Law enforcement to crack down on distracted driving with new hands-free law

ALBANY – On July 1, Georgia drivers will have to put their phones down or face blue lights in their rearview mirror after the state’s new distracted driving law goes into effect. The law allows only hands-free operation of telephones and other digital devices.

Gov. Nathan Deal signed the “Hands Free Georgia Act” on May 2, making it illegal to physically hold and use any wireless device for communication, navigation, entertainment or otherwise while operating a motor vehicle on any highway or road in the state.

“This law is designed to simplify some of the issues with distracted driver laws of the past,” Corp. Dillard Glover of the Albany Police Department said. “The whole thing is, with the new law, you will not be able to have the phone in your hand at any time to talk on it, to text or anything like that. It is strictly a hands-free implementation.

“You can use Bluetooth. You can use Bluetooth in your car. You can use your phone for emergencies. Like if you have to call in reference to a wreck, that would be an exception. But other than that, you cannot have it on your person. You can’t lay it on your leg. You can’t have it hanging around your neck or in your shirt pocket. Using that device in any way like that is now illegal.”

Glover explained that there are acceptable ways to utilize a phone while driving.

“You can mount it on the dash,” Glover said. “You can touch the phone to end a call or receive a call, but that is the only thing you can do. Everything else must be hands-free.”

Drivers who choose to ignore the new law can expect to face stiff fines and points against their driver’s license, Glover said.

“A first offense is $50 and a point on your license,” the APD officer said. “A second offense, it goes to $100 and two points. A third offense will cost you $150 and three points added to your license ,and as you know, in a 24-month span, if you get 15 points, or more, your license will be suspended. That’s total points, which could be from multiple traffic infractions, not just the distracted driver law.

“If you are a speeder and get a lot of speeding tickets or if you are involved in an accident, everything has points attached to it. If you are the person that just takes the ticket and pays the fine, it could cause you to lose your license.”

Glover said he is hopeful that the new law will decrease the number of crashes caused by distracted driving, but the nine-year APD veteran said he also knows people like to use their phones.

“Some people aren’t going to get off of their phones,” Glover said. “They will just pay that ticket and keep on going. Me, personally, giving $50 to somebody else, I don’t want to do that.”

Glover also explained that distracted driving doesn’t just mean using a telephone.

“Technically, anything that is a distraction, you can get a citation for,” Glover said. “That could be riding down the road putting on makeup, reading a magazine, texting or even eating. Anything that distracts that driver from the safe operation of that vehicle is a distraction.”

According to the Governor’s Office of Highway Safety, distracted driving caused 3,470 crashes with fatalities across the United States in 2016.

“People have been driving and talking on their phones for 30 years, and it is second nature for all of us to pick up our phone while driving. It is a habit we all need to start breaking now,” GOHS Communication Director Robert Hydrick said. “The new law is basically very simple in that drivers cannot have a phone or stand-alone electronic device in their hand or supported by any part of their body. Drivers can make and receive phone calls and use GPS through hands-free methods, including speakerphone, earpiece, wireless headset, electronic watch and having their phone connected to their vehicle.”

Hydrick pointed out that drivers should, if using an earpiece, only have an audio device in one ear and that they could not use that device to listen to music or other entertainment.

“The law also continues the ban on writing, reading and sending text, e-mail, social media and other internet data and it also prohibits drivers from watching videos and recording videos,” Hydrick said. “Voice-to-text technology, watching GPS/navigational videos and continuously running dash cams are allowed.”

One of the more difficult issues surrounding distracted driving, according to the GOHS communication director, has been the issue of streaming music.

“Drivers can listen to music through their phones, but they must turn on those apps and program playlists before getting on the road,” Hydrick said. “Once they are on the road, drivers may not touch their phone to handle any activity with any streaming app, even if they have their phone in a hands-free device. Drivers are cautioned to avoid using music apps with video since the law specifically prohibits drivers from watching videos. Music streaming apps that are controlled through the car’s radio or by voice control are permitted.

“Drivers do not have to purchase anything in order to make a hands-free call, but we do encourage them to have their phone where it can be easily accessed and will not interfere with the safe operation of their vehicle and will allow them to reasonably keep their attention on the road. A number of retailers carry devices that will hold phones, and some are within the $5 to $10 price range.”

Hydrick explained that law enforcement understands that this is a big change, but hands-free is now the law.

“There is no grace period in the law,” Hydrick said. “Law enforcement officers will likely issue warnings for many violations in the first few months as part of the education effort, but citations can and will be issued starting July 1 for violations that officers feel are warranted, especially those that involve traffic crashes.”

According to Glover, as of July 1 in Albany, any driver seen with a phone in their hand while driving will be pulled over and given a citation.

“I can’t speak for other law enforcement agencies. I can only speak for the Albany Police Department, but I know for a fact, starting July 1, APD will be enforcing this new distracted driver law,” Glover said. “We will be writing tickets.”

More information can be found at www.headsupgeorgia.com.