Georgia’s Hands-Free Law was enacted to prevent distracted driving accidents caused by drivers using handheld devices behind the wheel. If you’ve been injured in a distracted driving crash, a car accident lawyer in Sandy Springs can help you understand your legal options.
According to Tom Ashenden, founding partner of Ashenden & Associates, P.C., “Our firm has seen some horrible catastrophes because of drivers being distracted by their cell phones and smart devices while driving.”
Contact Ashenden & Associates, P.C. to schedule a free consultation with experienced Sandy Springs auto accident attorneys dedicated to fighting for your rights.
Is Georgia a Hands-Free State?
Yes, Georgia is a hands-free state. Under Georgia’s Hands-Free Law, drivers are prohibited from holding or supporting any wireless telecommunications device or stand-alone electronic device while operating a vehicle. This includes using a phone for phone calls, text-based communication, video-data files, music streaming apps, or internet data, unless done hands-free through voice-based communication or a mounted telecommunications device or stand.
Violations of the law can result in fines and points on a driver’s license, with stricter penalties for repeat offenses. The law aims to reduce distracted driving accidents and improve road safety across the state.
What is a Wireless Telecommunications Device or Stand Alone Electronic Device?
Under Georgia’s Hands-Free Law, a wireless telecommunications device is a cellular telephone, a portable telephone, a personal digital assistant, a text messaging device, a stand-alone computer, a global positioning system receiver, or similar portable wireless telecommunication device used to send or receive information, communication, or data.
A wireless telecommunications device or stand-alone electronic device under Georgia’s Hands-Free Law doesn’t include any citizens’ band radios or hybrids, two-way radios, emergency communication devices, in-vehicle security devices, remote diagnostics system devices, or prescribed medical device systems.
When Was the Hands-Free Law Passed in Georgia?
Georgia’s Hands-Free Law was passed on May 2, 2018, and went into effect on July 1, 2018. The distracted driving law was introduced after other states had sucess with hands-free driving laws to combat the growing issue of distracted driving by prohibiting the use of handheld devices while operating a vehicle.
Distracted Driving Law Georgia
A driver should exercise care when operating a motor vehicle, not engaging in distracted driving actions that will direct attention from operating such vehicle.
Phones and Electronic Communication Devices
A driver cannot have a wireless telecommunications device or stand alone electronic device supported with any part of his or her body, meant to engage the phone while driving.
Is it illegal to drive with headphones in Georgia?
Wireless telecommunication device: such exclusion does not prohibit the use of an earbud, headphone device, or device worn on the wrist, such as an electronic watch or smart watch.
Texting and Driving
Even using hands-free technology, a driver cannot read, write, or send text-based communication from a text messaging device, social media content, or other internet data.
Such prohibition does not apply to voice communication, such as voice based communication for text is allowed when such device automatically coverts audio to text.
Watching Videos and Recording
A driver cannot watch video data files using a wireless telecommunications device or stand-alone electronic device while operating such vehicle.
Such prohibition does not apply to watching data related to navigation in a device for such vehicle for global positioning system purposes. (GPS is allowed.)
A driver cannot use electronic devices or phone while driving to record video. Continuously recording or continuously running dash cams are permitted.
Music Streaming Apps
A driver can listen to music streaming apps if the app doesn’t include video on the screen. However, the driver cannot use their phone to activate or program the app. Music streaming apps that are controlled by and used through the vehicle’s audio system are permitted.
Commercial Motor Vehicle
A commercial motor vehicle driver cannot:
- Use more than one button on electronic communication devices or other electronic devices to initiate or stop voice communication.
- Reach for their wireless telecommunication device or stand-alone electronic device in such a manner requiring them to no longer be properly restrained by their safety belt or in a seated driving position.
If you’ve been involved in a distracted driving commercial motor vehicle accident, contact our Sandy Springs commercial vehicle accident attorneys for a free consultation.
School Bus Driver Addition
A school bus driver cannot use or operate a wireless telecommunications device or a two-way radio while loading or unloading passengers. They also cannot use or operate a wireless telecommunications device while the bus is moving unless such device is used to allow live communication between school officials or public safety officials.
If you’ve been injured in a distracted driving bus accident, our Sandy Springs bus accident lawyers can help you pursue compensation.
