09 LC
29 3555
House
Bill 19
By:
Representatives Oliver of the
83rd,
Benfield of the
85th,
Gardner of the
57th,
and Ashe of the
56th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 40 of the Official Code of Georgia Annotated, relating to motor
vehicles and traffic, so as to add a points penalty for the use of cellular,
hands-free, or mobile telephones or other wireless communication devices under
certain circumstances; to change certain provisions related to exercising due
care in operating a motor vehicle and the proper use of radios and mobile
telephones; to provide for definitions; to provide for a penalty; to provide for
exceptions; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
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 the assessment of points in the suspension or revocation of the
license of a habitually negligent or dangerous driver, 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
Driving
while distracted – use of wireless communication
device 1
point
Violation
of child safety restraint requirements, first offense 1 point
Violation
of child safety restraint requirements, second or
subsequent
offense 2 points
All
other moving traffic violations which are not speed limit
- 3
points"
SECTION
2.
Said
title is further amended by revising Code Section 40-6-241, relating to
exercising due care in operating a motor vehicle and the proper use of radios
and mobile telephones, as follows:
"40-6-241.
(a)
For purposes of this Code section, the term:
(1)
'Device' means a cellular, hands-free, or mobile telephone, wireless
communication device, personal digital assistant, radio, or citizens band
radio.
(2)
'Engaged in a call' means talking or listening via a device and shall include
holding such device to activate, deactivate, or initiate a function of such
device.
(b)
A driver shall exercise due care in operating a motor vehicle on the
highways,
roadways, and streets 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.
(c)(1)
Except as provided in subsection (d) of this Code section, any driver who shall
knowingly:
(A)
Operate a motor vehicle which is involved in an accident resulting in death or
bodily injury of any person or in property damage; and
(B)
Be engaged in a call at the time of the accident
shall
be guilty of driving while distracted.
(2)
The inference that the driver of such motor vehicle was driving while distracted
may be rebutted by evidence tending to show that engaging in a call at the time
of the accident did not contribute to the accident.
(d)
Subsection (c) of this Code section shall not apply to:
(1)
Engaging in a call 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; and
(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.
(e)(1)
Any person convicted of a violation of subsection (b) of this Code section shall
be guilty of a misdemeanor punishable as provided in Code Section
40-6-1.
(2)
Any person convicted of a violation of subsection (c) of this Code section shall
be guilty of a misdemeanor punishable by a fine not to exceed $500.00 and
assessment of points pursuant to Code Section
40-5-57."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.