Hands-Free Ordinance

The ordinance allows Huntsville Police Department officers to stop a person who is using a wireless telecommunications device while driving and issue a citation. The law does not require officers to have another reason to stop the driver, such as speeding or a broken taillight.

Sponsored by Council President David Little with support from the Huntsville Police Department, the new law seeks to protect the health, safety and welfare of the public by reducing the number of distracted driving-related motor vehicle accidents in Huntsville.

Distracted driving is very dangerous. According to NHTSA, sending or reading a text or managing directions and apps on your mobile device takes your eyes off the road for 5 seconds. At 55 mph, it is equivalent to driving the length of an entire football field with your eyes closed.

The Centers for Disease Control and Prevention (CDC) reports nine people die every day as a result of distracted driving-related accidents, and it’s not just people in vehicles who are impacted. About 1 in 5 bystanders are also killed as a result of distracted driving crashes while walking, biking or some other activity outside a vehicle.

A wireless telecommunications device under the hands-free ordinance includes any cellular, analog, wireless or digital device, computer or phone that can access the internet. It also includes devices that send, receive or download any electronic or digital data or other wireless communication, such as videos, photos, text messages or phone calls.

Examples include but are not limited to smartphones, cell phones, electronic readers or tablets, laptops or netbooks, and GPS devices.

The following devices are not a violation of the hands-free ordinance:

• Voice radios
• Mobile radios
• Land mobile radios
• Commercial mobile radios
• Two-way radios
• Their functional equivalent

No, drivers must remain hands-free while on the roadway. The goal is for driver attention to be focused on the road and their surroundings.  If drivers need to handle their cell or digital devices physically, they should safely pull off the road.

The only reason to have a wireless telecommunications device in your lap is if you plan to use it while driving. If drivers follow the spirit and intent of the law, they will use the voice-activated caller options available with cell technology. Motorists are encouraged to buy a dash or console mount for their phone to avoid the temptation to handle the device.

This includes any text/SMS messages, instant messages, emails or internet data communicated through a wireless telecommunications device.

A violation of the City ordinance DOES NOT add points to an individual’s driving record. The points system is a schedule the state uses to determine the length of time an individual’s license may be suspended due to multiple driving infractions.

The law covers cell phones and digital devices. Most telecommunication digital devices, like smart watches, are voice-activated and don’t require handling.

You can use these devices if addresses are preprogrammed prior to driving. Drivers should safely pull off the road if they need to make changes to their GPS routes.

1. Emergency services professionals, including law enforcement officers, EMS personnel, ambulance operators, firefighters or other first responders
2. Anyone using an earpiece, headphones, steering wheel controls, speaker phone or other voice-activated technology, or other device worn on the person or mounted on the vehicle
3. Motorists who are using a wireless telecommunications device to call or text 911 to report an emergency or seek help
4. Individuals who are using wireless telecommunication devices while legally parked
5. Those who are using a GPS with pre-programmed driving directions
6. Drivers using a continuous recording device within or outside their vehicle, such as a dash or backup camera
7. Any individual using a wireless telecommunications device by an employee or contractor of a utility services provider while responding to a utility emergency or other critical utility issue
8. A person using an ignition interlock device
9. A passenger who is using a wireless telecommunications device inside a vehicle
10. A licensed physician responding to an emergency medical situation

For full details about the ordinance, click here.

Every state but one bans texting and driving, and most states have extended their bans to include digital devices. Huntsville joins a growing number of cities across the country that have independently banned holding a cell phone or digital device while driving. Motorists should assume there is some form of a hands-free law in every city and state. The penalty may be a primary or secondary offense, but the intent is the same.

If a driver is holding a wireless device (unless an exception is applicable) while operating a vehicle, it is a primary violation of the City’s ordinance and allows an officer to stop a driver if the behavior is observed. A driver holding a wireless device while operating is not violating state law. Observed distracted driving is a necessary component of the state’s law, with the state defining distracted driving as swerving, changing lanes without a turn signal or other impaired driving (Ala. Code § 32-5A-350.1).