Birmingham has always had incompetent broadcast journalism. For the last year, television and radio outlets claim “Alabama prohibits holding a mobile device while driving.” That is flatly untrue. Journalists should verify facts, not parrot words.
The Alabama Department of Transportation has a website claiming that “As of June 15, 2023, it’s illegal to hold a cell phone or any other electronic device while driving in Alabama.”
The law says no such thing.
The enacted legislation (Ala. §32-5A-350.1) only prohibits and punishes unsafe operation of a vehicle while holding an electronic device:
- (b) An individual shall exercise due care in operating a motor vehicle on the highways of this state and shall not engage in any actions prohibited by law which shall distract the individual from the safe operation of the vehicle.
- (c) An individual operates a vehicle in a distracted manner in violation of this section if the individual is observed crossing in and out of a traffic lane without using a turn signal, swerving, or otherwise operating the vehicle in an impaired manner while doing any of the following:
- (1) Physically holding a wireless telecommunications device.
- (2) Physically holding or supporting, with any part of his or her body, a stand-alone electronic device.
- (3) Writing, sending, or reading any text-based communication, including but not limited to a text message, instant message, e-mail, or Internet data on a wireless telecommunications device or stand-alone electronic device; provided, however, that such prohibition shall not apply to either of the following:
- a. A voice-based communication that is automatically converted by the device to be sent as a message in a written form.
- b. The use of the device for navigation of the vehicle or for global positioning system purposes.
- (4) Watching a video or movie on a wireless telecommunications device or stand-alone electronic device other than watching data related to the navigation of the vehicle.
- (5) Recording or broadcasting a video on a wireless telecommunications device or stand-alone electronic device; provided that the prohibition shall not apply to electronic devices used for the sole purpose of continuously recording or broadcasting video within or outside of the motor vehicle.
- (6) Using more than a single button or swipe of a finger on a wireless telecommunications device to initiate or terminate a voice-communication.
- (7) Reaching for a wireless telecommunications device or stand-alone electronic device in such a manner that requires the driver to no longer be in a seated driving position properly restrained by a safety belt.
So as long as a driver maintains the lane, obeys traffic laws, and operatesly safely, it is perfectly lawful to hold a phone for telephonic conversation.
It is also lawful to hold a phone when used solely for GPS navigation.
Texting was banned in 2012 by Act 2012-291. That ban was repealed and replaced with Act 2023-478.
Legislative Act 2023-478