If your driver’s ed course wasn’t too far in the past, you might remember learning to keep your hands on the steering wheel at ten o’clock and two o’clock or maybe at nine o’clock and three. Regardless of the exact clock positions you learned, the key lesson was always to keep both hands on the wheel while driving.
It’s still good advice today. In the Peach State, a police officer can pull you over and give you a costly ticket if you have one or both hands occupied with a phone or are watching a video while driving. And one or more of those tickets could, in turn, raise your auto insurance rates — or even cancel your coverage.
That’s why it pays to know about and respect the Georgia hands-free law, also sometimes known as the Georgia cell phone law or the distracted driving law of Georgia.
What Is Georgia’s Hands-Free Law?
Distracted drivers cause accidents, and as of 2022, distracted driving was involved in approximately 53% of all car accidents in Georgia. Few things in modern life are more distracting than a cell phone or electronic communication devices. That’s the core reason behind the Hands-Free Georgia Act, also known as the Georgia Hands-Free Act (HB 673), which took effect on July 1, 2018, after being signed into law by Governor Nathan Deal.
According to Georgia’s hands free law, the legal description appears in Georgia Code Title 40 6, specifically the section that bars drivers from holding or supporting any wireless telecommunications device or stand alone electronic device with any part of their body while operating a motor vehicle. This prohibition includes texting, chatting, or browsing the web, even when stopped at a red light or in traffic.
There are limited exceptions for reporting emergencies such as traffic accidents, medical emergencies, fires, hazardous road conditions that pose an immediate safety risk, a potential criminal matter, or a delinquent act. Certain professionals, including a firefighter and public safety officials, are exempt while performing official duties.
The law aims to reduce crash risk caused by distracted driving. Since its implementation, distraction-related traffic deaths have declined from 5.3% in 2017 to 3.1% by 2021, reflecting a response to increases in distraction-related harm and a positive impact on road safety and safer operation of motor vehicles across Georgia.
For more info on Georgias auto laws check out: What You Should Know About Georgia’s Auto Laws
Georgia Hands-Free Law Rules: What Drivers Can and Cannot Do
The Georgia hands-free law means you can’t manually use your cellular telephone, portable telephone, or other handheld electronic devices to talk, send texts, surf the web, or perform any other functions while driving, and you also cannot hold or support a phone, other device, or such device while operating a vehicle.
However, you can make hands-free phone calls through Bluetooth, speakerphone, voice-based communication technology, or by using an earpiece or headphone device. Watching a video or a movie while driving is prohibited, but it is legal to glance quickly at a global positioning system receiver mounted on your dashboard, provided you do not touch it.
Drivers may also use in-vehicle systems for navigation or remote diagnostics, including a remote diagnostics system, when used as intended. This also means no reading or sending an instant message or an email, using an app for other internet data, or recording video data files while driving. Drivers may only use these devices when legally parked.
Drivers should program music streaming apps before starting to drive to comply with the law, and any app should be set before driving and only used manually when legally parked.
Allowed actions include:
- Using Bluetooth or vehicle infotainment systems for voice communication
- Voice-to-text messaging that automatically converts audio to text
- Single tap to answer or place a call using a hands free device
- Using GPS navigation devices mounted on the dashboard or windshield for global positioning system purposes
- Listening to music or podcasts through the vehicle audio system, including music stored on your cellphone, as long as there is no video
Not allowed:
- Holding or supporting a phone or handheld device while driving
- Texting or typing messages manually on a text messaging device
- Watching videos or streaming content on a wireless telecommunications device or stand-alone computer
- Recording or broadcasting video on a wireless device or other electronic devices, except for continuously recording dash cams or a remote diagnostics system
- Supporting the phone with your shoulder, ear, or any part of your body
Commercial motor vehicle drivers may only use one button to initiate or terminate radio communication or calls and must remain in a seated driving position properly restrained by a safety belt; vehicles stopped in traffic, at stop signs, or at signals are not legally parked.
School bus drivers may not use a wireless telecommunications device or ham radio device while loading or unloading passengers, though amateur or ham radio is otherwise excluded where applicable.
Keep your eyes on the road, your hands on the wheel, and focus on distraction free driving so no road condition diverts the driver from the safe operation of the vehicle for the safety of yourself and others.
Penalties for Violating Georgia’s Hands-Free Law
A first conviction for hand-held cellphone use carries penalties that increase with repeat offenses to discourage distracted driving: up to $50 for the first, $100 for the second, and $150 for the third. Each citation is a separate offense. You’ll also be assessed 1 point on your driver’s license for the first conviction.
A second or subsequent conviction within 24 months will cost more and add more points. A third conviction within that same time window brings the highest fine and three points. Keep in mind that 15 total points over a 24-month period will get your license suspended.
A person charged with such offense may ask counsel whether a nolo contendere plea is available, but its effect can depend on another provision of law, including whether it preserves any privilege for a limited term or avoids an added surcharge.
It’s not all bad news. Citations were enforceable beginning July 1, 2018, with no grace period. First-time violators may avoid penalties on the first offense if they prove to the court that they purchased compliant hands-free technology for their car, such as a Bluetooth car kit. Still, local law enforcement may issue citations, and any dismissal option is limited by the governing section and such paragraph.
See: Do Points on Your License Affect Your Auto Insurance in Georgia? For more information on how points affect your insurance.
How GA’s Distracted Driving Law Affects Car Insurance Rates
Your auto insurance company can raise your rates if you have multiple violations of the Georgia cell phone law. A violation can also affect liability in a civil claim after an accident or crash, because your conduct behind the wheel may be used against you. Like a driver who gets too many speeding tickets, you’re considered a higher risk for at-fault accidents if you’ve been branded a distracted driver.
Some insurance companies might even cancel your policy if they determine that you’ve become a high-risk policyholder due to too many Georgia hands-free law violations.
If that happens, or if your coverage rates skyrocket, your best bet is to contact an independent insurance agent. Instead of working for a single insurance provider, independent agents have contractual relationships with several insurers. If you lose coverage with one company, your independent agent can reach out to several insurers who will take your business and help you choose the most affordable option.
Tips to Stay Compliant with Georgia’s Hands-Free Law
Stay off your phone while driving! If the temptation is too great, turn the phone off completely. Here are additional tips to help you comply with Georgia’s hands-free law and stay safe on the road:
- Install Bluetooth technology or a hands-free device worn in your vehicle to place and receive calls or send voice texts. Many online retailers sell adapters, a mount, bracket, or other device for vehicles without built-in Bluetooth so you can comply without holding the phone. Law enforcement and safety experts agree these tools reduce distraction-related crashes, though they do not eliminate all risks.
- Inform friends and family you’ll be driving and unable to respond immediately. They can send texts, voicemail, or emails, but should not expect instant replies or try to visit you by phone during the drive.
- If expecting an important call, safely pull over or get off the road, legally park the vehicle, turn off your engine, and only then handle the phone to return the call.
- Use voice-based communication features that automatically convert speech to text, which complies with Georgia’s hands free driving laws.
- Avoid holding or supporting any wireless telecommunications device or personal digital assistant while driving to stay within the law, since the rule is designed to keep distraction from pulling the driver from the safe operation of the vehicle.
Following these tips not only helps you avoid fines and points on your license but also contributes to safer driving for everyone on Georgia’s roads.
