HB1589.html

To amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of uniform rules of the road, so as to change certain provisions relating to drivers´ exercise of due care and proper use of radios and mobile telephones; to prohibit certain use of mobile telephones; to provide for enforcement; to provide penalties for violations; to provide an effective date; to repeal conflicting laws; and for other purposes.

Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of uniform rules of the road, is amended by striking Code Section 40_6_241, relating to drivers´ exercise of due care and proper use of radios and mobile telephones, and inserting in lieu thereof the following:
"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~~; provided, however, that the proper use of a radio, or citizens band radio~~, or mobile telephone~~ shall not be a violation of this Code section; and provided, further, that use of a mobile telephone shall be subject to the provisions of Code Section 40_6_241.1."

Said article is further amended by inserting a new Code section to read as follows:
"40_6_241.1.
(a) As used in this Code section, the term:
(1) 'Hands_free mobile telephone' shall mean a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate, or initiate a function of such telephone.
(2) 'Mobile telephone' means the device used by subscribers and other users of wireless telephone service to access such service.
(b)(1) No person shall operate a motor vehicle upon a highway while using a mobile telephone, other than a hands_free mobile telephone, to engage in a call while such motor vehicle is in motion.
(2) The trier of fact may, in its discretion, infer that an operator of a motor vehicle who held a mobile telephone to, or in the immediate proximity of, his or her ear while such motor vehicle was in motion was engaged in a call within the meaning of this subsection. Such inference may be rebutted by evidence tending to show that the operator was not engaged in a call.
(c) Subsection (b) of this Code section shall not apply to:
(1) The use of a mobile telephone for the sole purpose of communicating with any of the following regarding an emergency situation: an emergency response operator; a hospital, physician´s office, or health clinic; an ambulance company or corps; a fire department; or a police department; or
(2) Any of the following persons while in the performance of their official duties: a law enforcement officer; a member of a fire department; or the operator of an emergency vehicle designated as such under Code Section 40_8_92.
(d)(1) A violation of subsection (b) of this Code section shall be a misdemeanor punishable by a fine of not more than $100.00.
(2) No person shall be charged with a violation of subsection (b) of this Code section alone but may be charged with such a violation in addition to any other traffic offense."