The Hands-Free Georgia Act was signed by Governor Nathan Deal on May 2, 2018, and will take effect on July 1, 2018. For more information on the law and FAQ, visit http:\/\/www.headsupgeorgia.com\/handsfree-law\/.
\nHands-Free Georgia Act<\/p>\n
Section 2.
\nTitle 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising subparagraph (c)(1)(A) of Code Section 40-5-57, relating to suspension or revocation of license habitually negligent or dangerous driver and point system as follows:<\/p>\n
(xv) First violation of Code Section 40-6-241 (Hands-Free Georgia Act) 1 point
\n(xvi) Second violation of Code Section 40-6-241 (Hands-Free Georgia Act) 2 points
\n(xvii) Third violation of Code Section 40-6-241 (Hands-Free Georgia Act) 3 points
\nSection 3.
\nSaid title is further amended by revising subsections (d) and (e) of Code Section 40-6-165, relating to operation of school buses, as follows:<\/p>\n
“(d) The driver of a school bus shall not use or operate a wireless telecommunications device, as such as term is defined in Code Section 40-6-241, or two-way radio while loading or unloading passengers.
\n(e) The driver of a school bus shall not use or operate a wireless telecommunications device, as such term is defined in Code Section 40-6-241, while the bus is in motion, unless it is being used in a similar manner as a two-way radio to allow live communication between the driver and school officials or public safety officials.”<\/p>\n
Section 4.
\nSaid title is further amended by revising Code Section 40-6-241, relating to driver to exercise due care and proper use of radios and mobile telephones allowed as follows:<\/p>\n
“40-6-241.
\n(a) As used in this Code section, the term:
\n(1) ‘Stand-alone electronic device’ means a device other than a wireless telecommunications device which stores audio or video data files to be retrieved on demand by a user.
\n(2) ‘Utility services’ means and includes electric, natural gas, water, waste-water, cable,
\ntelephone, or telecommunications services or the repair, location, relocation, improvement, or
\nmaintenance of utility poles, transmission structures, pipes, wires, fibers, cables, easements,
\nrights of way, or associated infrastructure.
\n(3) ‘Wireless telecommunications device’ means a cellular telephone, a portable
\ntelephone, a text-messaging device, a personal digital assistant, a stand-alone computer, a
\nglobal positioning system receiver, or substantially similar portable wireless device that is
\nused to initiate or receive communication, information or data. Such term shall not include a
\nradio, citizens band radio, citizens band radio hybrid, commercial two-way radio
\ncommunication device or its functional equivalent, subscription-based emergency
\ncommunication device, prescribed medical device, amateur or ham radio device, or
\nin-vehicle security, navigation, or remote diagnostics system.
\n(b) A driver shall exercise due care in operating a motor vehicle on the highways of this state
\nand shall not engage in any actions which shall distract such driver from the safe operation
\nof such vehicle.
\n(c) While operating a motor vehicle on any highway of this state, no individual shall:
\n(1) Physically hold or support, with any part of his or her body a:
\n(A) Wireless telecommunications device, provided that such exclusion shall not prohibit the use of an earpierce, headphone device, or device worn on a wrist to conduct a voice-based communication (Smartphone watch); or
\n(B) Stand-alone electronic device;
\n(2) Write, send, or read any text-based communication, including but not limited to a text
\nmessage, instant message, e-mail, or Internet data on a wireless telecommunications device
\nor stand-alone electronic device; provided, however, that such prohibition shall not apply to:
\n(A) A voice based communication which is automatically converted by such device to be
\nsent as a message in a written form; or
\n(B) The use of such device for navigation of such vehicle for global positioning system
\npurposes.
\n(3) Watch a video or movie on a wireless telecommunications device or stand-alone
\nelectronic device other than watching data related to the navigation of such vehicle; or
\n(4) Record or broadcast video on a wireless telecommunications device or stand-alone
\nelectronic device; provided that such prohibition shall not apply to electronic devices used for
\nthe sole purpose of continuously recording or broadcasting video within or outside of the
\nmotor vehicle.
\n(d) While operating a commercial motor vehicle on any highway of this state, no individual shall:
\n(1) Use more than a single button on a wireless telecommunications device to initiate or
\nterminate a voice communication; or
\n(2) Reach for a wireless telecommunications device or stand-alone electronic device in such
\na manner that requires the driver to no longer be:
\n(A) In a seated driving position; or
\n(B) Properly restrained by a safety belt.
