Georgia hands free law

More than 100 hands-free citations given near Big Chicken intersection

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Big Chicken traffic citations

For a couple of hours this morning, a few dozen police officers (some posing undercover as road workers) cracked down on distracted drivers around the Big Chicken, the intersection of Roswell Road and Cobb Parkway, and gave out between 100 and 150 citations.

That area includes the Roswell Road access point for the Northwest Corridor managed lanes, and the number of citations is an estimate that is expected to rise.

Marietta Police said the undertook the planned enforcement detail because in recent months they’ve seen an increase in the number of accidents caused by distracted drivers.

Officers from Marietta and Cobb Police and the Georgia State Patrol worked in 40 marked vehicles, and the “goal was to re-educate drivers about the importance of safe driving, specifically seat belt use” as well as the Georgia hands free law (the do’s and don’ts are here) that went into effect a year ago.

Here’s more from Officer Chuck McPhilamy, the Marietta PD’s public information officer, and sent out on social media this afternoon, including information on how the court process works if you get a citation:

1. Driving is a PRIVILEGE not a RIGHT. When we sign for our driver’s license we agree to abide by the rules and regulations of the road as established by our elected government officials.

2. The tickets for distracted driving, according to the law, can ALL be waived the first time if you appear in court and show evidence that you have a blue tooth device in your vehicle now, after that the first fine is $50 and (1) point, then it climbs in increments of $50 and one point for each additional violation.

3. The goal is to make the roads safe, these tickets are the government’s way of trying to get people to obey the law.

4. EVERYONE can simply pull over into a parking space and use their phone any way they like. The law only prohibits the use of an electronic device while also operating a vehicle.

5. If we had even more marked vehicles available, even more violators would have been issued citations – this is clearly a law being violated.

Regardless of your stance, know that we all went out this morning with the goal of making your ability to drive in Marietta as safe as possible. 

 

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Georgia hands free law starts Sunday; Cobb Police to issue warnings in July

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What follows is a final rundown of what you can and can’t do with a mobile device in your vehicle, as the Georgia hands free law goes into effect Sunday, July 1.Georgia Hands Free law

We noted earlier that there wasn’t going to be a grace period for enforcement of HB 673, but Cobb Police are saying they’ll be issuing warnings for the first 30 days (unless you cause an accident), with official citations starting on Aug. 1.

Police still want you to start following the law on Sunday, and this is explained in further detail near the bottom. Here’s a link to a PSA video from Cobb and Marietta police. The full law can be found at gahighwaysafety.org:

  • A driver cannot have a phone in their hand or use any part of their body to support their phone. Drivers can only use their phones to make or receive phone calls by using speakerphone, earpiece, wireless headphone, phone is connected to vehicle or an electronic watch. GPS navigation devices are allowed;
  • Headsets and earpieces can only be worn for communication purposes and not for listening to music or other entertainment;
  • A driver may not send or read any text-based communication unless using voice-based communication that automatically converts message to a written text or is being used for navigation or GPS;
  • A driver may not write, send or read any text messages, e-mails, social media or internet data content;
  • A driver may not watch a video unless it is for navigation;
  • A driver may not record a video (continuously running dash cams are exempt);
  • Music streaming apps can be used provided the driver activates and programs them when they are parked. Drivers cannot touch their phones to do anything to their music apps when they are on the road. Music streaming apps that include video also are not allowed since drivers cannot watch videos when on the road. Drivers can listen to and program music streaming apps that are connected to and controlled through their vehicle’s radio.

Exceptions to the law are as follows:

  1. Reporting a traffic crash, medical emergency, fire, criminal activity or hazardous road conditions;
  2. An employee or contractor of a utility service provider acting within the scope of their employment while responding to a utility emergency;
  3. A first responder (law enforcement, fire, EMS) during the performance of their official duties;
  4. When in a lawfully parked vehicle—this DOES NOT include vehicles stopped for traffic signals and stop signs on the public roadway.

Commercial motor vehicle operators

  1. Commercial Motor Vehicle Operators can only use one button to begin or end a phone call;
  2. Cannot reach for a wireless telecommunications device or stand-alone electronic device that it no longer requires the driver to be a seated position or properly restrained by a safety belt.

School bus drivers

  1. The driver of a school bus cannot use a wireless telecommunication device or two-way radio while loading or unloading passengers;
  2. The driver can only use a wireless telecommunication device while the bus is in motion as a two-way radio to allow live communications between the driver and school and public safety officials.

