LC 29 2469
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating
to drivers´ licenses, so as to prohibit the use of cellular, hands-free, or
mobile telephones by holders of instruction permits and Class D licenses; to add
a points penalty for the unlawful use of cellular, hands-free, or mobile
telephones by holders of instruction permits and Class D licenses; to provide
for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
5 of Title 40 of the Official Code of Georgia Annotated, relating to
drivers´ licenses, is amended by adding at the end of subsection (a) of
Code Section 40-5-24, relating to issuance of instruction permits and graduated
drivers´ licensing, a new paragraph (4) to read as follows:
"(4)
Any holder of an instruction permit issued under this subsection is prohibited
from using a cellular, hands-free, or mobile telephone while driving a motor
vehicle upon the public roads, streets, or highways of this
state."
SECTION
2.
Said
chapter is further amended by striking paragraph (2) of subsection (b) of Code
Section 40-5-24, relating to issuance of instruction permits and graduated
drivers´ licensing, and inserting in lieu thereof the
following:
"(2)
The department shall, after all applicable requirements have been met, issue to
the applicant a Class D driver´s license which shall entitle the applicant,
while having such license in his or her immediate possession, to drive a Class C
motor
vehicle upon the public
roads,
streets, or highways of this state under
the following conditions:
(A)
Any Class D license holder shall not drive a Class C motor vehicle on the public
roads, streets, or highways of this state between the hours of 12:00 Midnight
and 6:00 A.M. eastern standard time or eastern daylight time, whichever is
applicable;
and
(B)(i)
Any Class D license holder shall not drive a Class C motor vehicle upon the
public roads, streets, or highways of this state when more than three other
passengers in the vehicle who are not members of the driver´s immediate
family are less than 21 years of age.
(ii)
During the six-month period immediately following issuance of such license, any
Class D license holder shall not drive a Class C motor vehicle upon the public
roads, streets, or highways of this state when any other passenger in the
vehicle is not a member of the driver´s immediate family;
and
(C)
Any Class D license holder shall not use a cellular, hands-free, or mobile
telephone while driving a Class C motor vehicle upon the public roads, streets,
or highways of this state;
provided,
however, that a Class D license holder shall not be charged with a violation of
subparagraph
(A) or (B) of this paragraph alone but may
be charged with violating this paragraph in addition to any other traffic
offense. A
Class D license holder may be charged with a violation of subparagraph (C) of
this paragraph alone."
SECTION
3.
Said
chapter is further amended by striking subsection (b) and subparagraph (c)(1)(A)
of Code Section 40-5-57, relating to the assessment of points in the suspension
or revocation of the license of a habitually negligent or dangerous driver, and
inserting in lieu thereof the following:
"(b)
For the purpose of identifying habitually dangerous or negligent drivers and
habitual or frequent violators of traffic regulations governing the movement of
vehicles, the department shall assess points, as provided in subsection (c) of
this Code section, for convictions of violations of the provisions of Chapter 6
of this title, of violations of lawful ordinances adopted by local authorities
regulating the operation of motor vehicles,
of violations
of the provisions of Code Section 40-5-24, relating to the use of cellular,
hands-free, or mobile telephones while operating a motor vehicle upon the public
roads, streets, or highways of this state,
and of offenses committed in other states which if committed in this state would
be grounds for such assessment. Notice of each assessment of points may be
given, but the absence of notice shall not affect any suspension made pursuant
to this Code section. No points shall be assessed for violating a provision of
state law or municipal ordinance regulating standing, parking, equipment, size,
and weight. The department is required to suspend the license of a driver,
without preliminary hearing, when his
or
her driving record identifies him
or
her as a habitually dangerous or negligent
driver or as a habitual or frequent violator under this subsection.
(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 restrictions on cellular, hands-free, or mobile telephone usage
|
1
point
|
|
Violation
of child safety restraint requirements, first offense
|
1
point
|
|
Violation
of child safety restraint requirements, second or
subsequent offense
|
2
points
|
|
All
other moving traffic violations which are not speed limit
violations
|
3
points"
|
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.