Georgia senator aims to reduce trucking accidents and fatalities

This blog post by metro Atlanta personal injury and wrongful death attorney Richard Armond deals with legislation introduced by U.S. Senator Johnny Isakson of Georgia which is aimed at making us safer from trucking accidents.

According to a story in the Atlanta Journal-Constitution, United States Senator Johnny Isakson (R-Ga.) introduced bipartisan legislation last week with senator Chris Coons (D-De.) aimed at requiring speed-limiting software in trucks which would limit them to 65 miles per hour. The story indicates Isakson's interest in this legislation dates back to a 2015 tractor-trailer wreck that killed five Georgia Southern University nursing students.

Evidently, this "speed limiter rule" was proposed as Department of Transportation regulation about a decade ago, but has been stalled through delay after delay. The current administration has delayed action on the rule indefinitely. The newly proposed legislation would bypass the administrative regulation process by making it law. Georgia senator Isakson is quoted as saying most other countries already use this software to cap truck speed limits and the article further mentions that most truck in the United States already have this software.

 
tractortrailerwreck.jpg
 

If your or a loved one have been injured or lost in a trucking accident case in Georgia, please contact Gwinnett County based personal injury and wrongful death lawyer Richard Armond at (678) 661-9585 for a free consultation. 

Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.

The Definitive Guide to Georgia's New Hands-Free Distracted Driving Law

HB 673 Signed by Georgia Governor; New Hands-Free Distracted Driving Law, O.C.G.A. § 40-6-241, Explained

Today Governor Nathan Deal signed into law House Bill 673, the Hands-Free Georgia Act, Georgia's new hands-free distracted driving law. This blog post, by serious injury and wrongful death lawyer Richard C. Armond of The Armond Firm, LLC, offers an in-depth explanation of the new law. The Armond Firm, LLC, is based in Lawrenceville, Georgia, near the Gwinnett County Justice and Administration Center, and handles cases throughout metro Atlanta and the State of Georgia. Please remember this post is for informational purposes only and should not be relied upon as legal advice.

HB 673 Amends Three Georgia Code Sections and Repeals Two Others

Georgia's new hands-free distracted driving law will be found at O.C.G.A. § 40-6-241 and goes into effect on July 1, 2018. HB 673 significantly amends O.C.G.A. § 40-6-241 which currently criminalizes failing to use due care while operating a motor vehicle, but specifically allows for "proper use of a mobile telephone" except as prohibited in O.C.G.A. §§ 40-6-241.1 and 40-6-241.2. HB 673 completely repeals O.C.G.A. §§ 40-6-241.1 and 40-6-241.2, effective July 1, 2018, and amends or puts in place a new hands-free distracted driving law at O.C.G.A. § 40-6-241, also effective July 1, 2018.

HB 673 also amends O.C.G.A. § 40-5-57, which sets the points assessed against driver's licenses for various traffic offenses. Effective July 1, 2018, a first violation of the new hands-free distracted driving law at O.C.G.A. § 40-6-241 will be a one point violation, a second violation will assess two points, and a third or subsequent violation will assess three points to a person's driver's license. This appears to be for lifetime violations such that the points will increase up to a third lifetime violation of the hands-free distracted driving law regardless of how far in the past other violations occurred.

Additionally, HB 673 amends O.C.G.A. § 40-6-165, relating to the use of "wireless communication devices" while operating school buses. Essentially, school bus drivers cannot use a "wireless communication device" for any reason while loading or unloading passengers, and they cannot use them while a bus is in motion unless the use is similar to a two-way radio for the purpose of communicating with school officials or public safety officials.

alexandre-boucher-582082-unsplash.jpg

 

Georgia's New Hands-Free Distracted Driving Law Explained

To begin understanding Georgia's new hands-free distracted driving law (O.C.G.A. § 40-6-241), we must understand the definitions of various devices used in the statute.

Definitions:

Under O.C.G.A. § 40-6-241(a)(3):

"'Wireless telecommunications device' means a cellular telephone, a portable telephone, a text-messaging device, a personal digital assistant, a stand-alone computer, a global positioning system receiver, or substantially similar portable wireless device that is used to initiate or receive communication, information, or data. Such term shall not include a radio, citizens band radio, citizens band radio hybrid, commercial two-way radio communication device or its functional equivalent, subscription based emergency communication device, prescribed medical device, amateur or ham radio device, or in-vehicle security, navigation, or remote diagnostics system."