\n(e) Each violation of this Code section shall constitute a separate offense.
\n(f) (1) Except as provide for in paragraph (2) of this subsection, any person convicted of
\nviolating this Code section shall be guilty of a misdemeanor which shall be punished
\nas follows:
\n(A) For a first conviction with no conviction of and no plea of nolo contendere accepted to a
\ncharge of violating, this Code section within the previous 24 month period of time, as
\nmeasured from the dates any previous convictions were obtained or pleas of nolo contendere
\nwere accepted to the date the current conviction is obtained or plea of nolo contendere is
\naccepted, a fine of not more than $50.00, but the provisions of Chapter 11 of Title 17 and any
\nother provision of law to the contrary notwithstanding, the costs of such prosecution shall not
\nbe taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be
\nassessed against a person for conviction thereof;
\n(B) For a second conviction within a 24-month period of time, as measured from the dates any
\nprevious convictions were obtained or pleas of nolo contendere were accepted to the date the
\ncurrent conviction is obtained or plea of nolo contendere is accepted, a fine of not more than
\n$100.00, but the provisions of Chapter 11 of Title 17 and any provision of law to the contrary
\nnotwithstanding, the costs of such prosection shall not be taxed nor shall any additional
\npenalty, fee, or surcharge to a fine for such offense be assessed against a person for
\nconviction thereof:
\n(C) For a third or subsequent conviction within a 24-month period of time, as measured from
\nthe dates any previous convictions were obtained or pleas of nolo contendere were accepted
\nto the date the current conviction is obtained or plea of nolo contendere is accepted, a fine of
\nnot more than $150.00, but the provisions of Chapter 11 of Title 17 and any other provision of
\nlaw to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall
\nany additional penalty, fee, or surcharge to a fine for such offense be assessed against a
\nperson for conviction thereof.
\n(2) Any person appearing before a court for a first charge of violating parpagraph (1)
\nsubsection (c) of the Code section who produces in court a device or proof of purchase of
\nsuch device that would allow such person to comply with such paragraph in the future shall not
\nbe guilty of such offense. The court shall require the person to affirm that they have not
\npreviously utilized the privilege under this paragraph.
\n(g) Subsections (c) and (d) of this Code section shall not apply when the prohibited conduct occured:
\n(1) While reporting a traffic accident, medical emergency, fire, an actual or potential criminal
\nor delinquent act, or road condition that causes an immediate and serious traffic or safety
\nhazard;
\n(2) By an employee or contractor of a utility services provider acting within the scope of his or
\nher employment while responding to a utility emergency.
\n(3) By a law enforcement officer, firefighter, emergency medical services personnel,
\nambulance driver, or other similiarly employed public safety first responder during the
\nperformance of his or official duties; or
\n(4) While in a motor vehicle which is lawfully parked.”<\/p>\n","protected":false},"excerpt":{"rendered":"
The Hands-Free Georgia Act was signed by Governor Nathan Deal on May 2, 2018, and will take effect on July 1, 2018. For more information on the law and FAQ, visit http:\/\/www.headsupgeorgia.com\/handsfree-law\/. Hands-Free Georgia Act Section 2. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by […]<\/p>\n","protected":false},"author":1,"featured_media":9744,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"footnotes":""},"categories":[3],"tags":[],"acf":[],"_links":{"self":[{"href":"https:\/\/veloxinsurance.com\/blog\/wp-json\/wp\/v2\/posts\/2819"}],"collection":[{"href":"https:\/\/veloxinsurance.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/veloxinsurance.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/veloxinsurance.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/veloxinsurance.com\/blog\/wp-json\/wp\/v2\/comments?post=2819"}],"version-history":[{"count":1,"href":"https:\/\/veloxinsurance.com\/blog\/wp-json\/wp\/v2\/posts\/2819\/revisions"}],"predecessor-version":[{"id":9772,"href":"https:\/\/veloxinsurance.com\/blog\/wp-json\/wp\/v2\/posts\/2819\/revisions\/9772"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/veloxinsurance.com\/blog\/wp-json\/wp\/v2\/media\/9744"}],"wp:attachment":[{"href":"https:\/\/veloxinsurance.com\/blog\/wp-json\/wp\/v2\/media?parent=2819"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/veloxinsurance.com\/blog\/wp-json\/wp\/v2\/categories?post=2819"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/veloxinsurance.com\/blog\/wp-json\/wp\/v2\/tags?post=2819"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}