Phone Down Kentucky Act Moves Forward

Kentucky lawmakers took a decisive step toward improving road safety this week as the Senate Transportation Committee unanimously advanced Senate Bill 28, better known as the Phone Down Kentucky Act. The 10–0 vote sends a clear message: distracted driving is not a partisan issue—it’s a public safety crisis demanding action.

Filed by Sen. Jimmy Higdon, R-Lebanon, the legislation expands Kentucky’s existing texting-while-driving ban to prohibit nearly all hand-held mobile device use behind the wheel. The bill allows limited exceptions for emergencies, GPS navigation, and law enforcement, but its core purpose is straightforward—reduce preventable deaths caused by drivers who take their eyes, hands, and attention off the road.

Behind the bill is a story that has resonated deeply across the Commonwealth, transforming personal tragedy into a call for change.

A Mother’s Loss, A Statewide Wake-Up Call

Senate Bill 28 is filed in memory of 2-year-old Camberleigh Burns, who was killed in 2022 in a crash caused by a distracted driver. Her mother, Alyssa Burns, has become a powerful advocate for stronger laws after discovering that existing statutes often fail to deliver meaningful accountability when distracted driving takes a life.

Burns testified in support of the bill during the interim session, describing how her pursuit of justice for her daughter evolved into a broader mission to protect other families from experiencing the same devastation.

She has been clear-eyed about the limits of legislation. No bill can bring her daughter back. But in her words, Senate Bill 28 ensures that Camberleigh is not reduced to “a statistic on a piece of paper,” but remembered as a little girl whose life mattered—and still matters enough to inspire change.

Why the ‘Phone Down Kentucky Act’ Matters

Distracted driving is not a theoretical problem. It is one of the leading causes of crashes nationwide, often with devastating consequences. Yet many drivers still underestimate the danger of “just checking” a phone at a stoplight or scrolling briefly while traffic moves.

The Phone Down Kentucky Act directly targets those everyday behaviors that research and real-world experience show are most dangerous. Under the bill, drivers would be prohibited from holding or supporting a mobile electronic device with any part of the body while operating a motor vehicle on a public highway.

That includes reading or sending texts, emails, interacting with apps, browsing websites, or watching videos and video calls. Voice-based communication through hands-free devices would remain legal, as would limited navigation functions that do not require typing or holding the device.

The goal is not to outlaw technology, but to draw a firm line between safe use and reckless distraction.

Clear Exceptions, Carefully Written

Importantly, Senate Bill 28 is not a blanket ban without nuance. The legislation includes clearly defined exceptions for situations where device use is necessary or does not pose the same risk.

Drivers would still be permitted to use devices when lawfully parked or stopped, to report emergencies or safety hazards, and when performing certain occupational duties that rely on digital dispatch systems. First responders acting in an official capacity are also exempt, as are devices and services installed by a vehicle’s original manufacturer.

These carve-outs reflect an effort to balance safety with practicality—strengthening the law without creating unreasonable burdens.

Enforcement With Limits and Privacy Protections

One of the bill’s most notable features is how it limits enforcement. A peace officer could not stop a driver unless the violation is directly observed with a clear and unobstructed view. The bill explicitly prohibits officers from seizing, searching, or inspecting a mobile electronic device based solely on an alleged violation.

It also bars vehicle searches or custodial arrests based only on distracted driving violations under the statute. These provisions are designed to ensure the law improves safety without expanding intrusive enforcement practices.

Penalties That Support Recovery and Care

Violations under the Phone Down Kentucky Act would carry a $100 fine. Rather than flowing into general revenue, those funds would be directed toward causes closely connected to roadway trauma and recovery.

Fine revenue would be split among the traumatic brain injury trust fund, the Kentucky trauma care system fund, and the veterans’ program trust fund—helping support medical care and services for those whose lives are permanently altered by serious injuries.

Education First, Enforcement Second

Recognizing that behavior change takes time, the bill includes a courtesy period focused on education. From the law’s effective date through October 31, 2026, officers would issue warnings rather than citations. This approach gives drivers notice, awareness, and time to adjust before penalties are enforced.

Where the Bill Goes Next

With unanimous committee approval, Senate Bill 28 now heads to the full Senate for consideration. For Sen. Higdon—who has announced this will be his final budget session before retiring at the end of 2026—the bill represents a capstone effort focused on public safety.

For Alyssa Burns, it represents something deeper: a way to ensure her daughter’s short life continues to protect others.

The message behind the Phone Down Kentucky Act is simple, but powerful. No text, notification, or scroll is worth a life. Sometimes, the most meaningful reforms are also the most common sense.