The Hands-Free Georgia Act took effect on July 1, 2018, and it restricts far more than texting while driving. The statute controls how a driver may use a phone or other electronic device from the moment the vehicle is in operation. Understanding what it prohibits, what it allows, and what a violation means after a crash helps injured drivers protect their claims.
What the Statute Prohibits
The law is codified at O.C.G.A. § 40-6-241 and applies to every driver on a Georgia road. The central rule is that a driver may not hold or support a phone or similar device with any part of the body while operating a vehicle. Resting a phone on a knee, holding it against a shoulder, or keeping it in hand while stopped at a traffic light all qualify as violations, because the vehicle is still being operated.
The statute also prohibits:
- Writing, sending, or reading any text-based message, including email and social media
- Watching a video on a device, other than a navigation display
- Recording or broadcasting video while driving
A Primary Offense
A hands-free violation is a primary offense in Georgia. An officer may stop a vehicle for that violation alone, without observing any other traffic infraction.
What the Law Allows
The law regulates how a phone is used rather than whether it may be used at all. The Georgia Department of Driver Services lists the permitted methods, which include:
- Voice calls through a vehicle’s Bluetooth system or speakerphone
- An earpiece, headphones, or a device worn on the wrist for voice communication
- A phone secured in a mount for navigation or voice-to-text messaging
Narrow exceptions apply. A driver may hold a phone to report a crash, a medical emergency, a fire, a crime, or a hazardous road condition. The law does not apply to a vehicle that is lawfully parked, which means parked off the roadway rather than stopped in traffic.
Penalties for a Violation
Convictions within a 24-month period carry escalating fines and license points:
- First offense, a fine of up to $50 and one point
- Second offense, a fine of up to $100 and two points
- Third or later offense, a fine of up to $150 and three points
Points remain on a driving record and can affect insurance premiums at renewal. A first-time offender may have the charge dismissed by providing the court with proof that a hands-free device was purchased before the court date. That option is available only once.
How a Violation Affects an Injury Claim
A hands-free citation does not decide a personal injury case, but it carries significant weight. Georgia courts apply a rule known as negligence per se. In plain terms, a driver who breaks a safety law and causes the type of harm that law was written to prevent can be treated as negligent on that basis alone. The injured person must still show the violation caused the collision, but the citation settles much of the dispute over carelessness.
The National Highway Traffic Safety Administration reports that 3,208 people died in crashes involving distracted drivers in 2024.
Proving the Driver Was on the Phone
A police report may note a citation, but the records that establish timing come from other sources. Cell carrier logs, app usage data, and a vehicle’s event data recorder can place a call or message within seconds of a collision. Those records are obtained through formal legal requests once a claim is filed, and carriers do not keep them indefinitely.
For that reason, an Athens car accident lawyer will usually send a written notice early in the case asking the at-fault driver and the carrier to preserve those records before they are deleted. Phone evidence is often the most direct proof of fault available.
Speaking With an Attorney
Burrow & Associates has represented injured Georgians since 1996. If a distracted driver caused your crash in Athens-Clarke County, our Athens car accident lawyer can review the crash report, identify the records that need to be preserved, and explain how the hands-free law applies to your situation. Contact our office to discuss your case.
