HB125.html

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 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.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking 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, and inserting in lieu thereof the following:
"(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
Engaged in actions which distract the driver and result in an accident with physical injury or property damage	2 points
All other moving traffic violations which are not speed limit violations	3 points"

Said title is further 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 that the proper use of a radio, citizens band radio, or mobile telephone shall not be a violation of this Code section~~ and contribute to an accident resulting in physical injury or property damage. Any person who violates this Code section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $50.00."

Said title 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) 'Hand_held mobile communication device' means the device used by subscribers and other users of wireless telephone service to access such service.
(2) 'Hands_free mobile telephone' shall mean a hand_held mobile communication device that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such hand_held mobile communication device, 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 device.
(b)(1) No person shall operate a motor vehicle upon a highway while using a hand_held mobile communication device, 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 hand_held mobile communication device 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 hand_held mobile communication device 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."