Georgia hands-free law and commercial motor vehicle drivers

Defined terms in O.C.G.A. 40-6-241(a) and 40-5-142

Section 40-6-241(a)(3) defines a "Wireless telecommunications device" as a cellular telephone, a portable telephone, a text-messaging device, a personal digital assistant, a stand-alone computer, a global positioning system receiver, or a substantially similar portable wireless device "that is used to initiate or receive communication, information, or data." The same paragraph excludes from that term a radio, a citizens band radio or citizens band radio hybrid, a commercial two-way radio communication device or its functional equivalent, a subscription based emergency communication device, a prescribed medical device, an amateur or ham radio device, and an in-vehicle security, navigation, or remote diagnostics system. Restrictions in Section 40-6-241(c) and (d) that name a wireless telecommunications device bind truck drivers and other individuals only outside the situations listed in Section 40-6-241(g), such as conduct in a lawfully parked vehicle.^[1]

Under Section 40-6-241(a)(1), a "Stand-alone electronic device" is a device other than a wireless telecommunications device "which stores audio or video data files to be retrieved on demand by a user." Section 40-6-241(a)(2) defines utility services to include electric, natural gas, water, waste-water, cable, telephone, or telecommunications services. The same definition also includes the repair, location, relocation, improvement, or maintenance of utility poles, transmission structures, pipes, wires, fibers, cables, easements, rights of way, or associated infrastructure. That definition feeds the exception in Section 40-6-241(g)(2), which lifts subsections (c) and (d) for an employee or contractor of a utility services provider acting within the scope of employment while responding to a utility emergency.^[1]

A definition of commercial motor vehicle comes from O.C.G.A. 40-5-142(7) rather than from Section 40-6-241 itself. Section 40-5-142 sits in Title 40, Chapter 5 (Drivers' Licenses), Article 7 (Commercial Drivers' Licenses), and its definitions are stated for use in that article. Paragraph (7) reaches a motor vehicle designed or used to transport passengers or property if the vehicle has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating as determined by federal regulation. It also reaches a vehicle designed to transport 16 or more passengers, including the driver. It further reaches a vehicle transporting placarded hazardous materials, a term defined in Section 40-5-142(18), or a listed select agent or toxin. Paragraph (7) provides that, "for the purposes of this article," no agricultural vehicle, commercial vehicle operated by military personnel for military purposes, recreational vehicle, or fire-fighting or emergency equipment vehicle is considered a commercial motor vehicle. Under paragraph (7), a fire-fighting or emergency equipment vehicle means "an authorized emergency vehicle" that is equipped with audible and visible signals and is subject to traffic regulations under Code Section 40-6-6. The commercial motor vehicle term also appears in O.C.G.A. 40-5-151, which sets disqualification periods for a truck driver or other person driving a commercial motor vehicle.^[4][5]

Section 40-5-142(12) states that a driver is a person who "drives, operates, or is in actual physical control of a commercial motor vehicle" in a place open to the general public for purposes of vehicular traffic, or a person required to hold a CDL. A truck driver at the controls of a commercial motor vehicle on a road open to public traffic fits that paragraph. Section 40-5-142(9) states that a conviction includes "a plea of guilty or nolo contendere accepted by the court," an unvacated adjudication of guilt, and a determination in a court of original jurisdiction or by an authorized administrative tribunal that a person "has violated or failed to comply with the law." Under Section 40-5-142(9), a conviction also includes an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, whether or not the penalty is rebated, suspended, or probated. O.C.G.A. 40-5-151, on disqualification from driving a commercial motor vehicle, attaches disqualification periods to such convictions. Code Section 40-6-6, on the traffic regulations that bind a fire-fighting or emergency equipment vehicle under paragraph (7), is outside this entry.^[4][5]

Device restrictions for all drivers under O.C.G.A. 40-6-241(b) and (c)

Section 40-6-241(b) states that a driver "shall exercise due care in operating a motor vehicle on the highways of this state" and shall not engage in actions that distract the driver from the safe operation of the vehicle. Court decisions decide how that due care standard applies to particular facts, and this entry does not cover those decisions. The duty in subsection (b) reaches truck drivers in the same words as other drivers. Section 40-6-241(g) separately excuses a truck driver's conduct under subsections (c) and (d) when, for example, it occurred while reporting a traffic accident.^[1]