Who is Excluded from Hands-Free Driving Laws in Georgia
The Hands-Free Georgia Act prohibits drivers from holding or supporting electronic devices while operating a motor vehicle. However, there are specific exceptions to Georgia’s hands-free law:
- Reporting Emergencies: Drivers are permitted to use their devices to report emergencies such as a traffic accident, medical emergency, utility emergency, safety hazard on the road, or criminal activities.
- First Responders: An on-duty local law enforcement officer, firefighter, ambulance driver, emergency medical services personnel, and similarly employed public safety officials enforcement personnel are exempt when performing the official duties of his or her employment.
- Utility Services Provider Acting in Scope of Duty: A utility service provider acting within the scope of his or her official duties as a utility services provider, such as operating commercial vehicles for public utilities (e.g., electricity, water, telecommunications) are exempt when acting within the scope of their employment during a utility emergency.
- Citizens Band Radio (CB) and Ham Radio Device: Drivers using citizens band radio, citizens band radio hybrid, or a licensed ham radio device are permitted to operate them while driving.
- In-Vehicle Systems: Drivers are permitted to use in-vehicle security, GPS navigation devices, global positioning system purposes, a global positioning system receiver, a remote diagnostics system, or a prescribed medical device while operating a motor vehicle.
It’s important to note that these exemptions are specific and limited. For most drivers, the law requires the use of hands-free technology to operate communication devices while driving.
Georgia Hands-Free Law Loophole
Georgia’s Hands-Free Law is a distracted driving law that prohibits drivers from holding or supporting a wireless telecommunications device, like a phone while driving. Initially, the Hands-Free Georgia Act included a provision allowing first-time offenders to avoid penalties by presenting proof of purchasing a hands-free device to the court. This provision was intended to encourage compliance by enabling violators to demonstrate their commitment to adhering to the law.
However, this “get out of jail free” clause was criticized for being unenforceable and potentially allowing repeat offenders to exploit the system. In response, the Georgia House of Representatives voted in March 2021 to eliminate such exclusion, aiming to strengthen the law’s effectiveness and enhance road safety.
Penalties for Hands-Free Violation: Georgia
Hands-Free Ticket Cost Georgia
Under Georgia’s Hands-Free Law, the penalties for using a wireless telecommunications device while driving are structured to deter distracted driving:
- First Offense: A fine of up to $50 and one point added to the driver’s license.
- Second Offense (within 24 months): A fine of up to $100 and two points added to the license.
- Third and Subsequent Offenses (within 24 months): A fine of up to $150 and three points added to the license.
Local law enforcement recommend drivers utilize hands-free technologies, such as Bluetooth or speakerphone functions, to comply with the law and enhance road safety. By adopting these practices, drivers can avoid penalties and contribute to reducing accidents caused by distracted driving.
Georgia Hands-Free Law First Offense
Under the Hands-Free Georgia Act, a first offense of violating the law carries a fine of up to $50.00. However, no additional penalties, fees, or surcharges are added to this fine, and prosecution costs are not imposed. This straightforward penalty reflects the state’s commitment to deterring distracted driving without undue financial burden.
Second Conviction Penalties
Under the Hands-Free Georgia Act, a second conviction within a 24-month period results in a fine of up to $100.00. Like a first offense, no additional penalties, fees, surcharges, or prosecution costs are imposed beyond the fine itself. This increased penalty underscores the state’s commitment to reducing distracted driving incidents and addressing the safety hazard posed by the use of handheld devices behind the wheel.
Third and Subsequent Convictions
Under the Hands-Free Georgia Act, a third or subsequent conviction within a 24-month period results in a fine of up to $150.00. For these third and subsequent convictions, no additional penalties, fees, surcharges, or prosecution costs are added to the fine.
How a Sandy Springs Distracted Driving Accident Lawyer Can Help
A Sandy Springs distracted driving accident lawyer can provide critical assistance if you’ve been injured in an accident caused by a driver’s negligence. They can investigate the crash, gather evidence proving the other driver was engaging in distracted driving, and negotiate with insurance companies on your behalf. Whether texting, using a GPS, or any other distraction caused your injuries, having an experienced advocate ensures your rights are protected. If you’ve been hurt, reach out today for a free consultation.