
As one of Georgia’s leading personal injury law firms, we can’t express enough the importance of knowing the laws surrounding driving and phone use. Not only will adhering to these road regulations keep you safe, but it will also ensure you avoid unnecessary fines and tickets. