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
10 HB 23/AP
House
Bill 23 (AS PASSED HOUSE AND SENATE)
By:
Representatives Ramsey of the
72nd,
Rice of the
51st,
Lindsey of the
54th,
Williams of the
178th,
Levitas of the
82nd,
and others
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 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 provide for
related matters; to provide for an effective date and applicability; 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 1
point
All
other moving traffic violations which are not speed limit
- 3
points"
SECTION
2.
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
3.
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 $150.00. 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. 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.
(e)
Each violation of this Code section shall constitute a separate
offense."
SECTION
4.
This
Act shall become effective on July 1, 2010, and shall apply to offenses
committed on or after such date.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.