Representative Bill Shorma (R-17/Dakota Dunes) is trying again to tinker with South Dakota’s calling-and-driving law. House Bill 1010 would remove “Reading, selecting, or entering a telephone number or name in a mobile electronic device for the purpose of making or receiving a telephone call and using the device for the call, or if a person otherwise activates or deactivates a feature or function of a mobile electronic device” from this exceptions to the ban on operating a motor vehicle while using a mobile electronic device.
Rep. Shorma says removing that exception will make us safer:
Shorma says it’s important that there is no confusion around distracted driving.
“There are just too many people dying, and that’s not hyperbole, that’s what’s happening, and the accidents are just becoming too regular,” Shorma said [Grant Green, “Legislation Could Change Phone Use Permission While Driving Agriculture Equipment,” KSFY, 2025.12.29].
But Shorma is confused about distracted driving and big equipment. His HB 1010 includes this dangerous exception:
The use of a mobile electronic device held in the hand by an operator while driving any type of agricultural equipment, excluding a truck, provided the agricultural equipment is not designed to exceed twenty-five miles per hour [2026 HB 1010, proposed addition to SDCL 32-26-47.1, filed 2025].
Says Shorma:
“I don’t want…If somebody is driving a combine to get to the next field and they’re holding a cell phone in their hand, they won’t be cited, it’s just an exception that makes sense,” Rep. Shorma (R), Dakota Dunes said [Green, 2025.12.29].
No, Bill, that exception makes no sense. The bigger the equipment, the more danger it poses, and the less room there is for error. If you’re driving a combine or sprayer or other massive farm machine to the next field, you call your sweetie from the first field, tell her you love her, then put your phone in your pocket and both hands on the controls before you pull out onto the road and watch for every road sign, mailbox, and cranky motorist that it’s your obligation not to crush, spindle, or mutilate.
Shorma’s similar bill last year failed largely on Republican mugwumps’ opposition to the portion of the proposal that tightens restrictions on cell phone use behind the wheel. But HB 1010 deserves a hard no for its inconsistency in cracking down on most distracted drivers while granting immunity to distracted drivers of some of the biggest, most dangerous equipment on the road. We don’t exempt drivers of big machines from other industries—semis, cement trucks, road graders—from sensible safety regulations; we tend to subject those big-equipment operators to even stricter rules to protect the public. Same should go for drivers of big agricultural equipment: you can bring your extra size and weight on public roads, but you have to be extra careful.