10 LC 28
4907
House
Bill 944
By:
Representatives Amerson of the
9th,
Williams of the
4th,
Wilkinson of the
52nd,
Smith of the
70th,
Hill of the
180th,
and others
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 prohibit certain use of wireless
telecommunications devices by persons while operating a motor vehicle; to
provide for exceptions; to provide penalties for violations; to provide for
related matters; to provide an effective date; 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 Code Section 40-6-241, relating to drivers'
exercise of due care and proper use of radios and mobile telephones, as
follows:
"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, except
as prohibited by Code Section 40-6-241.1,
the proper use of a radio, citizens band radio,
or
mobile
telephone, or
amateur or ham radio shall not be a
violation of this Code section."
SECTION
2.
Said
title is further amended by inserting a new Code section to read as
follows:
"40-6-241.1.
(a)
As used in the Code section, the term:
(1)
'Engage in a wireless communication' means writing, sending, or reading a
text-based communication on a wireless telecommunications device.
(2)
'Wireless telecommunications device' means a cellular telephone, a
text-messaging device, a personal digital assistant, a stand alone computer, or
any other substantially similar wireless device that is used to initiate or
receive a wireless communication with another person. It does not include
citizens band radios, citizens band radio hybrids, commercial two-way radio
communication devices, subscription-based emergency communications, in-vehicle
security, navigation, and remote diagnostics systems, or amateur or ham radio
devices.
(b)
No person shall operate a motor vehicle on any public road or highway of this
state while engaging in a wireless communication using a wireless
telecommunications device.
(c)
Subsection (b) of this Code section shall not apply to:
(1)
The use of a wireless telecommunications 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)
Any conviction for a violation of the provisions of this Code section shall be a
misdemeanor punishable by a fine of not more than
$300.00."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.