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Home > Blog > Georgia > Georgia’s New Controversial Hands-Free Cell Phone Law: What You Need to Know

Georgia’s New Controversial Hands-Free Cell Phone Law: What You Need to Know

Contributor: Ben Gerber How can I contribute?

Georgia's hands-free cell phone policy - what you need to know

Beginning on July 1, 2018, the state of Georgia enacted a new law designed to lower the devastating effects of distracted driving in the Peach State. Signed by former Governor Nathan Deal, House Bill 673, the Hands-Free Georgia Act, requires drivers to use hands-free technology in order to use their cell phone or smartphone while behind the wheel.

Georgia’s New Hands-Free Cell Phone Law
Effective July 1, 2018

Legal Illegal
Using voice-text features (like Siri) Texting or emailing
Using hands-free technology (headphones or through car connectivity) Reading a text message or email
Using a GPS system or mapping app Picking a song on your iPod or phone
Using radios Leaning over for an out-of-reach device
Using your phone to report an accident Watching a video/Looking at pictures
Calling 911 Taking pictures or a video
Using your phone when parked Using your phone at a stoplight

The Details

The new law states that holding a cell phone or electronic device in your hand while driving is against law. Period. This means talking, testing, taking a picture, watching or recording a video and any other activity where you’re holding a mobile device is now illegal in the state of Georgia.

According to O.C.G.A. § 40-6-241(a)(3):

‘Wireless telecommunications device’ means a cellular telephone, a portable telephone, a text-messaging device, a personal digital assistant, a stand-alone computer, a global positioning system receiver, or substantially similar portable wireless device that is used to initiate or receive communication, information, or data. Such term shall not include a radio, citizens band radio, citizens band radio hybrid, commercial two-way radio communication device or its functional equivalent, subscription based emergency communication device, prescribed medical device, amateur or ham radio device, or in-vehicle security, navigation, or remote diagnostics system.

There are a few exceptions to this rule.

For instance, Georgia drivers are still allowed to use a cell phone so long as it’s done using hands-free technology. Using a GPS system or app is also acceptable. Holding a cell phone is also legal if you need to report an accident or there’s another emergency while you’re driving.

Georgia’s new law states that holding a cell phone or electronic device in your hand while driving is against law. Period. Tweet this

This law doesn’t apply individuals who are performing professional duties like police officers or other emergency personnel. It does, however, apply to school bus drivers.

The Controversy

This isn’t the first time the state of Georgia has taken steps to stop distracted driving with cell phones. In 2010, texting while driving became a criminal offense; however, law enforcement believed the law to be difficult to enforce, and traffic fatalities in the state have increased over the past few years.

This new law has some Georgia residents concerned. With a fine of up to $150 for multiple offenses, some citizens think that being unable to touch their device is taking the law too far.

In addition to the points on your driver’s license, getting caught breaking the law is considered a misdemeanor with the following punishments:

  • First offense in a 24 month period involves a maximum $50.00 fine
  • Second offense in a 24 month period involves a maximum $100.00 fine
  • Third or more offense in a 24 month period involves a maximum $150.00 fine

Whether or not the new legislation will help decrease the number of fatal accidents in Georgia remains to be seen. Just be sure you’re not got red-handed holding your cell phone behind the wheel!

Georgia Employers Take Note

This wide sweeping law doesn’t just impact citizens, but also employers.

Companies should amend their employee handbooks and safety policies to inform their employees — particularly those whose duties involve driving — about this new law and its implications. Workers, too, should note this new law and tell their employer about it if they aren’t aware.

About Gerber & Holder Attorneys At Law

If you or a loved one have been seriously injured on the job, or suffered an occupational injury, you should know that you have legal rights under the Georgia workers’ compensation law. At Geber & Holder Law, our Atlanta work injury attorneys can tell you what those rights are and we’ll fight aggressively on your behalf to negotiate a fair settlement—and even take your case to the highest court in the land if necessary. We see every client as an individual with a unique story and important concerns. Our law firm has served our clients faithfully in every case. By doing so, we have been able to build a history of success stories by securing large workers’ compensation settlements and payouts. Most importantly, we’ve been able to change the lives of our clients, helping them recover physically, emotionally and financially. View our profile and visit our website today.

What do you think about Georgia’s new hands-free law?

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About Ben Gerber

Comments

  1. Jessie says

    June 27, 2019 at 12:22 pm

    The law seems to be more about money than safety. Recently I was told by an officer that I should stare at my map app on my center console instead of holding it where I can also see the road. This must be Georgia’s way of getting money from tourists. All twenty or so people that were pulled over with me were all out of state drivers.

    Reply
  2. Curtis Allred says

    June 18, 2020 at 11:12 am

    My grandmother doesn’t agree with the hands-free law. She feels like we should be given the freedom to be able to use a cell phone and talk on it while driving.

    Reply
    • Melissa Gold says

      June 18, 2020 at 1:41 pm

      Hi, Curtis. Unfortunately, not every citizen agrees with every law, but every citizen has to follow them (or suffer the consequences). When it comes to laws related to driving, they’re usually for both the driver’s safety and the safety of other road users. There’s significant research showing that driving while using a mobile phone is as dangerous a driving drunk — and hopefully your grandmother wouldn’t do that. Please do encourage her to follow the law for her safety, everyone else’s safety, and because even grandmas get tickets.

      Reply
  3. Jerry Chandler says

    July 1, 2020 at 6:34 am

    I use the speaker function on my phone to talk to people while driving. If the phone is on the console or in a cup holder I still have to press a button on the phone to answer a call. Is that illegal? Sometimes while stopped at a traffic light I might pick up the phone to speak into it to make a call, like “Siri call my mom” and then put the phone back down in the cup holder or on the console. Is that illegal?

    Reply
    • Ian Pisarcik says

      July 1, 2020 at 4:21 pm

      Jerry,

      Thanks for the comment.

      Under the statute, it is ILLEGAL to “physically hold or support, with any part of [your] body a wireless telecommunication device.” However, it is LEGAL to use “a single button on a wireless telecommunications device to initiate or terminate a voice communication” so long as doing so doesn’t require you to no longer be in a seated driving position.

      So, to answer your questions, it’s okay to press the button to answer a call while the phone is in the cup holder. It’s not okay to pick up the phone to make a call.

      Reply

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