Essentially, any type of cell phone, smart phone, flip phone, etc., is included in the definition. Further, laptop computers, tablet computers/iPads, and GPS systems which are not "in-vehicle" (presumably meaning permanently installed, but this may be a source of litigation regarding vagueness) are also included in the definition. However, some more old fashioned forms of electronic communications such as CB radios and systems which are "in-vehicle" are not included in the definition. 

Further, under O.C.G.A. § 40-6-241(a)(1):

"'Stand-alone electronic device' means a device other than a wireless telecommunications device which stores audio or video data files to be retrieved on demand by a user."

A "stand-alone electronic device" means anything which stores audio or video that can be viewed immediately, such as an iPod or MP3 player, a GoPro, or for those older readers it would include Walkmans, Discmans, camcorders, etc.

These pertinent definitions are important to understand exactly what is prohibited in the new Georgia hands-free distracted driving law.

What is now illegal under Georgia law (effective July 1, 2018)?

  1. Anything which distracts from the safe operation of a vehicle. The new O.C.G.A. § 40-6-241(b) requires, "[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." In other words, regardless of whether a cell phone or other device is used at all it is a violation of Georgia law for a driver to take part in any action which distracts her from driving safely. This would include anything such as turning around to discipline children, doing makeup, eating a cheeseburger, etc., IF the action distracts her from driving safely (a case in Georgia was dismissed several years ago when a driving was cited for eating a cheeseburger while driving--the issue was proof that that driver was driving unsafely--these types of actions are not per se unlawful, but only unlawful if a driver is being unsafe because of doing them). However, if a person can do those things while safely driving, they would arguably not be violating the law (which will be a subject of litigation)--this would especially be true if those types of actions are done while at a red light or when the car is technically being operated but stationary. 

  2. The mere act of holding within a person's hand a cell phone (or any "wireless telecommunications device" as defined above) or any other device to store audio or video which can be accessed on demand (so long as defined as a "stand-alone electronic device" above). This where the new Georgia hands-free distracted driving law has its teeth and differs from the old law. As of July 1, 2018, a driver cannot even hold his cell phone in his hand at all while his vehicle is in operation, nor support the prohibited devices with any part of his body, such as holding a phone between ear and shoulder. Operation, under already existing law, will include any time a motor vehicle's engine is on and on a roadway, regardless of whether stopped at a red light, stuck in stand-still traffic, or driving down the road. This hands-free provision will be found at O.C.G.A. § 40-6-241(c)(1). The statute does, however, allow for the use of an earpiece, headphone device, or device worn on a wrist to conduct only voice-based communication. Though not explicitly stated in O.C.G.A. § 40-6-241 it does not appear to prohibit receiving or placing calls from systems installed in a vehicle (as they do not appear to fit the definition of "wireless telecommunications device" or "stand-alone electronic device") or the use of a cell phone to place or receive a call so long as the phone is not supported by the body in any way *(see below "What appears to be legal under the new Georgia hands-free distracted driving law which may not have been intended?"). 

  3. Writing, sending, or reading a text (or any other written communication) on a cell phone (or any device defined above as a "wireless telecommunications device" or "stand-alone electronic device"). This provision will be found at O.C.G.A. § 40-6-241(c)(2) and makes it illegal while operating a vehicle (which, again, includes being a driver at a red light) to read a text, instant message, email, a website, or any other internet data. However, it specifically allows both sending a text by voice when a person's voice is automatically converted to text and using those devices for navigating by GPS *(see below "What appears to be legal under the new Georgia hands-free distracted driving law which may not have been intended?"). Keep in mind that these devices cannot be held in a driver's hand or supported by her body in anyway while sending text by automatic voice conversion or while using GPS.

  4. Watching a video or movie while operating a vehicle while using a "wireless telecommunications device" or "stand-alone electronic device." This prohibition is found at O.C.G.A. § 40-6-241(c)(3). This subsection specifically allows, however, watching data related to the navigation of a vehicle.

