Bill Text: GA HB23 | 2009-2010 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Motor vehicles; cell phones; text messaging; prohibit use

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Passed) 2010-07-01 - Effective Date [HB23 Detail]

Download: Georgia-2009-HB23-Comm_Sub.html

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09 LC 35 1494S

The Senate Public Safety Committee offered the following substitute to HB 23:

A BILL TO BE ENTITLED
AN ACT

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; to prohibit use of wireless telecommunications devices by persons under 18 years of age with an instruction permit or Class D license while operating a motor vehicle; to provide penalties for violations; to modify certain conditions when fleeing or attempting to elude a police officer shall be treated as a felony offense; 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 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, 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

Violation of child safety restraint requirements, first offense 1 point

Violation of child safety restraint requirements, second or

subsequent offense 2 points

Violation of usage of wireless telecommunications device requirements 2 points

All other moving traffic violations which are not speed limit

0. 3 points"
   

SECTION 2.

Said title is further amended by inserting a new Code section to read as follows:

"40-5-57.3.

(a) The driver's license of any operator of a motor vehicle who is determined to be at fault for causing an automobile accident while violating Code Section 40-6-241.1 shall be suspended as provided in this Code section. The person shall submit the driver's license to the court upon conviction and the court shall forward the driver's license to the department. If the driver's license is not submitted to the court at the time of conviction, the person shall submit the driver's license to the department upon receiving proper notice of the suspension pursuant to the provisions of this chapter.

(b)(1) A first suspension of a driver's license under this Code section shall be for a period of 90 days or until the offender turns 18 years of age, whichever is shorter.

(2) A second or subsequent suspension of a driver's license under this Code section shall be for a period of six months or until the offender turns 18 years of age, whichever is shorter.

(c) After the suspension period and when the person pays a restoration fee of $60.00 or, when processed by mail, $50.00, the suspension shall terminate and the department shall return the person's driver's license to such person."

SECTION 3.

Said title is further 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 4.

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 talking, writing, sending, or reading a text-based communication, or listening 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) Except in a driver emergency and as provided in subsection (c) of this Code section, no person who has an instruction permit or a Class D license and is under 18 years of age 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) The provisions of this Code section shall not apply to a person who has an instruction permit or a Class D license and is under 18 years of age who engages in a wireless communication using a wireless telecommunications device to do any of the following:

(1) Report a traffic accident, medical emergency, or serious road hazard;

(2) Report a situation in which the person believes his or her personal safety is in jeopardy;

(3) Report or avert the perpetration or potential perpetration of a criminal act against the driver or another person; or

(4) Engage in a wireless communication while the motor vehicle is lawfully parked.

(d)(1) Any conviction for a violation of the provisions of this Code section shall be punishable by a fine of not less than $50.00 nor more than $100.00. The provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof. The court imposing such fine shall forward a record of the disposition of the case of unlawfully operating a motor vehicle while using a wireless telecommunications device to the Department of Driver Services.

(2) If the operator of the moving motor vehicle is involved in an accident at the time of a violation of this Code section, then the fine shall be equal to double the amount of the fine imposed in paragraph (1) of this subsection and the operator's driver's license shall be suspended pursuant to the provisions of Code Section 40-5-57.3. The suspension of the driver's license shall be implemented only upon a finding that the operator of the motor vehicle was at fault in causing the automobile accident. The law enforcement officer investigating the accident shall indicate on the written accident form whether such operator was engaging in a wireless communication at the time of the accident."

SECTION 5.

Said title is further amended in Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to fleeing or attempting to elude a police officer and impersonating a law enforcement officer, by revising subparagraph (b)(5)(A) as follows:

"(5)(A) Any person violating the provisions of subsection (a) of this Code section who, while fleeing or attempting to elude a pursuing police vehicle or police officer in an attempt to escape arrest for any offense, other than a violation of this chapter, not expressly provided for in this paragraph:

(i) operates Operates his or her vehicle in excess of 30 20 miles an hour above the posted speed limit,;

(ii) strikes Strikes or collides with another vehicle or a pedestrian,;

(iii) flees Flees in traffic conditions which place the general public at risk of receiving serious injuries,;

(iv) Commits a violation of paragraph (5) of subsection (a) of Code Section 40-6-391; or

(v) leaves Leaves the state

shall be guilty of a felony punishable by a fine of $5,000.00 or imprisonment for not less than one year nor more than five years or both."

SECTION 6.

This Act shall become effective on July 1, 2009, and Section 5 of this Act shall apply to offenses committed on or after such date.

SECTION 7.

All laws and parts of laws in conflict with this Act are repealed.