Click here to fight your Georgia traffic ticket.
Georgia has a hands-free law in place. It’s a landmark regulation that took effect in July 2018. The law restricts how drivers can use mobile phones and technology while on the road.
However, not everybody understands this new law. Most people are confused by some sections of the regulation and its provisions. For this reason, we’ve put together this guide to help you dissect this hands-free law and make sure you have the right information.
Georgia’s Cell Phone Law
According to the new hands-free law:
· Drivers are prohibited from holding phones in their hands. They also cannot use any other body parts to support the cell phone while driving. That means motorists can’t have their phones on their laps or nestled between their ears and shoulder while driving.
· Drivers can make use of hands-free technology to make or receive calls. This includes speakerphones, wireless headphones, or earpieces.
· Motorists cannot read, write, or send texts and emails while driving. The only exception is if they use voice-based services that automatically convert their voice messages into written texts.
· Browsing the internet or posting on social media while driving is an offense.
· Drivers are allowed to wear earpieces and headsets specifically for communication reasons. This means they cannot use them for entertainment purposes like listening to music or podcasts.
· A driver is prohibited from watching videos while on the road. The law, however, allows the exception of navigational or GPS videos and GPS apps as long as the address or navigational data is keyed in before the driver gets on the road. Alternatively, the motorist can provide the navigational data through voice-based input.
· Drivers are not allowed to broadcast or record videos while driving. Automatically running dashboard cameras are the only exception to this rule.
Listening to music is a good pastime activity while behind the wheel. But is it legal?
Can Drivers Listen to Music While Driving?
It’s legal to stream and program music through your car’s radio system. However, you are prohibited from touching your electronic devices to control music-streaming apps while on the road.
This means that you can stream your favorite playlist on your mobile phone. But you can’t pick up your phone to switch to another playlist if you feel like you’d rather listen to something else. You can only activate and program a music listening app when you are parked or before driving.
Streaming music videos on electronic gadgets while on the road is also prohibited. This is because drivers are barred from watching any type of video while driving.
When you break the aforementioned restrictions as stated in the hands-free Georgia Act, you can expect to face the consequences.
Penalties For Cell Phone Ticket in Georgia
· Your first conviction attracts a $50 fine. You also get one point on your driver’s license.
· If you’re found guilty of the same offense for a second time, your penalty doubles. Essentially, you get a $100 fine plus a two-point penalty on your driver’s license.
· For the third conviction, you’re slapped with a $150 fine plus three points on your license.
Drivers will only get second, third, or subsequent convictions provided they committed the offense within two years of the first conviction. It means that if you breach the hands-free law in 2021 and get a $50 fine and one-point penalty, and then you repeat the same offense in 2025, the violation will count as your first conviction.
If you get several convictions within two years, you may face stiffer penalties amounting to a $300 fine or more. Your driver’s license may also be suspended if you get 15 points in fines within a two-year timeframe.
Say you’re facing a first-time charge for violating the hands-free law. In that case, you can have the charges dropped by showing the court you have adopted a hands-free device. This will allow you to talk on the phone while driving without holding your phone.
Commercial motor vehicle operators who contravene the distracted driving law, besides the penalties indicated above, may face a civil penalty amounting to $2,750.
Additional Restrictions for Commercial Drivers
As a commercial motor vehicle operator, you’re allowed to use only a single button on a wireless gadget to initiate or end a voice call. You’re prohibited from reaching for a fallen mobile phone or electronic gadget if it means you have to shift out of your seat and safety belt. The alternative is to get the vehicle parked off the road and reach for the phone.
However, as the adage goes, for every rule, there’s an exception. Georgia’s hands-free law features some exceptions as well.
Exceptions to the Law
Yes, there are a few exceptions to the hands-free law in Georgia. For one, passengers don’t have to subscribe to this law. It’s only meant for the drivers because they are the ones in control of the vehicle.
Below are some other instances when you can use your phone while driving in Georgia:
· If you notice a crime happening while driving, you can reach for your phone to report it to the authorities.
· You can also use your phone to report other emergencies like a crash, fires, medical cases, or serious road hazards.
· If you’re a first-aid professional or public utility worker responding to a distress call linked to your work, you’re excused from the hands-free law. This also applies to firefighters and law enforcement personnel.
· If you park your car in a lawfully designated place, you’re free to reach for your phone and use it. Remember, stopping at a stop sign or stoplight on a public roadway does not qualify as “lawfully parked.”
The Bottom Line
The passage of Georgia’s hands-free law was a response to the surge in rear-end crashes on the state’s roads. The majority of these collisions involved young motorists using cell phones or electronic devices while driving.
Many other states had already ratified similar legislation before Georgia. And they saw a significant reduction in collisions and fatalities immediately after the law came into effect.
It is your responsibility as a motorist to remain up-to-date on these traffic laws and regulations to avoid breaking the law unknowingly.