Bill Text: GA SB360 | 2009-2010 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Motor Vehicles; prohibit persons 18 years of age or younger from using wireless telecommunications devices; text messages
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2010-07-01 - Effective Date [SB360 Detail]
Download: Georgia-2009-SB360-Comm_Sub.html
Bill Title: Motor Vehicles; prohibit persons 18 years of age or younger from using wireless telecommunications devices; text messages
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2010-07-01 - Effective Date [SB360 Detail]
Download: Georgia-2009-SB360-Comm_Sub.html
10 LC 35
1937S
COMMITTEE
OF CONFERENCE SUBSTITUTE TO SB 360
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
establish the "Caleb Sorohan Act for Saving Lives by Preventing Texting While
Driving"; 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
the 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 writing, sending, or reading a text
based communication by certain persons while operating a motor vehicle; to
provide penalties for violations; to exempt headsets used for communication
purposes; 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:
WHEREAS,
the General Assembly finds that there has been a proliferation of cellular
telephone use and that virtually every driver in Georgia now possesses such a
device; and
WHEREAS,
distractions caused by such devices, particularly the act of sending or reading
text based messages has resulted in numerous traffic accidents, injuries, and
deaths throughout our state and nation; and
WHEREAS,
young drivers are particularly susceptible to such distractions due to their
inexperience and increased willingness to take risks while driving;
and
WHEREAS,
it is the responsibility of this body to take action to protect drivers from
those who abuse their driving privilege by recklessly text messaging while
driving.
SECTION
1.
This
Act shall be known and may be cited as the "Caleb Sorohan Act for Saving Lives
by Preventing Texting While Driving."
SECTION
2.
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
Operating
a vehicle while text messaging 1 point
All
other moving traffic violations which are not speed limit
- 3
points"
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 '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 devices, and remote diagnostics
systems, or amateur or ham radio devices.
(b)
No person who is 18 years of age or older or who has a Class C license shall
operate a motor vehicle on any public road or highway of this state while using
a wireless telecommunications device to write, send, or read any text based
communication, including but not limited to a text message, instant message,
e-mail, or Internet data.
(c)
The provisions of this Code section shall not apply to:
(1)
A person reporting a traffic accident, medical emergency, fire, serious road
hazard, or a situation in which the person reasonably believes a person's health
or safety is in immediate jeopardy;
(2)
A person reporting the perpetration or potential perpetration of a
crime;
(3)
A public utility employee or contractor acting within the scope of his or her
employment when responding to a public utility emergency;
(4)
A law enforcement officer, firefighter, emergency medical services personnel,
ambulance driver, or other similarly employed public safety first responder
during the performance of his or her official duties; or
(5)
A person engaging in wireless communication while in a motor vehicle which is
lawfully parked.
(d)
Any conviction for a violation of the provisions of this Code section shall be a
misdemeanor 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 to the Department of Driver Services. Any violation of this Code
section shall constitute a separate
offense."
SECTION
5.
Said
title is further amended by revising Code Section 40-6-250, relating to wearing
a device which impairs hearing or vision while operating a motor vehicle, as
follows:
"40-6-250.
No
person shall operate a motor vehicle while wearing a headset or headphone which
would impair such person's ability to hear, nor shall any person while operating
a motor vehicle wear any device which impairs such person's vision; provided,
however, that a person may wear a headset or headphone for communication
purposes
only while
operating a motorcycle. This Code section shall not apply to hearing aids or
instruments for the improvement of defective human hearing, eyeglasses, or
sunglasses. This Code section shall not apply to any law enforcement officer or
firefighter equipped with any communications device necessary in the performance
of such person's
duties."
SECTION
6.
This
Act shall become effective on July 1, 2010, and 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.