Law Bans Georgia Motorists From Holding Phone While Driving

ATLANTA, GA — Georgia has become the 16th state in the country to enact a bill that would ban drivers from having a cell phone in their hands while behind the wheel of a vehicle. Georgia Gov. Nathan Deal signed House Bill 673 into law Wednesday afternoon in Statesboro. The law, which goes into effect on July 1, prohibits drivers from having a phone in their hands or supported by any part of their body, the Georgia Governor's Office of Highway Safety said.

“It’s second nature to pick up our phones when we are behind the wheel, but if you have it in your hand when driving after July 1, you run the risk of getting a ticket,” Harris Blackwood, director of the Governor’s Office of Highway said. “While we encourage everyone to stay off their phones, we recommend drivers to implement now whatever they will need in order to place and receive calls without having the phone in their hands or on their bodies.”

Gov. Deal's location of the signing ceremony is home to Georgia Southern University, situated in the central part of the state in Bulloch County. As Patch readers recall, five nursing students enrolled at the institution were killed in an accident involving a tractor trailer in April 2015. The driver of the tractor trailer, who admitted to using his cell phone to text before the accident, was sentenced in August 2016 to five years in prison and five years on probation for the crash, according to the Atlanta Journal-Constitution.

Those students, Gov. Deal said in his remarks, were preparing for a career that would have placed them on the front lines of saving lives. While the accident was a "great tragedy," it reminds residents what can happen in an instant.

"A life, a life full of potential and the joy it brought to their families is suddenly taken away," he said. "I am honored to sign this Hands-Free legislation here in this community, the home of Georgia Southern. Its aim is to decrease distracted driving by prohibiting the use of wireless telecommunication devices while on any public roads on our state. Even more so, its aim is to prevent the types of tragic and avoidable deaths that occured on that stretch of I-16 on that horrible day in April of 2015."

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The legislation was written by State Rep. John Carson, a Republican of Marietta, and passed both houses of the Georgia General Assembly during the 2018 legislative session. The bill requires drivers to use an earpiece, wireless headsets or smartphone watch to make and receive calls and to use navigational devices. Texting, sending and receiving emails, posting on social media, and browsing the internet are also prohibited, but drivers can text if they are using technology that converts voice to text messages.

Drivers are also banned from watching and recording videos except those that are used for navigational purposes and continuously running dash cameras. It will also be illegal for drivers to have a phone in their hands while they are stopped at a traffic signal or stop sign. However, it will be legal to make a hand-held phone call or send a text, email or social media post when the vehicle is lawfully parked.

Drivers will also be allowed to hold a phone to make calls to report a traffic accident, criminal activity, medical emergencies, fire or hazardous conditions. The legislation exempts law enforcement officers, fire and EMS personnel and employees, and contractors of utility companies if the call they are making is related to their official duties or while responding to a utility emergency.

While most state and local law enforcement officers will be working to educate all motorists on the bill in the first few months after July 1, drivers should not expect to automatically receive a warning if they are stopped for violating the Hands-Free law.

After July 1, law enforcement officers can and will issue citations in crashes caused by distracted driving and to drivers they feel should be issued a citation for the violation the officer observe. Blackwood said officers are ready to work with and educate drivers to help them understand the new law.

“Putting our phones down when we are behind the wheel will make our roads safer for everyone to drive, walk and bike because it means we all be more attentive when we behind the steering wheel,” he added.

For more information about the new law, visit Heads Up Georgia's website. You can also read the legislation by visiting the Georgia General Assembly's website.

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