Georgia's new texting law.  

Georgia's new texting law.  This is a new law, and there are very few appellate cases interpreting the law.  The text of the law along with a link to Georgia Governor's Office of Highway Safety interpretation of the law is posted below for review.  However, the law is not well-written. The new texting and driving law lists behaviors that are prohibited, then provides exceptions to those exclusions.  Instead of merely listing the law and the complicated exceptions, I have attempted to describe the behaviors that you are allowed to do while driving.  In other words, I will answer the question: "What am I allowed to do with my cellphone while driving?" And, "Am I allowed to text and drive in Georgia?"

It appears that Georgia drivers are allowed to use their cell phones (while driving) to:

• Call or text the authorities in an emergency;
• Send or read a text based message (includes any wireless communication, email, internet browsing, texts, etc.) as long as you are using Voice to Text application;
• Use GPS devices; 
• Make a phone call (as long as the driver is not holding or physically supporting the phone with any part of his/her body--some prosecutors say the phone may not be in the driver's pocket);
• Record or broadcast a video as long as the device is being used for the sole purpose of continuously broadcasting or recording the inside or outside of the vehicle.  In other words, the law allows you to record, but you cannot manipulate the phone at all during the drive;
• Earbuds and earpieces are allowed to be used while driving; and  
• Any use of the cell phone is allowed provided that the person behind the wheel is lawfully parked.

 Georgia Drivers may NOT:

• Physically hold or support the phone or device with any part of his or her body.  However, devices such as earpieces and earbuds may be supported by the driver's body.
• Watch any transmission, movie, or animation on a device (except GPS); 
• Record or broadcast video unless the device is used for the sole purpose of continuously broadcasting or recording (inside or outside the vehicle);
• Send or receive any text-based communication (text messages, emails, internet browsing, etc.).

Click the following link to see Georgia Governor's Office of Highway Safety's interpretation of the new Texting while Driving Law:  https://www.gahighwaysafety.org/highway-safety/hands-free-law/

The full Text of O.C.G.A. § 40-6-241-The Georgia Distracted Driving Statute is below:

• 40-6-241. Distracted driving; restrictions on operation of wireless telecommunication devices and stand-alone electronic devices; penalty; exceptions

(a) As used in this Code section, the term:

(1) "Stand-alone electronic device" means a device other than a wireless telecommunications device which stores audio or video data files to be retrieved on demand by a user.

(2) "Utility services" means and includes electric, natural gas, water, waste-water, cable, telephone, or telecommunications services or the repair, location, relocation, improvement, or maintenance of utility poles, transmission structures, pipes, wires, fibers, cables, easements, rights of way, or associated infrastructure.

(3) "Wireless telecommunications device" means a cellular telephone, a portable telephone, a text-messaging device, a personal digital assistant, a stand-alone computer, a global positioning system receiver, or substantially similar portable wireless device that is used to initiate or receive communication, information, or data. Such term shall not include a radio, citizens band radio, citizens band radio hybrid, commercial two-way radio communication device or its functional equivalent, subscription based emergency communication device, prescribed medical device, amateur or ham radio device, or in-vehicle security, navigation, or remote diagnostics system.

(b) 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.

(c) While operating a motor vehicle on any highway of this state, no individual shall:

(1) Physically hold or support, with any part of his or her body a:

(A) Wireless telecommunications device, provided that such exclusion shall not prohibit the use of an earpiece, headphone device, or device worn on a wrist to conduct a voice based communication; or

(B) Stand-alone electronic device;

(2) Write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, or Internet data on a wireless telecommunications device or stand-alone electronic device; provided, however, that such prohibition shall not apply to:

(A) A voice based communication which is automatically converted by such device to be sent as a message in a written form; or

(B) The use of such device for navigation of such vehicle or for global positioning system purposes;

(3) Watch a video or movie on a wireless telecommunications device or stand-alone electronic device other than watching data related to the navigation of such vehicle; or

(4) Record or broadcast a video on a wireless telecommunications device or stand-alone electronic device; provided that such prohibition shall not apply to electronic devices used for the sole purpose of continuously recording or broadcasting video within or outside of the motor vehicle.

(d) While operating a commercial motor vehicle on any highway of this state, no individual shall:

(1) Use more than a single button on a wireless telecommunications device to initiate or terminate a voice communication; or

(2) Reach for a wireless telecommunications device or stand-alone electronic device in such a manner that requires the driver to no longer be:

(A) In a seated driving position; or

(B) Properly restrained by a safety belt.

(e) Each violation of this Code section shall constitute a separate offense.

(f) (1) Except as provided for in paragraph (2) of this subsection, any person convicted of violating this Code section shall be guilty of a misdemeanor which shall be punished as follows:

(A) For a first conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous 24 month period of time, as measured from the dates any previous convictions were obtained or pleas of nolo contendere were accepted to the date the current conviction is obtained or plea of nolo contendere is accepted, a fine of not more than $50.00, but 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;

(B) For a second conviction within a 24 month period of time, as measured from the dates any previous convictions were obtained or pleas of nolo contendere were accepted to the date the current conviction is obtained or plea of nolo contendere is accepted, a fine of not more than $100.00, but 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; or

(C) For a third or subsequent conviction within a 24 month period of time, as measured from the dates any previous convictions were obtained or pleas of nolo contendere were accepted to the date the current conviction is obtained or plea of nolo contendere is accepted, a fine of not more than $150.00, but 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.

(2) Any person appearing before a court for a first charge of violating paragraph (1) of subsection (c) of this Code section who produces in court a device or proof of purchase of such device that would allow such person to comply with such paragraph in the future shall not be guilty of such offense. The court shall require the person to affirm that they have not previously utilized the privilege under this paragraph.

(g) Subsections (c) and (d) of this Code section shall not apply when the prohibited conduct occurred:

(1) While reporting a traffic accident, medical emergency, fire, an actual or potential criminal or delinquent act, or road condition which causes an immediate and serious traffic or safety hazard;

(2) By an employee or contractor of a utility services provider acting within the scope of his or her employment while responding to a utility emergency;

(3) By 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

(4) While in a motor vehicle which is lawfully parked.

Code 40-6-241 Distracted driving; restrictions on operation of wireless telecommunication devices and stand-alone electronic devices; penalty; exceptions (Georgia Code (2018 Edition))