Georgia's Hands-Free Law (O.C.G.A. 40-6-241.2), which took effect on July 1, 2018, fundamentally changed the rules about using electronic devices while driving. The law goes well beyond simply banning texting -- it restricts virtually all physical interaction with your phone while behind the wheel. Understanding this law is important not only for avoiding traffic citations but also because violations can serve as powerful evidence of negligence in car accident cases.
What the Law Prohibits
Under Georgia's Hands-Free Law, drivers are prohibited from holding or supporting a phone or electronic device with any part of their body while operating a motor vehicle. This means you cannot hold your phone to your ear for a call, hold your phone to text, browse the internet, or use social media. You cannot watch or record video while driving. You cannot reach for a device if it requires you to leave your seated driving position. The law applies whenever the vehicle is in motion or stopped in the travel lane of a road -- including at red lights and stop signs. Many drivers mistakenly believe that using their phone at a red light is legal. It is not. You must be lawfully parked (completely off the roadway) to use a handheld device.
What the Law Allows
The Hands-Free Law does not ban all phone use while driving. You are permitted to use your phone in a hands-free mode -- meaning through a Bluetooth connection, speakerphone, earpiece, or built-in vehicle system -- as long as you do not physically hold the device. You can use voice commands or voice-to-text features to make calls, send messages, or enter navigation destinations. You can briefly touch your phone to activate, deactivate, or initiate a hands-free feature. GPS and navigation apps are permitted as long as the device is mounted on the dashboard, windshield, or center console and you are not manually inputting data while driving. Emergency calls to 911 are always permitted, even while holding the device.
Penalties for Violations
The penalties for violating Georgia's Hands-Free Law escalate with each offense. A first conviction carries a fine of up to $50 and one point on your driving record. A second conviction carries a fine of up to $100 and two points. A third or subsequent conviction carries a fine of up to $150 and three points on your license. While these fines may seem modest, the points on your license can affect your insurance rates. Accumulating 15 points within a 24-month period results in license suspension. For commercial driver's license holders, the consequences are even more severe -- a hands-free violation can result in being placed out of service.
How the Hands-Free Law Affects Accident Claims
From a personal injury perspective, the Hands-Free Law is significant because a violation can serve as strong evidence of negligence. Under Georgia law, the doctrine of “negligence per se” means that violating a safety statute like the Hands-Free Law can automatically establish that the driver was negligent. If the other driver was holding their phone at the time of your accident, that fact alone can establish their fault. Phone records, cell tower data, and app usage logs can all be subpoenaed to prove the other driver was using their phone at the time of the crash. In cases we have handled, evidence of distracted driving has been instrumental in securing significant settlements and verdicts for our clients.
Special Rules for Young Drivers
Georgia imposes even stricter rules on drivers under 18 who hold a Class D license (learner's permit or provisional license). These young drivers are prohibited from using any wireless telecommunications device while driving -- even in hands-free mode -- during the first 12 months of having their license. This includes making or receiving phone calls, even through Bluetooth. The only exception is calling 911 in an emergency. A violation by a young driver is treated as a moving violation and can affect their ability to retain their provisional license.
Protecting Your Rights After a Distracted Driving Accident
If you were injured by a driver who was violating Georgia's Hands-Free Law, you may have a strong personal injury claim. The key is preserving evidence quickly -- phone records and surveillance footage can be lost if not requested promptly. At Overbird Law, we know how to investigate car accidents, obtain phone records through legal discovery, and build compelling cases against distracted drivers. Contact us today for a free consultation about your accident case.