Georgia’s Hands-Free Law prohibits drivers from holding a cell phone while driving. Drivers are not allowed to write, read, or send texts, emails, or social media messages. Watching or recording videos is also illegal, except for navigational use and dash cams.
Georgia lawmakers passed the law to protect lives and reduce the number of motor vehicle crashes caused by distracted drivers. Cognitive distractions such as cell phone use increase the risk of traffic crashes. Drivers who violate Georgia’s hands-free law can face fines and points on their driver’s license.
Distracted drivers can also be held financially accountable by the injured people whose lives they disrupt in distracted driving accidents. If you have been injured in a crash involving a distracted driver, you should talk with a knowledgeable Atlanta personal injury attorney about your legal options to seek compensation for your losses.
Here’s everything you need to know about complying with Georgia’s Hands-Free Law requirements.
What Is the Georgia Hands-Free Law?
In 2018, Georgia became the 16th state to enact distracted driving laws addressing hands-free driving. Georgia’s law bans drivers from holding or supporting a phone or electronic device with any part of their body while driving.
Drivers cannot send, read, or type texts, emails, or post on social media accounts. Drivers are also prohibited from touching their phones to control streaming music and from watching or recording videos. However, they can use navigational devices and dashcams. The law allows drivers to make hands-free phone calls through Bluetooth, speakerphone, or other voice-activated technology.
For novice drivers under age 18, Georgia bans all cell phone use while operating a vehicle.
Are There Any Exceptions to the Georgia Hands-Free Law?
Yes, the law includes some notable exceptions:
- Drivers can use their hand-held phones to report accidents, medical emergencies, fires, crimes, or hazardous road conditions.
- Utility workers responding to emergencies can use phones while performing job-related tasks.
- First responders, including police officers, firefighters, and emergency medical personnel, can use electronic devices while performing official duties.
The law also allows drivers to use hands-free technology for navigation. A driver parked in a legal parking space can use a phone without restrictions. However, stopping at a red light or stop sign does not count as being parked. Drivers using their phones for any reason other than an emergency must follow the hands-free rules.
How Does the Hands-Free Law Apply to Commercial Drivers and School Bus Drivers?
Commercial drivers and school bus drivers must follow additional hands-free driving rules.
Commercial drivers can press a single button only to start or end a phone call. They cannot reach for a phone in a way that removes them from a seated driving position or interferes with wearing a safety belt. Commercial drivers also must comply with federal regulations that prohibit all handheld phone use while driving.
School bus drivers cannot use a cell phone or two-way radio while loading or unloading passengers. They also cannot use a phone or wireless telecommunications device while driving unless they need to communicate with school officials or public safety personnel.
What Makes Driving and Talking/Texting So Dangerous?
Driving requires your full attention. Talking on a phone and sending text messages take a driver’s focus away from the primary task. So, they are risky driving behaviors. When a driver looks at their phone, even for a few seconds, the driver can travel a significant distance without being alert to changes in traffic, changing traffic signals, or pedestrians entering the roadway.
According to the National Highway Traffic Safety Administration, texting is especially dangerous because it involves three types of distraction: visual, manual, and cognitive. Drivers must take their eyes off the road to look at their phone screens, take their hands off the wheel to type, and shift their mental focus to engage in text-based communication. Many states currently have texting bans for drivers in addition to state laws that address hand-held phone use.
Hand-held phone use increases the risk of distracted driving crashes. Holding a phone forces a driver to steer with only one hand, which makes it harder to react quickly. Even hands-free calls can cause distractions by pulling a driver’s attention away from their surroundings. Police crash reports may note whether the officer investigating a crash suspected distraction or inattention was a contributing factor.
Law enforcement and safety experts agree that hands-free technology reduces the dangers of distraction-related crashes. However, it does not eliminate them. Any distraction can be a contributing factor to an accident. The safest option is to avoid phone use behind the wheel and focus on distraction-free driving and safe operation of the vehicle.
Can I Hold My Phone at a Red Light in Georgia?
No, Georgia’s Hands-Free Law does not allow drivers to use their handheld devices at a red light. The law applies whenever a vehicle is on the road, even when stopped at a traffic signal or stop sign. Drivers cannot hold or support a phone with any part of their body while waiting for the light to change. They cannot type, read, or send texts, emails, or social media messages. However, drivers can use hands-free features like voice commands, Bluetooth, or speakerphone.
The only time a driver can legally hold a phone while in their vehicle is when they are parked in a legal parking space. Stopping at a red light does not count as being parked. Using a phone while stopped at a light still creates a distraction. Drivers should activate GPS devices or music apps before driving to avoid common distractions and stay compliant with the law.
What Are the Penalties for Violating Georgia’s Hands-Free Law?
Drivers who violate Georgia’s Hands-Free Law face fines and license points. Accumulating too many points can lead to the suspension of driving privileges. The penalties for hand-held cellphone use while driving increase with repeat offenses to discourage distracted driving:
- A first offense results in a $50 fine and one point on the driver’s license.
- A second offense within 24 months carries a $100 fine and two points.
- A third or subsequent offense within 24 months leads to a $150 fine and three points.
Drivers cited for a first offense can avoid a conviction by showing proof that they have purchased a hands-free device. The court will dismiss the charge if the driver affirms that they have not used this defense before. Any violation, even at a red light, can result in a citation.
Contact a Georgia Car Accident Lawyer
Distracted drivers pose a crash risk to everyone sharing Georgia roads. Those who drive distracted should be held financially accountable when their risky behavior causes injuries to others or leads to fatal crashes.
If you suffered injuries in a distracted driving accident in Atlanta, the experienced legal team at Bayuk Pratt can fight for the compensation you need. Our injury attorneys have over 50 years of combined experience and have recovered more than $300 million for injured clients. As former defense lawyers, we know the tactics that insurance companies use to deny injury claims. and what it takes to hold them accountable. Contact our team today for a free consultation and learn more about how we can help you pursue maximum compensation.