  5. Recording or broadcasting a video on a "wireless telecommunications device" or "stand-alone electronic device." O.C.G.A. § 40-6-241(c)(4). However, this subsection specifically allows electronic devices used solely for continuously recording or broadcasting video, i.e., you can use dash cams to record your trip, and onboard computers which record your every movement (most new cars have this built in) are also lawful. 

Special Provisions for Drivers of Commercial Motor Vehicles

The definition of a "commercial motor vehicle" can be found at O.C.G.A. § 40-1-1(8.3) and, generally, involves vehicles used in commerce over a certain weight, passenger capacity, or which transport hazardous materials. When driving a "commercial motor vehicle" the new law, in addition to the prohibitions applicable to all drivers, also makes unlawful at O.C.G.A. § 40-6-241(d):

  1. Using more than a single button on a wireless telecommunications device to initiate or terminate a voice communication.

  2. Reaching for a wireless telecommunications device or stand-alone electronic device in such a manner that requires the driver to no longer be: (A) In a seated driving position; or (B) properly restrained by a safety belt.

What appears to be legal under the new Georgia hands-free distracted driving law which may not have been intended?

  • Placing and receiving calls when not holding or supporting a defined device with a person's body in any way. The new O.C.G.A. § 40-6-241 appears to intend to allow for use of on-board phone systems installed in vehicles. However, it also appears that at least as to non-commercial drivers, if a cell phone is on the seat next to a driver, he may place and answer calls so long as he does not support the phone in any way, AND so long as he does not violate the "catch-all provision" of anything which distracts from the safe operation of a vehicle found at O.C.G.A. § 40-6-241(b). This will potentially be a source of litigation in criminal/traffic cases, but it appears that if a driver is, for example, at a red light and stopped he would be able to place or answer a phone call from his cell phone so long as he does not hold or support the phone with his body by using the phone while it is laying next to him.
  • Use of GPS on cell phones and other like devices. The Georgia General Assembly specifically included in the definition of "wireless telecommunications device" cell phones and GPS receivers (presumed example:  Garmins and Tom-Toms) which are not "in-vehicle" and made them subject to the hands-free requirement. The General Assembly specifically excluded in-vehicle navigation from the definition, which presumably means the GPS systems permanently installed in vehicles, attempting to make some distinction between portable and "in-vehicle" GPS. While the intent of the new O.C.G.A. § 40-6-241 is to save lives and prevent dangerous traffic collisions, subsection (c)(2) specifically allows a driver to enter as much text as the driver wants so long as it for GPS navigation (so long as the driver is not holding or supporting the defined device), with no distinction as to the device being portable or in-vehicle under the allowed acts (so why the distinction?).

This appears to be the biggest weakness of the new law. Anyone who has used a GPS knows it can take quite a while to enter this information and can be just as much of a danger to others as texting and driving. OF VERY IMPORTANT NOTE:  it is definitely clearly still illegal to support in one's hand or body a cell phone or any other portable GPS receiver while operating a vehicle, but subsection (c)(2) would allow for using a cell phone or portable GPS while operating a vehicle so long as, for example, the device is laying on the seat or mounted to the dashboard. ALSO OF IMPORTANT NOTE:  Even when using a cell phone or portable GPS and not holding or supporting the device, it will still be illegal to violate the catch-all of O.C.G.A. § 40-6-241(b) to do "anything which distracts from the safe operation of a vehicle."

In criminal/traffic prosecutions, the State will likely not have to prove that a driver was not otherwise lawfully using his GPS on his cell phone--this appears to be akin to an affirmative defense which a person charged could assert, and, if asserted, the State would then have to disprove it. See May v. State, 179 Ga. App. 736 (1986). However, in most traffic citation cases the police are not going to have access to see what was actually happening on a cell phone at the time they observed a potential violation unless a driver gives consent or the police obtain a search warrant to look into the phone. The State may not have evidence to disprove such an affirmative defense if one is truthfully asserted. This may slightly take away some of the teeth of the new statute in prosecutions, but definitely weakens the prevention aspect as drivers can enter info into a GPS so long as not violating the hands-free/support subsection or the catch-all due care/distraction provision.

What additional actions are specifically legal under the new O.C.G.A. § 40-6-241?

