Bill Text: GA HB23 | 2009-2010 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Motor vehicles; cell phones; text messaging; prohibit use
Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: (Passed) 2010-07-01 - Effective Date [HB23 Detail]
Download: Georgia-2009-HB23-Introduced.html
Bill Title: Motor vehicles; cell phones; text messaging; prohibit use
Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: (Passed) 2010-07-01 - Effective Date [HB23 Detail]
Download: Georgia-2009-HB23-Introduced.html
09 LC 34
1947
House
Bill 23
By:
Representatives Ramsey of the
72nd,
Rice of the
51st,
Lindsey of the
54th,
Williams of the
178th,
and Levitas of the
82nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 40 of the Official Code of Georgia Annotated, relating to motor
vehicles and traffic, so as to change certain provisions relating to suspension
or revocation of the licenses of habitually negligent or dangerous drivers and
the point system; to change certain provisions relating to drivers' exercise of
due care; to prohibit use of cell phones by persons under 18 years of age while
operating a motor vehicle; to prohibit the practice of text messaging by persons
under 18 years of age while operating a motor vehicle; to provide penalties for
violations; to provide for related matters; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
40 of the Official Code of Georgia Annotated, relating to motor vehicles and
traffic, is amended by revising subparagraph (c)(1)(A) of Code Section 40-5-57,
relating to suspension or revocation of the licenses of habitually negligent or
dangerous drivers and the point system, as follows:
"(c)(1)(A)
Except as provided in subparagraph (C) of this paragraph, the points to be
assessed for each offense shall be as provided in the following
schedule:
Aggressive
driving 6 points
Reckless
driving 4 points
Unlawful
passing of a school bus 6 points
Improper
passing on a hill or a curve 4 points
Exceeding
the speed limit by more than 14 miles per hour but
less
than 19 miles per hour 2 points
Exceeding
the speed limit by 19 miles per hour or more but
less
than 24 miles per hour 3 points
Exceeding
the speed limit by 24 miles per hour or more but
less
than 34 miles per hour 4 points
Exceeding
the speed limit by 34 miles per hour or more 6 points
Disobedience
of any traffic-control device or traffic officer 3 points
Too
fast for conditions 0 points
Possessing
an open container of an alcoholic beverage while driving 2 points
Failure
to adequately secure a load, except fresh farm produce,
resulting
in loss of such load onto the roadway which results in
an
accident 2 points
Violation
of child safety restraint requirements, first offense 1 point
Violation
of child safety restraint requirements, second or
subsequent
offense 2 points
Violation
of usage of cell phone or text messaging requirements,
first
offense 1
point
Violation
of usage of cell phone or text messaging requirements,
second
or subsequent
offense 2
points
All
other moving traffic violations which are not speed limit
- 3
points"
SECTION
2.
Said
title is further amended by inserting a new Code section to read as
follows:
"40-5-57.3.
(a)
The driver's license of any operator of a motor vehicle who is determined to be
at fault for causing an automobile accident while violating Code Section
40-6-241.1 or 40-6-241.2 shall be suspended as provided in this Code section.
The person shall submit the driver's license to the court upon conviction and
the court shall forward the driver's license to the department. If not
convicted in a court, the person shall submit the driver's license to the
department upon receiving proper notice of the suspension pursuant to the
provisions of this chapter.
(b)(1)
A first suspension of a driver's license under this Code section shall be for a
period of 90 days.
(2)
A second or subsequent suspension of a driver's license under this Code section
shall be for a period of six months.
(c)
After the suspension period and when the person pays a restoration fee of $60.00
or, when processed by mail, $50.00, the suspension shall terminate and the
department shall return the person's driver's license to such
person."
SECTION
3.
Said
title is further amended by revising Code Section 40-6-241, relating to drivers'
exercise of due care and proper use of radios and mobile telephones, as
follows:
"40-6-241.
A
driver shall exercise due care in operating a motor vehicle on the highways of
this state and shall not engage in any actions which shall distract such driver
from the safe operation of such vehicle, provided that the proper use of a
radio,
or
citizens band
radio, or
mobile telephone shall not be a violation
of this Code section."
SECTION
4.
Said
title is further amended by inserting a new Code section to read as
follows:
"40-6-241.1.
(a)
As used in the Code section, the term:
(1)
'Engage in a telephone call' means talking or listening on a wireless
telecommunications device.
(2)
'Wireless telecommunications device' means a cellular telephone, a
text-messaging device, a personal digital assistant, a stand alone computer, or
any other substantially similar wireless device that is readily removable from
the vehicle and is used to initiate or receive a telephone call. A 'wireless
telecommunications device' shall not include any device or component that is
permanently affixed to a motor vehicle. It does not include citizens band
radios, citizens band radio hybrids, commercial two-way radio communication
devices, or electronic communication devices with a push-to-talk
function.
(b)
Except in a driver emergency and as provided in subsection (c) of this Code
section, no person under 18 years of age shall operate a motor vehicle on any
public road or highway of this state while using any wireless telecommunications
device to engage in a telephone call.
(c)
The provisions of this Code section shall not apply to a person under 18 years
of age who uses a wireless telecommunications device to do any of the
following:
(1)
Report a traffic accident, medical emergency, or serious road
hazard;
(2)
Report a situation in which the person believes his or her personal safety is in
jeopardy;
(3)
Report or avert the perpetration or potential perpetration of a criminal act
against the driver or another person; or
(4)
Engage in a call while the motor vehicle is lawfully parked.
(d)(1)
The first violation of the provisions of this Code section shall be punishable
by a fine of not more than $175.00.
(2)
Each subsequent violation shall be punishable by a fine of not more than
$500.00.
(3)
If the operator of the moving motor vehicle is involved in an accident at the
time of a violation of this Code section, then the fine shall be equal to double
the amount of the standard fine imposed in paragraphs (1) and (2) of this
subsection and the operator's driver's license shall be suspended pursuant to
the provisions of Code Section 40-5-57.3. The suspension of the driver's
license shall be implemented only upon a finding that the operator of the
motor vehicle was at fault in causing the automobile accident. The law
enforcement officer investigating the accident shall indicate on the written
accident form that such operator was using a wireless telecommunications device
at the time of the accident.
(4)
Any violation of this Code section is a primary offense and shall constitute a
moving violation."
SECTION
5.
Said
title is further amended by inserting a new Code section to read as
follows:
"40-6-241.2.
(a)
As used in the Code section, the term:
(1)
'Wireless telecommunications device' means a cellular telephone, a
text-messaging device, a personal digital assistant, a stand alone computer, or
any other substantially similar wireless device that is readily removable from
the vehicle and is used to write, send, or read text or data through manual
input. A 'wireless telecommunications device' shall not include any device or
component that is permanently affixed to a motor vehicle. It does not include
citizens band radios, citizens band radio hybrids, commercial two-way radio
communication devices, or electronic communication devices with a push-to-talk
function.
(2)
'Write, send, or read a text-based communication' means using a wireless
telecommunications device to manually communicate with any person by using a
text-based communication referred to as a text message, instant message, or
electronic mail.
(b)
Except as provided in subsection (c) of this Code section, no person under the
age of 18 shall operate any motor vehicle upon any public road or highway of
this state while using a wireless telecommunications device to write, send, or
read a text-based communication.
(c)
The provisions of this Code section shall not apply to:
(1)
Any law enforcement officer, firefighter, or operator of an authorized emergency
vehicle while engaged in the actual performance of his or her official
duties;
(2)
Any operator of a moving motor vehicle using a wireless telecommunications
device to:
(A)
Report illegal activity;
(B)
Summon medical or other emergency help;
(C)
Prevent injury to a person or property;
(D)
Relay information between a transit or for-hire operator and that operator's
dispatcher, in which the device is permanently affixed to the vehicle;
or
(E)
Navigate using a global positioning system; or
(3)
A physician or other health care provider using a wireless telecommunications
device to communicate with a hospital, health clinic, or the office of such
physician or provider, or to otherwise provide for the health care of an
individual or medical emergency through a text-based communication.
(d)(1)
The first violation of the provisions of this Code section shall be punishable
by a fine of not more than $175.00.
(2)
Each subsequent violation shall be punishable by a fine of not more than
$500.00.
(3)
If the operator of the moving motor vehicle is involved in an accident at the
time of a violation of this Code section, then the fine shall be equal to double
the amount of the standard fine imposed in paragraphs (1) and (2) of this
subsection and the operator's driver's license shall be suspended pursuant to
the provisions of Code Section 40-5-57.3. The suspension of the driver's
license shall be implemented only upon a finding that the operator of the
motor vehicle was at fault in causing the automobile accident. The law
enforcement officer investigating the accident shall indicate on the written
accident form that such operator was using a wireless telecommunications device
at the time of the accident.
(4)
Any violation of this Code section is a primary offense and shall constitute a
moving violation."
SECTION
6.
This
Act shall become effective on July 1, 2009.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.