06 LC
38 0043
Senate
Bill 546
By:
Senator Tate of the 38th
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
driverś
exercise of due care and proper use of radios and mobile telephones while
operating a motor vehicle; to prohibit certain uses of mobile telephones while
operating a motor vehicle; to provide penalties for violations; to provide for
warnings regarding the provisions of this Act during a limited period; to
provide for studies and reports; to provide effective dates; to provide for
related matters; 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 the uniform rules of the road, is amended by
striking Code Section 40-6-241, relating to
driverś
exercise of due care and proper use of radios and mobile telephones, and
inserting in its place the following:
"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 mobile telephone, other hand-held devices, or
other devices that can distract a driver while driving shall be subject to the
provisions of Code Section
40-6-241.1."
SECTION
2.
Said
article is further amended by adding after Code Section 40-6-241, relating to
driverś
exercise of due care, a new Code section to read as follows:
"40-6-241.1.
(a)
As used in this Code section, the term:
(1)
'Commercial mobile radio service' means a mobile service that is:
(A)(i)
Provided with the intent of receiving compensation or monetary
gain;
(ii)
An interconnected service; and
(iii)
Available to the general public, or to such classes of eligible users as to be
effectively available to a substantial portion of the general public;
or
(B)
The functional equivalent of such a mobile service described in subparagraph (A)
of this paragraph.
(2)
'Engage in a call' shall mean talking into or listening on a hand-held mobile
telephone but shall not include holding a mobile telephone to activate,
deactivate, or initiate a function of such telephone.
(3)
'Hand-held mobile telephone' shall mean a mobile telephone with which a user
engages in a call using at least one hand.
(4)
'Hands-free mobile telephone' shall mean a mobile telephone that has an internal
feature or function, or that is equipped with an attachment or addition, whether
or not permanently part of such mobile telephone, by which a user engages in a
call without the use of either hand, whether or not the use of either hand is
necessary to activate, deactivate, or initiate a function of such
telephone.
(5)
'Immediate proximity' shall mean that distance as permits the operator of a
mobile telephone to hear telecommunications transmitted over such mobile
telephone but shall not require physical contact with such
operatoŕs
ear.
(6)
'Mobile telephone' means the device used by subscribers and other users of
wireless telephone service to access such service.
(7)
'Other hand-held device' shall mean any device requiring the use of at least one
hand and used for communicating, data entry, listening, viewing, or storing
digital or electronic information.
(8)
'Using' shall mean holding a mobile telephone to, or in the immediate proximity
of, the
useŕs
ear or using any other hand-held device.
(9)
'Wireless telephone service' shall mean two-way real time voice
telecommunications service that is interconnected to a public switched telephone
network and is provided by a commercial mobile radio service.
(b)(1)
Except as otherwise provided in this Code section, no person shall operate a
motor vehicle upon a public highway while using a mobile telephone or other
hand-held device to engage in a call or other activity 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 mobile telephone to, or in the immediate proximity of, his or
her ear while such motor vehicle was in motion was engaged in a call within the
meaning of this Code section. Such inference may be rebutted by evidence
tending to show that the operator was not engaged in a call.
(c)
The use of any electronic device, including but not limited to televisions,
video, digital video disc players, and video game players, shall not be
permitted in the front seat or cab of any vehicle.
(d)
Subsection (b) of this Code section shall not apply to:
(1)
The use of a mobile telephone or other hand-held device for the sole purpose of
communicating with any of the following regarding an emergency situation: an
emergency response operator; a hospital,
physiciańs
office, or health clinic; an ambulance company or corps; a fire department; or a
police department;
(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; or
(3)
The use of a hands-free mobile telephone.
(e)(1)
A violation of subsection (b) or (c) of this Code section shall be a misdemeanor
punishable by a fine of not more than $100.00.
(2)
The court shall waive any fine for which a person who violates the provisions of
subsection (b) of this Code section would be liable if such person supplies the
court with proof that, between the date on which he or she is charged with
having violated such subsection and the appearance date for such violation, such
person acquired a hands-free mobile telephone as defined in subsection (a) of
this Code section for his or her personal use and still possesses the same;
provided, however, that such waiver of fine shall not apply to a second or
subsequent violation of subsection (b) of this Code section.
(f)
This Code section shall not authorize the seizure or forfeiture of a mobile
telephone. Any seizure or forfeiture of a mobile telephone shall be only as
otherwise may be provided by
law."
SECTION
3.
For the purpose of informing and educating persons who operate motor vehicles in
this state, any law enforcement officer authorized to enforce the provisions of
Chapter 6 of Title 40 of the Official Code of Georgia Annotated or a local
ordinance adopting the provisions of said chapter may, during the period
commencing with the effective date of this section and ending December 31, 2006,
stop motor vehicles and issue verbal warnings to persons who would be in
violation of the provisions of Code Section 40-6-241.1 as enacted by this Act
were the provisions of said Code section effective on the day such warning is
issued.
SECTION
4.
The
commissioner of public safety shall study the effects of the use of mobile
telephones and similar equipment in conjunction with the operation of a motor
vehicle and the effects of other forms of driver inattention and distraction on
highway and traffic safety and shall submit a report of his or her findings to
the Governor, the majority leader of the Senate, the Speaker of the House of
Representatives, the minority leader of the Senate, the minority leader of the
House of Representatives, and the chairs of the Senate Public Safety and
Homeland Security Committee and the House Committee on Motor Vehicles not later
than December 31, 2008. Such report shall include without
limitation:
(1)
An examination of motor vehicle accident, fatality, and injury statistics
relating to the use of mobile telephones or other hand-held devices while
operating a motor vehicle and a comparison of the same with motor vehicle
accident, fatality, and injury statistics relating to other forms of driver
inattention and distraction;
(2)
A review and analysis of studies examining the effects of the use of mobile
telephones or other hand-held devices on highway and traffic safety and
comparing the same with the effects of other types of driver inattention and
distraction which affect highway and traffic safety; and
(3)
Recommendations for improving highway and traffic safety and reducing motor
vehicle accidents, if any, related to driver inattention and
distraction.
SECTION
5.
Sections
1 and 2 of this Act shall become effective on July 1, 2006. All other sections
of this Act shall become effective upon approval of this Act by the Governor or
upon its becoming law without such approval.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.