09 LC 35
1494S
The
Senate Public Safety Committee offered the following substitute to HB
23:
A
BILL TO BE ENTITLED
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 wireless telecommunications devices by persons
under 18 years of age with an instruction permit or Class D license while
operating a motor vehicle; to provide penalties for violations; to modify
certain conditions when fleeing or attempting to elude a police officer shall be
treated as a felony offense; 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 wireless telecommunications device requirements 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 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 the driver's license
is not submitted to the court at the time of conviction, 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 or until the offender turns 18 years of age, whichever is
shorter.
(2)
A second or subsequent suspension of a driver's license under this Code section
shall be for a period of six months or until the offender turns 18 years of age,
whichever is shorter.
(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, except
as prohibited by Code Section 40-6-241.1,
the proper use of a radio, citizens band radio,
or
mobile
telephone, or
amateur or ham radio 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 wireless communication' means talking, writing, sending, or reading
a text-based communication, 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 used to initiate or
receive a wireless communication with another person. It does not include
citizens band radios, citizens band radio hybrids, commercial two-way radio
communication devices, subscription-based emergency communications, in-vehicle
security, navigation, and remote diagnostics systems, or amateur or ham radio
devices.
(b)
Except in a driver emergency and as provided in subsection (c) of this Code
section, no person who has an instruction permit or a Class D license and is
under 18 years of age shall operate a motor vehicle on any public road or
highway of this state while engaging in a wireless communication using a
wireless telecommunications device.
(c)
The provisions of this Code section shall not apply to a person who has an
instruction permit or a Class D license and is under 18 years of age who engages
in a wireless communication using 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 wireless communication while the motor vehicle is lawfully
parked.
(d)(1)
Any conviction for a violation of the provisions of this Code section shall be
punishable by a fine of not less than $50.00 nor more than $100.00. The
provisions of Chapter 11 of Title 17 and any other provision of law to the
contrary notwithstanding, the costs of such prosecution shall not be taxed nor
shall any additional penalty, fee, or surcharge to a fine for such offense be
assessed against a person for conviction thereof. The court imposing such fine
shall forward a record of the disposition of the case of unlawfully operating a
motor vehicle while using a wireless telecommunications device to the Department
of Driver Services.
(2)
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 fine imposed in paragraph (1) 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 whether
such operator was engaging in a wireless communication at the time of the
accident."
SECTION
5.
Said
title is further amended in Code Section 40-6-395 of the Official Code of
Georgia Annotated, relating to fleeing or attempting to elude a police officer
and impersonating a law enforcement officer, by revising subparagraph (b)(5)(A)
as follows:
"(5)(A)
Any person violating the provisions of subsection (a) of this Code section who,
while fleeing or attempting to elude a pursuing police vehicle or police officer
in an attempt to escape arrest for any offense, other than a violation of this
chapter,
not expressly
provided for in this paragraph:
(i)
operates
Operates
his or her vehicle in excess of
30
20
miles an hour above the posted speed
limit,;
(ii)
strikes
Strikes
or collides with another vehicle or a
pedestrian,;
(iii)
flees
Flees
in traffic conditions which place the general public at risk of receiving
serious
injuries,;
(iv)
Commits a violation of paragraph (5) of subsection (a) of Code Section
40-6-391; or
(v)
leaves
Leaves
the state
shall
be guilty of a felony punishable by a fine of $5,000.00 or imprisonment for not
less than one year nor more than five years or both."
SECTION
6.
This
Act shall become effective on July 1, 2009, and Section 5 of this Act shall
apply to offenses committed on or after such date.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.