Cobb police enforcement
Again, the law goes into effect July 1st, but in an effort to educate the public, the Cobb County Police Department will be providing verbal or written warning citations for the first 30 days. However, if the violation involves a traffic crash, a citation may be issued.

Effective August 1st, 2018, officers may begin writing real citations. Each jurisdiction may have their own policy for when they begin enforcement, so I would suggest that you begin adhering to the law on July 1st.

What would the fines/penalties be?

  • First conviction: $50, one point on a license;
  • Second conviction: $100, two points on a license;
  • Third and subsequent convictions: $150, three points on a license.

On Friday Cobb Police issued this PSA reminder that’s about a minute long:

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The do’s and don’t of the new Georgia hands free driving law

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Via Heads Up Georgia, details about what you will and will not be able to do with an electronic device in your car, starting July 1. The law was sponsored by Northeast Cobb Republican John Carson, who recently clarified that there won’t be a grace period to begin enforcement.Georgia Governor's Office of Highway Safety, Georgia hands free driving law

From the Georgia Governor’s Office of Highway Safety (which has a countdown to the enactment of the new law), here are the penalties for violations and where you can read the entire law.

More below from Cobb Police:

Distracted driving was found to be the leading cause of accidents. Recently House Bill 673 (Hands Free/Distracted Driver Law) was passed and will take effect July 1st to help with this issue.

The new law states that you cannot support any wireless device with any part of your body. This means that you:

  1. CANNOT hold it in your hand
  2. CANNOT lay it in your lap
  3. CANNOT hold it against your ear with your shoulder

Additionally, the law addresses further uses of the phone while driving:

  1. You CANNOT watch or record a video
  2. You CANNOT type, send, or read any text based communication

You MAY use your phone if legally parked. This does not include stopped at a light or stop sign, only legally parked in areas such as parking lots or driveways.

You MAY use your phone as GPS but you MUST set it up before you begin driving and are legally parked. If you need to change your route, you must be legally parked.

Important things to remember:

  1. Citizens may handle an electronic device while driving if they are: Reporting a traffic accident, medical emergency, fire, crime, delinquent act, or hazardous road condition.
  2. Law enforcement officers are exempt from the law as long as they are performing their official duties.

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State Rep. John Carson: No grace period for enforcing new Georgia hands free law

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State Rep. John Carson, a Republican from Northeast Cobb who was the primary sponsor of Georgia’s new hands free law that takes effect July 1, sent this message out today:State Rep. John Carson, Georgia hands-free law

ATLANTA – State Representative John Carson (R-Marietta) today clarified that Georgia drivers may utilize music streaming applications and that there will not be a set enforcement grace period after House Bill 673, the Hands-Free Georgia Act, takes effect on July 1, 2018. Rep. Carson sponsored HB 673 during the 2018 legislative session of the Georgia General Assembly, and Governor Nathan Deal recently signed this measure into law to create a hands-free driving law in Georgia. 

“According to recent data, we believe the public awareness of this new law is already saving lives,” said Rep. Carson. “We encourage all Georgians to implement the best practices stated in the Hands-Free Georgia Act prior to July 1, 2018, for the safety of all commuters on Georgia’s roadways.”

According to a recent press release from the Governor’s Office of Highway Safety, drivers can listen to music streaming apps on their phone while driving under the new law, but they cannot activate their apps or change music through their phone while driving. Music streaming apps that are programmed and controlled through the vehicle’s radio system are allowed. However, music streaming apps that have video are not allowed since the law specifically prohibits drivers from watching videos.

Additionally, the Governor’s Office of Highway Safety, the Georgia Department of Public Safety and local law enforcement officers recently reminded Georgia drivers that the law does not contain a 90-day grace period for enforcement. Many officers will be issuing warnings for violations in the first months of the law as part of the education effort, but citations can and will be issued starting July 1 where law enforcement officers believe they are warranted, especially those violations that involve traffic crashes.

This new hands-free driving law will prohibit drivers from holding or supporting a wireless telecommunication device or a stand-alone electronic device while operating a vehicle. Additionally, this measure will maintain the ban on texting, emailing and internet browsing while driving, but will also prohibit watching or recording videos while driving. GPS navigation and voice-to-text features will still be permitted.

For more information on HB 673, please click here.

 

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