Section 40-6-241(c) applies while an individual, including a truck driver, is operating a motor vehicle on any highway of this state. Under Section 40-6-241(c)(1), no individual may "Physically hold or support, with any part of his or her body" a wireless telecommunications device or a stand-alone electronic device. The bar on holding a wireless telecommunications device does not prohibit a truck driver's use of an earpiece, headphone device, or device worn on a wrist to conduct a voice based communication. Under Section 40-6-241(c)(2), no individual may "Write, send, or read any text based communication," such as a text message, instant message, e-mail, or Internet data, on either kind of device. That texting ban does not apply to a voice based communication automatically converted by the device into a message in written form, or to use of the device for navigation of the vehicle or for global positioning system purposes. Section 40-6-241(g) lifts each subsection (c) prohibition for a public safety first responder during the performance of official duties, among the other listed situations.^[1]

Section 40-6-241(c)(3) bars a truck driver or other individual from watching a video or movie on a wireless telecommunications device or stand-alone electronic device, other than watching data related to the navigation of the vehicle. Section 40-6-241(c)(4) bars a truck driver or other individual from recording or broadcasting a video on either kind of device, but it does not apply to electronic devices "used for the sole purpose of continuously recording or broadcasting video within or outside of the motor vehicle." A truck driver operating a motor vehicle on a highway of this state is subject to subsection (c)(3) and subsection (c)(4) on those terms. Section 40-6-241(g) also removes conduct from subsection (c) when it is done by an employee or contractor of a utility services provider responding to a utility emergency within the scope of his or her employment, or while in a motor vehicle which is lawfully parked.^[1]

Additional restrictions for commercial motor vehicles under O.C.G.A. 40-6-241(d)

Section 40-6-241(d) adds restrictions for truck drivers and other individuals while operating a commercial motor vehicle on any highway of this state. Under Section 40-6-241(d)(1), no such individual shall "Use more than a single button on a wireless telecommunications device to initiate or terminate a voice communication". Under Section 40-6-241(d)(2), no such individual shall reach for a wireless telecommunications device or stand-alone electronic device in such a manner that requires the driver to no longer be in a seated driving position or to no longer be properly restrained by a safety belt. Section 40-6-241(g) names subsection (d) alongside subsection (c), so the subsection (d) restrictions do not apply to conduct that occurred while reporting a traffic accident or while the truck driver is in a vehicle that is lawfully parked, among the other listed situations.^[1]

For truck drivers, the subsection (d) limits operate in addition to Section 40-6-241(c), whose holding, texting, video watching and video recording restrictions apply while an individual operates a motor vehicle on a highway of this state. A truck driver operating a commercial motor vehicle on such a highway is subject to subsection (d) in addition to subsection (c). Section 40-6-241(g) lifts subsections (c) and (d) for a public safety first responder during official duties and in the other listed situations. O.C.G.A. 40-5-142 introduces its definitions, including the commercial motor vehicle definition in paragraph (7), with the words "As used in this article", meaning Article 7 of Chapter 5, while Section 40-6-241 sits in Article 11 of Chapter 6.^[1][4]

Exceptions in O.C.G.A. 40-6-241(g)

For truck drivers and other individuals, Section 40-6-241(g) provides that subsections (c) and (d) shall not apply when the prohibited conduct occurred while reporting a traffic accident, medical emergency, fire, an actual or potential criminal or delinquent act, or a "road condition which causes an immediate and serious traffic or safety hazard". The subsection also excuses conduct by an employee or contractor of a utility services provider acting within the scope of his or her employment while responding to a utility emergency, with utility services carrying the Section 40-6-241(a)(2) definition. It further excuses conduct 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. Subsection (g) also reaches conduct "While in a motor vehicle which is lawfully parked".^[1]

Section 40-6-241(g) names only subsections (c) and (d), lifting them in the listed situations such as a truck driver's conduct in a lawfully parked vehicle. Its list does not include subsection (b), the duty of due care that rests on each driver, a truck driver included, operating a motor vehicle on the highways of this state.^[1]

Penalties under O.C.G.A. 40-6-241(e) and (f) and serious traffic violation status

Section 40-6-241(e) states that "Each violation of this Code section shall constitute a separate offense." Except as provided in Section 40-6-241(f)(2), a person convicted of violating the Code section, a truck driver included, is guilty of a misdemeanor under Section 40-6-241(f)(1). A first conviction, with no conviction of and no plea of nolo contendere accepted to a charge under the Code section within the previous 24 month period, carries a fine of not more than $50.00. For a truck driver or other person, a second conviction within a 24 month period carries a fine of not more than $100.00. A third or subsequent conviction within a 24 month period carries a fine of not more than $150.00. Each 24 month period is measured "from the dates any previous convictions were obtained or pleas of nolo contendere were accepted to the date the current conviction is obtained" or the current plea of nolo contendere is accepted. At each level, notwithstanding Chapter 11 of Title 17 and other contrary law, the costs of prosecution shall not be taxed, no additional penalty or fee may be assessed, and no surcharge to the fine may be assessed. Under Section 40-6-241(f)(2), a person appearing before a court for a first charge of violating subsection (c)(1) who produces in court a device, or proof of purchase of such a device, that would allow compliance with that paragraph in the future shall not be guilty of the offense. The court shall require that person to affirm that they have not previously utilized that privilege. Section 40-6-241(g), in turn, removes conduct from subsections (c) and (d) when it occurred in a listed situation, such as conduct of a law enforcement officer or firefighter during official duties.^[1]

O.C.G.A. 40-5-142(22) defines a serious traffic violation by reference to a conviction of listed offenses, and paragraph (22)(J) lists "Use of a wireless telecommunications device in violation of Code Section 40-6-241 while driving a commercial motor vehicle." For a truck driver, the conviction in that listing carries the Section 40-5-142(9) definition. For truck drivers, O.C.G.A. 40-5-151(f) provides disqualification from driving a commercial motor vehicle for not less than 60 days if convicted of two serious traffic violations arising from separate incidents within a three-year period. The same subsection provides not less than 120 days if convicted of a third or subsequent serious traffic violation arising from separate incidents within a three-year period, with each period "measured from the dates of arrests for which convictions were obtained." Under Section 40-5-151(l)(1), a subsection (f) disqualification becomes effective on the date that the department processes the citation or conviction, unless such a disqualification is already in effect, in which case the later one does not take effect until the current disqualification expires.^[4][5]

Commercial driver standards in O.C.G.A. 40-1-8(h) and related provisions

For truck drivers, O.C.G.A. 40-1-8(h) provides that, unless otherwise provided by law, "a motor carrier or operator of a commercial motor vehicle shall comply with present regulations." Under Section 40-1-8(a)(3), present regulations means "the regulations promulgated under 49 C.F.R. in force and effect on January 1, 2026." Unless otherwise provided by law, Section 40-1-8(h)(1) requires compliance with the safety standards in 49 C.F.R. Part 391, and Section 40-1-8(h)(2) requires compliance with the safety standards in 49 C.F.R. Part 392, including the seatbelt usage requirements in 49 C.F.R. Section 392.16. Unless otherwise provided by law, Section 40-1-8(h)(3) requires compliance with the hours of service and record of duty status requirements of 49 C.F.R. Part 395. Section 40-1-8(e) authorizes the commissioner of public safety to adopt rules and orders for enforcement of the Code section and to establish such exceptions or exemptions from its requirements as the commissioner deems appropriate, consistent with any federal program requirements. Section 40-1-8(e) also ties those exceptions or exemptions to the protection of the public health and to the protection of public safety and welfare. O.C.G.A. 40-1-100 defines its terms "As used in this part," and paragraph (12) defines "Motor carrier" by reference to motor vehicles "used in the business of transporting for hire persons, household goods, or property or engaged in the activity of nonconsensual towing" for hire "over any public highway in this state," subject to listed exclusions. Section 40-1-8 sits in Chapter 1, Article 1 (General Provisions), and Section 40-1-8(a) defines "Commissioner", "Department" and "Present regulations" for that Code section. The rest of O.C.G.A. 40-1-100, which defines other terms for its part, is outside this entry.^[3][2]

O.C.G.A. 40-1-8(d), on civil monetary penalties the commissioner may impose for violations relating to "driver and motor carrier safety and transportation of hazardous materials", is outside this entry. DPS Transportation Rulebook 1-390.5, which adds Department of Public Safety definitions such as agricultural vehicle and covered farm vehicle, is outside this entry. DPS Transportation Rulebook 1-396.9, on inspection of motor vehicles in operation and on out-of-service declarations, is outside this entry. Ga. Comp. R. & Regs. 570-38-1-.05, which adopts federal safety regulations as Department of Public Safety rules that "shall apply only to intrastate carriers and operations," is outside this entry.^[3][6][7]

See also: Flanagan Law truck accident practice

See also

On related publications

• Georgia truck-crash law notes (truckaccidentlawyer.wiki)
• Liability and comparative fault in Georgia (caraccidentlawyers.wiki)