Cameron Miranda
On July 1, 2018, Georgia's Hands-Free Law came into effect, making it illegal for drivers to hold a cell phone or similar technology in their hands while driving. The law, officially known as House Bill 673, aims to address the issue of distracted driving by restricting the manual use of cell phones and other electronic devices, ensuring drivers' hands are free for safe vehicle operation. This paragraph introduces the topic of the Georgia cell phone law and its effective date, providing an overview of the law's key provisions and its impact on driver behaviour in the state.
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What You'll Learn
Holding a phone or using any body part to support it is prohibited
Georgia's House Bill 673, also known as the "Hands-Free Georgia Act", took effect on July 1, 2018. The Act prohibits drivers from holding a phone or using any part of their body to support a phone while driving. This means that drivers cannot hold their phones in their hands or, for example, between their shoulder and ear. This measure aims to ensure that drivers keep both hands available for operating their vehicle.
The Act does not require drivers to purchase hands-free accessories, such as mounts or brackets. However, it is recommended for safety reasons. If drivers choose not to purchase hands-free equipment, they can simply place their phones on the vehicle's console or a seat, as long as the phone is not held or supported by any part of the driver's body.
The "Hands-Free Georgia Act" was enacted in response to the rising number of crashes and fatalities on Georgia roads, with state and local law enforcement attributing these incidents to driver inattention. The Act sets strict guidelines on the use of mobile phones and other electronic devices while driving, aiming to address the broader issue of distracted driving.
While the Act prohibits holding a phone to the ear, drivers are allowed to use their phones in certain hands-free ways. They can use their phone's speakerphone, Bluetooth technology, earpiece, headphones, or when the phone is connected to the vehicle or an electronic watch. Additionally, GPS navigation devices are permitted.
It is important to note that even when using hands-free methods, drivers are still expected to exercise safe driving practices and ensure their full attention is on the road.
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Text-based communication is restricted
Georgia's Hands-Free Law, which came into effect on July 1, 2018, restricts text-based communication while driving. This means that drivers are prohibited from sending, reading, or writing any text-based communication unless it is through voice-based communication that converts messages to text. This restriction is part of the broader House Bill 673, also known as the "Hands-Free Georgia Act" or simply the "Hands-Free Law", which aims to address the issue of distracted driving by restricting the manual use of cell phones and other electronic devices.
The law explicitly prohibits drivers from holding a phone or using any part of their body to support the phone. This measure ensures that drivers have both hands available for vehicle operation. In addition to the restriction on text-based communication, the law also includes restrictions on video and recording, headset and earpiece use, and music streaming apps.
While drivers are restricted from using their phones for text-based communication, there are several exceptions to the Hands-Free Law. For example, in emergency situations, drivers are allowed to use their mobile devices to report an accident, criminal activity, medical emergency, fire, or hazardous road conditions. Similarly, utility service workers and first responders are exempted from the law when using their devices to respond to a utility emergency or perform their official work duties, respectively.
It is important to note that the Hands-Free Law does not apply to certain types of electronic communication devices, such as citizens band radios, commercial two-way radio communication devices, emergency communication devices that require a subscription, devices prescribed for medical use, amateur or ham radio devices, and vehicle-integrated systems for security, navigation, or remote diagnostics.
The penalties for violating the Hands-Free Law in Georgia are structured to escalate with subsequent offenses. For a first conviction, a driver faces a fine of $50 and one point on their driver's license. However, first-time offenders have the opportunity to have the charge dropped if they demonstrate to the court that they have acquired a device enabling hands-free communication. A second conviction within 24 months of the first will result in a fine of $100 and two points on the driver's license. For a third or subsequent conviction within 24 months of the first, the penalty further increases to a fine of $150 and three points on the license.
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Video and recording restrictions
Georgia's video recording laws prohibit the use of any device to record, photograph, or transmit the activities of another person that occur in a private place and out of public view without the consent of the person being recorded. This is outlined in Ga. Code Ann. § 16-11-62(2).
However, there are some exceptions to this law. For example, property owners or occupants can record, observe, or photograph individuals on their property or in areas where there is no reasonable expectation of privacy for security, crime prevention, or crime detection purposes. This is permitted under Ga. Code Ann. § 16‐11‐62(2)(B).
Additionally, parents can legally intercept the electronic and phone communications of their minor children without their consent.
Violating Georgia's video recording laws can result in criminal prosecution and civil lawsuits.
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Headset and earpiece restrictions
Georgia's Hands-Free Law, which came into effect on July 1, 2018, sets out specific restrictions on the use of headsets and earpieces by drivers. The law states that these devices may only be used for communication purposes and not for listening to music or other forms of entertainment. This means that while drivers are permitted to use a single AirPod or similar device for making or receiving hands-free phone calls, using both AirPods for listening to music or other audio while driving is prohibited.
The law explicitly prohibits drivers from holding a phone or using any part of their body to support it. This measure aims to ensure that drivers have both hands available for operating the vehicle. As a result, drivers are allowed to use their phones to make or receive calls using speakerphone, earpieces, wireless headphones, in-vehicle hands-free audio systems, or electronic watches.
It is worth noting that Georgia's Hands-Free Law does not apply to certain types of electronic communication devices, including citizens band radios, commercial two-way radio communication devices, emergency communication devices that require a subscription, prescribed medical devices, amateur or ham radio devices, and vehicle-integrated systems for security, navigation, or remote diagnostics.
The law also provides several exceptions where the use of a mobile device while driving is permitted, such as in emergency situations, when the vehicle is lawfully parked, for utility service workers responding to a utility emergency, and for first responders performing their official duties.
Penalties for violating Georgia's Hands-Free Law include fines and points assessed against the driver's license, with the severity increasing for subsequent convictions within a 24-month period.
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Music streaming apps restrictions
Georgia's House Bill 673, also known as the "Hands-Free Georgia Act" or the "Hands-Free Law", came into effect on July 1, 2018. The law places several restrictions on the use of music streaming apps while driving:
- Music streaming apps can only be used if the driver activates and programs them while their vehicle is parked. Any interaction with these apps while the vehicle is on the road is prohibited.
- Music streaming apps that include video content are not allowed, as drivers are prohibited from watching videos while driving.
- Headsets and earpieces can only be used for communication purposes and not for listening to music or other entertainment.
- Drivers cannot touch their phones to activate or program a music streaming app while driving. They can, however, activate the app before getting on the road and listen to the programming.
- If a music streaming app is connected to and controlled by the vehicle's radio, the driver is not permitted to touch their phone while driving.
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Frequently asked questions
The GA cell phone law, also known as the Hands-Free Georgia Act, became effective on July 1, 2018.
Drivers are prohibited from sending, reading, or writing any text-based communication unless it is through voice-based communication that converts messages to text.
The penalties for violating the Act are structured to escalate with subsequent offenses. For the first conviction, the penalty is a $50 fine and one point on the driver's license. For the second conviction, the fine increases to $100 and two points are added to the license. For the third and subsequent convictions, the fine is $150 and three points are added to the license.
