Georgia: Cell phone laws, legislation

Cell phone legislation news: State Republicans Allen Peake and Amos Amerson have both introduced bills for 2010 seeking to ban text messaging while driving. In 2009, the House approved a ban on use of wireless devices by drivers under 18 with restricted licenses but it did not become law. It has been revived for 2010 in the Senate.

Current prohibitions:
School bus operators prohibited from using cell phones while driving, if passengers are present.

Pending legislation (2010 session):
Georgia House Bill 945: Would outlaw use of cell phones and related texting devices by all drivers while operating a motor vehicle on state roads and highways. Fines up to $300. (Amerson)

HB 944: Would prohibit drivers from texting and emailing. Fines up to $300. (Amerson)

HB 938: Would restrict all drivers from text messaging. Fines up to $100. If driver is found at fault in an accident while texting, fine would double and license would be suspended. Directs law officers to note use of wireless communications on accident form. (Peake)

HB 23: Would prohibit drivers with restricted licenses who are under 18 from using wireless devices such as cell phones and texting units. Fines up to $100 plus possible license suspension. If driver is found at fault in an accident, fine would double and license would be suspended. Approved by the Georgia House on March 12, 2009, but stalled in the Senate after a second reading in March 2009. “Recommitted” in Senate as of Jan. 11, 2010. (Ramsey)

HB 940: Limits students’ use of electronic devices, including cell phones, while on a school bus. Drivers are already barred from using cell phones. This bill’s main target is bullying. (Hugley)

SB 306: Exempts hands-free devices such as Bluetooth headsets from the state law prohibiting use of headphones while driving. Passed by the full Senate on Jan. 28, 2010. (Heath)

2010 legislation notes:

Rep. Amos Amerson, R-Dahlongea, says he was inspired to file the anti-text messaging Georgia House Bill 944 by friends who lost their grandson in a texting-related accident over the holidays.

A driver who was cited for driving while using a hands-free headset inspired SB 306, which modernizes the Georgia law against the wearing of headphones while operating a motor vehicle. Sponsor Sen. Bill Heath, R-Bremen, saw his bill become the first legislation passed by the Senate in the 2010 session. “Drivers who want to be safe on the road and use hands-free devices should not be penalized for using good judgment,” he said. The law predated widespread use of wireless telecommunications devices.

2009 legislation (inactive)
HB 19: Would create distracted driving penalties for motorists who were using cell phones at the time of an accident, with or without hands-free devices. One-point penalty and up to $500 fine upon conviction. Appears dead.

HB 21: Would ban drivers with learning permits (instructional or provisional) from using cell phone, with or without hands-free devices. One-point penalty upon conviction. No action — see HB 23.

Georgia cell phone/texting legislation notes:
“It doesn’t matter if you’re a teenager or an adult. You’re still dangerous to other people,” says Rep. Amos Amerson, R-Dahlonega, whose HB 945 would ban texting by all drivers regardless of age.

Senate Majority Leader Chip Rogers, R-Woodstock, says he’ll “be happy to look at” evidence showing text messaging while driving is dangerous. He plans to focus on property tax issues in 2010.

HB 23, which was approved in the House on a 138-34 vote, calls for fines of $50 to $100 and two points on the offender’s driving record. An accident caused by a teen using a cell phone would result in a loss of license for three months or until the driver turns 18.

HB 23 was sponsored by Reps. Matt Ramsey of Peachtree City, Edward Lindsey of Atlanta and Tom Rice of Norcross (all Republicans). “If the law is enacted and proves successful, it will bolster the case for further efforts to reduce distractions among all drivers,” Ramsey wrote on his legislative blog. Of a ban on handheld cell phones for all drivers, he wrote, “I would not be optimistic it would pass this year.”

Cell law inspiration: Ramsey notes he was run off the road by a high school student talking on a cell phone while driving.

Rep. Mary Margaret Oliver, D-Decatur, has been a driver of cell phone driver legislation in Georgia. She filed the bills HB 19 and 21 for the 2009 legislative session, but they were not approved. Her HB 174, banning use of cell phones by teen drivers, also failed to become law in 2007.

Georiga’s law preventing school bus drivers from using cell phone while on the road was enacted in August 2007.