first conviction, up to $100 for a second within 24 months, and up to $150 for a third or subsequent conviction within 24 months; each violation is a separate offense.
• 12-month warning period after the act’s effective date during which law enforcement may issue only warnings, with no driving-record points for those warned.
• Section 32-5A-351 amended to record one-point for a first conviction, two-points for a second, and three-points for a third or subsequent conviction on the driving record.
• Section 32-5A-350 repealed (the old texting-while-driving law).
• The act is exempt from local-funding requirements under Section 111.05 of the 2022 Constitution because it creates a new crime or amends an existing crime, not a new or increased local obligation.
• Effective date: becomes law immediately upon passage and approval by the Governor.

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

Subjects

Motor vehicles, wireless telecommunications devices, restrictions on use while driving, provided