On July 1, 2018, the Georgia hands-free law will take effect for all drivers. The new law, the Hands Free Georgia Act, amends Georgia’s 2010 anti-texting law and includes new more restrictive laws for drivers using their cell phones.
Why did Georgia’s texting and driving law change?
The new Georgia texting and driving law aims to decrease the number of traffic fatalities on Georgia roads. In 2017, alone, 1,549 drivers were killed in car accidents.
The big picture is this: Georgia’s new hands-free law aims to prohibit the use of cellular devices while driving.
How to Stay Legal under the Hands-Free Georgia Act To help better understand Georgia’s new texting and driving law, we’ve compiled a list of the Do’s and Don’ts.
What You Can and Cannot Do While Driving in Georgia
You cannot have your cell phone in your hand or use any part of your body to support or operate it. You can use your phone if it can be controlled with a wireless device or earbud/Bluetooth technology that does not require use of anything other than your voice.
Additional regulations you must abide by include:
- Your earpiece can only be used to operate or speak on your phone
- You cannot listen to music or any other entertainment (podcasts, etc)
- You cannot read, respond to, or post anything on social media channels
- You cannot watch or record video of any type other than GPS navigational tools
- You cannot send or respond to emails or text messages
Georgia takes the safety of its citizens seriously, and you could face stiff penalties and hefty fines for disregarding the hands-free law.
With limited exceptions, no mobile or electronic devices can be used in an unsafe manner while you are behind the wheel of your vehicle in motion. Doing so constitutes distracted driving which can lead to dangerous traffic accidents.
Notable Exceptions for Specific Drivers and Situations
When a vehicle is legally parked, in a parking space (not in traffic, at a traffic light or stop sign) a driver can use their phone normally. Additional exceptions include:
- First responders, police officers, firefighters, and medical personnel are exempt from the hands-free requirement while performing official duties.
- School bus drivers cannot use wireless telecommunication devices while loading or unloading passengers, though they can be used while the bus is moving to contact school and public safety officials.
Commercial truck drivers are also an exception. They can use a mobile device to make and receive calls if it can be operated with one button. Truckers cannot use a device that requires them to stand or otherwise leave their seats.
Penalties for Breaking the Hands-Free Georgia Act
- First-time offenders will receive 1 point on their license and a $50 fine.
- Second-time offenders will receive 2 points on their license and a $100 fine.
- Third-time offenders will receive 3 points on their license and a $150 fine.
The hands-free law is a direct response to the increased number of car accidents and car accident fatalities in Georgia. The majority of these car accidents have been rear-end accidents, single-car accidents, and accidents between drivers ages 15 – 25 years old. Local and state law enforcement officials believe that these car accidents are due to driver distraction.
There has been a 16% decrease in car accident fatalities in the 15 states that have already passed a similar hands-free law. The decrease alone has provided a sense of hope to Georgia lawmakers as they look for better safety measures on Georgia’s roads.
Georgia Department of Public Safety has released statements recognizing that the new hands-free law will be a “major transition for drivers.” Therefore, there’s a grace period, based upon police officer discretion, which allows officers to issue warnings to drivers who violate the Hands Free Georgia Act, instead of writing traffic citations.
Alongside government, state, and local officials, we too hope that the Hands Free Georgia Act increases driver attentiveness and reduces the number of car accidents in Georgia. At Kaine Law, we have represented countless car accident victims who have been injured or killed due to car accidents caused by distracted drivers. Please contact our personal injury law firm today to speak with a Georgia car accident lawyer.
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