Bill Text: GA HB945 | 2009-2010 | Regular Session | Introduced
Bill Title: Uniform rules of the road; use of radios and mobile telephones; change certain provisions
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2010-01-26 - House Second Readers [HB945 Detail]
Download: Georgia-2009-HB945-Introduced.html
10 LC 28
4906
House
Bill 945
By:
Representatives Amerson of the
9th
and Williams of the
4th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia
Annotated, relating to miscellaneous provisions of uniform rules of the road, so
as to change certain provisions relating to drivers' exercise of due care and
proper use of radios and mobile telephones; to prohibit certain use of wireless
telecommunications devices; to provide for enforcement; to provide exceptions;
to provide penalties for violations; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating
to miscellaneous provisions of uniform rules of the road, 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;
provided, however, that the proper use of
a
radio,
or
citizens band
radio, or
mobile telephone shall not be a violation
of this Code
section; and
provided, further, that use of a wireless telecommunications device, as defined
in Code Section 40-6-241.1, shall be subject to the provisions of Code
Section 40-6-241.1."
SECTION
2.
Said
article is further amended by inserting a new Code section to read as
follows:
"40-6-241.1.
(a)
As used in this Code section, the term:
(1)
'Engage in a wireless communication' means talking, sending, reading, 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)(1)
No person shall operate a motor vehicle upon a highway while using a wireless
telecommunications device to engage in a wireless communication while such motor
vehicle is in motion.
(2)
The trier of fact may, in its discretion, infer that an operator of a motor
vehicle who held a wireless telecommunication device to, or in the immediate
proximity of, his or her ear while such motor vehicle was in motion was engaged
in a wireless communication within the meaning of this subsection. Such
inference may be rebutted by evidence tending to show that the operator was not
engaged in a wireless communication.
(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)
A violation of subsection (b) 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.