O.C.G.A. § 40-6-241(g) specifically allows the following four uses of a "wireless telecommunications device" or "stand-alone electronic device" with one major exception to these allowances:

"(1) While reporting a traffic accident, medical emergency, fire, an actual or potential criminal or delinquent act, or road condition which causes an immediate and serious traffic or safety hazard;

(2) By an employee or contractor of a utility services (defined at O.C.G.A. § 40-6-241(a)(2) to basically include what we commonly know as utilities) provider acting within the scope of his or her employment while responding to a utility emergency;

(3) By a law enforcement officer, firefighter, emergency medical services personnel, ambulance driver, or other similarly employed public safety first responder during the performance of his or her official duties; or

(4) While in a motor vehicle which is lawfully parked (again, being stopped at a red light is included in the operation of a vehicle and is not considered being parked)."

However, the major exception is that these acts are not exempt from the catch-all provision of O.C.G.A. § 40-6-241(b) which basically prohibits anything which distracts from the safe operation of a motor vehicle. In other words, it is still against Georgia law to, for example, call 911 while driving to report a crime in progress if it distracts from the safe operation of the car.

Punishments:

In addition to the points on a driver's license explained above, violating any part of O.C.G.A. § 40-6-241 is a misdemeanor. 

  • a first offense in a 24 month period (from offense date to offense date) involves a maximum $50.00 fine
  • a second offense in a 24 month period (from offense date to offense date) involves a maximum $100.00 fine
  • a third or subsequent offense in a 24 month period (from offense date to offense date) involves a maximum $150.00 fine

However, the law allows for first time a person is charged with violating O.C.G.A. § 40-6-241 for the person to be found not guilty if she produces in court a device or proof of purchase of a device which allows for compliance with the statute in the future (example:  earpiece for hands-free calling). It is extremely important to note that anyone taking advantage if this provision must affirm she has not previously used the provision. Along with that, one should know that making a false statement in an official governmental matter or perjuring oneself are both felony crimes which a person might face if caught making this affirmation more than once.

Conclusion

The new O.C.G.A. § 40-6-241 appears to be a significant improvement in terms of making Georgia's roads safer by making our state a "hands-free" state to combat distracted driving. According to the CDC, approximately nine people are killed and over 1,000 are injured each day in the United States because of car crashes involving a distracted driver. In 2015 alone 3,477 lives were lost and 391,000 people were injured in United States automobile crashes involving a distracted driver. Let's hope this new law will make our roads safer and protect the lives of everyone on Georgia's roadways.

If you or a loved one have been seriously injured or a loved one was lost in a traffic collision, please contact Gwinnett County based personal injury and wrongful death lawyer Richard Armond at (678) 661-9585 for a free consultation or fill in your contact info here

Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.

Photo by Alexandre Boucher on Unsplash

Holding wrong-way drivers accountable for head-on collisions.

Attorney Richard Armond of The Armond Firm, LLC, is licensed to practice law in the State of Georgia. Based in Gwinnett County, he handles serious injury and wrongful death cases throughout metro Atlanta and the State of Georgia. Call him for a free consultation at (678) 661-9585.

Head-on traffic wrecks are not “accidents.” They often cause life-threatening or life-altering injuries and sometimes death. “Accident” is a complete misnomer. The drivers at fault for these collisions are, at best, negligent, but often impaired, distracted, or reckless in their manner of driving.

O.C.G.A. § 40-6-40 makes it a crime to drive on the wrong side of a road in Georgia. This even applies to smaller roads that do not have marked lanes of travel. Subsection (a) of the statute requires that “upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway . . .” The statute contains a few limited exceptions to that basic principle of the rules of the road that a driver has to stay on the correct side of the road and not drive in the path of oncoming traffic. O.C.G.A. § 40-6-40, the driving on the wrong side of the road statute, is just one basis for civil recovery in a lawsuit. Typically a wrong-way driver will have violated other provisions of Georgia law, but this statute is an important tool in holding the at-fault driver accountable.

Attorney Richard Armond has significant experience enforcing the traffic laws of Georgia, first as an Assistant Solicitor-General from 2007 to 2011 prosecuting all misdemeanor traffic violations in State Court, and then as a Senior Assistant District Attorney from 2011 to 2017 prosecuting cases including all serious felony traffic crimes.

If you or a loved one have suffered an injury or death because of a wrong-way driver please contact attorney Richard Armond at (678) 661-9585 for a free consultation today.

The information above is for informational purposes only and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.