What Is Georgia’s Hands-Free Law?

Georgia’s hands-free law places restrictions on using a cell phone behind the wheel. The law imposes consequences such as fines and driver’s license points on those who violate these restrictions.

If you’ve been involved in an accident with a distracted driver in Georgia, understanding the hands-free law can help you develop the evidence you need to demonstrate that the driver is liable for your crash-related losses. Working with an experienced Georgia car accident attorney can help you maximize your compensation and build a strong case for the justice you deserve.

What Does the Hands-Free Georgia Act Cover?

The Hands-Free Georgia Act prohibits drivers from engaging in several dangerous behaviors while operating a motor vehicle on any highway in the state. These include:

• Physically holding a phone or electronic device with any part of the body
• Writing or reading any text-based communication, including text messages, instant messages, emails, or Internet data
• Watching videos or movies, except for navigation data
• Recording or broadcasting video, except for continuously running dashcams
• Touching a phone to turn on or program music streaming apps

The law does allow drivers to use their phones to make or receive calls using a speakerphone, earpiece, headphone device, or smartphone watch. Drivers can also use voice-based communication that automatically converts messages into written texts. GPS navigation devices are permitted. If you’ve been in an accident involving a device, contact our Savannah car accident lawyer today for a free consultation.

Are There Any Exceptions to the Hands-Free Law?

There are a few exceptions to the Hands-Free Georgia Act. The law does not apply to:

• Anyone reporting a crash, medical emergency, fire, crime, or hazardous road conditions
• Utility service provider employees or contractors doing their job while responding to a utility emergency
• Law enforcement officers, firefighters, EMS personnel, ambulance drivers, or other public safety officers and first responders performing their official duties
• Drivers in lawfully parked vehicles

The hands-free law also does not apply to the following electronic communication devices, which drivers can use while on the road:

• Radios
• Citizens band radios or citizens band radio hybrids
• Commercial two-way radio communication devices
• Subscription-based emergency communication devices
• Prescribed medical devices
• Amateur or ham radio devices
• In-vehicle security, navigation, or remote diagnostics systems

How Does the Georgia Hands-Free Law Apply to Truckers and Other Commercial Drivers?

The Hands-Free Georgia Act applies to commercial motor vehicle operators as well. However, these drivers are subject to some additional restrictions, including:

• Commercial motor vehicle operators may use only one button to start or end a phone call.
• They cannot reach for a device if it requires them to leave a seated position or proper restraint by a seatbelt.

School bus drivers are also subject to the following specific restrictions under the law:

• School bus drivers cannot use a wireless telecommunication device or two-way radio while loading or unloading passengers.
• They can only use a device while the bus is in motion if it is being used as a two-way radio to allow live communications between the driver and school or public safety officials.

What Are the Penalties for Breaking the Georgia Hands-Free Laws?

Violating the Hands-Free Georgia Act can result in fines and points on your driver’s license. The penalties for each conviction within a 24-month period are as follows:

• Initial Conviction – $50 fine and one point on your license
• Second Conviction – $100 fine and two points on your license
• Third and Subsequent Convictions – $150 fine and three points on your license

Fines may increase based on local ordinances. Accumulating 15 or more points on your license within 24 months can lead to license suspension.

For first-time offenders, the law allows for the fine to be waived if the driver presents a device or proof of purchase of a device that would permit them to comply with the hands-free law in the future.

What Makes Talking and Texting While Driving So Dangerous?

Talking and texting while driving are dangerous activities because they distract drivers in three key ways:

• Visual distractions take drivers’ eyes off the road
• Manual distractions remove their hands from the wheel
• Cognitive distractions allow their mind to wander away from the task of driving

Any of these distractions significantly reduces a driver’s reaction time, increasing the likelihood of an accident. Some alarming statistics highlight the dangers of distracted driving:

• Sending or reading a text message takes your eyes off the road for an average of five seconds. At 55 mph, this is the equivalent of driving the length of a football field with your eyes closed.
• In a recent year, distracted driving claimed nearly 3,500 lives in the United States.
• 8 percent of fatal crashes nationwide involved distracted drivers.

The cognitive distraction of a phone conversation, even when using hands-free devices, can lead to “inattentional blindness.” This phenomenon occurs when drivers fail to process and respond to road conditions and events because they are engaged in a cell phone conversation.

Given these significant dangers, it is crucial for drivers to understand and adhere to the Hands-Free Georgia Act to help keep themselves and others safe on the road.

Contact a Georgia Car Accident Lawyer

Being involved in a collision with a driver who was distracted by their cell phone can leave you overwhelmed with pain, overburdened with financial turmoil, and desperate for justice. At Spiva Law Group, our experienced car accident lawyers understand the challenges you are facing, and we are ready to put our skills and knowledge to work for you.

We have been serving injury victims in Georgia for more than 30 years. Our dedicated legal team has secured over $500 million on behalf of injured Georgians, including $3 million against a speeding driver on a cell phone. Our clients say our “customer service, dedication, consistency, skill and knowledge goes unmeasured.” Call us today or contact us online for a free case review with a car accident attorney in Savannah, Georgia.