State Rep. Bill Taylor, R-Aiken, plans to prefile legislation that combats what he perceives to be the distracted-driving epidemic.

If passed, Taylor's legislation – known for now as "DUI-E: Driving Under the Influence of an Electronic Device" – would prohibit drivers from holding their phone in either hand as well as typing, sending or reading text-based communications.

"It's not OK to drive drunk," the preliminary legislation reads. "It's also not OK to drive under the influence of an electronic device."

The legislation, to be filed Wednesday afternoon, does allow swiping to unlock or turn off a phone; the use of voice commands for texting or calling; utilizing bluetooth capabilities; and adjusting one's GPS as long as hands remain off the phone.

The first violation would carry a $100 fine. Second and subsequent violations would carry a $300 fine with an additional two-point driving record penalty. Violations would be reported to insurance providers.

"Legislation like this is always a conversation starter," Taylor said Tuesday. "We need to have a serious conversation with our citizens."

South Carolina currently has a statewide texting while driving ban, which was enacted in 2014. The ban carries a $25 fine and requires a police officer to prove the driver was texting. It does not affect drivers who are parked or stopped.

Approximately 1,300 texting while driving violations are reported in the state annually. That's less than four per day.

Taylor said his legislation for the upcoming session, which begins Jan. 9, is a toothier version of what currently exists. He described the 2014 legislation as "watered down" and "almost worthless."

"It started off as a pretty strong bill," Taylor said, attributing reductions to the legislative process. "$25, that's nothing."

Taylor's legislation describes the $25 fee as "hardly a deterrent." Littering in South Carolina carries a minimum $200 fine plus court fees. In 2013, ahead of the statewide override, Charleston approved a $100 texting while driving fine.

The state representative said he modeled his legislation, which he said he wrote entirely himself, after distracted-driving bills in Texas.

Texting while driving is now banned statewide in Texas. Drivers with learner's permits are not allowed to use handheld devices while driving, and anyone under 18 and school bus drivers cannot operate a cellphone while behind the wheel. Cellphone use in school zones is strictly prohibited, as well.

Taylor said – "One can only hope" – the proposed legislation will reduce traffic accidents and traffic deaths.

South Carolina ranks No. 1 in fatalities per 100 million vehicle miles travelled, according to the South Carolina Department of Insurance, a group Taylor said he worked closely with while writing DUI-E.

Last year, there were 1,015 traffic deaths across the state. This year, there have been 916 deaths as of Dec. 12. Vehicle accidents are the leading cause of death for 15 to 25-year-olds, according to insurance department information.

Taylor, who has worked on his distracted driving legislation since July, said the issue is not about restricting freedom or undue encroachment. Instead, it's about keeping everyone around a would-be distracted driver safe.

"This is about everyone around you," Taylor said. "You can liken it as much to waving a gun around or shooting off a gun. It has the same consequences. People can be injured and die."

Target Zero, the state's safe driving initiative, attributes an average of 50 fatal crashes annually – a high of 60 and a low of 40, the website reads – to distracted driving.

"This is about endangering, injuring and killing people," Taylor said. "The time has come that we have a hard look at this."

Enforceability, Taylor conceded, was a major issue for him while drafting. Taylor said in its current iteration, the state's anti-distraction law has too many loopholes.

"All you have to say is, 'I wasn't texting. I was looking at my map,'" Taylor said.

To contest that, Taylor included what he believes to be the cornerstone of texting while driving qualifiers: physically holding the phone.

"The key of the law is saying you can't hold the phone," Taylor said, mimicking a driver attempting to text and steer. "A police officer can see you."

Lt. Jake Mahoney with Aiken Public Safety said distracted driving, including texting while driving, is both dangerous and hard to crack down on.

"Distracted driving, although it might not be easily measurable, or at least not as easily measurable as some would like, is a contributing factor in many of our collisions," Mahoney said.

Target Zero equates cellphone use while driving to a .08 BAC.

According to the lieutenant, the use of entertainment, GPS, radio and other electronic systems – something he described as "the overloading of technology in moving vehicles" – needs to be addressed.

Mahoney also said the distracted-driving crackdown is not a one-dimensional front. Mahoney said "expanded, enhanced driver's education programs" could possibly help reduce cellphone use behind the wheel.

"I don't know if there is any one course of action," he added.

In terms of legislation passage, Taylor is reserved: "My hope is that it can be passed in 2018. People are dying."

Taylor said he "can't predict" how his bill will be received but expects some opposition and some support.


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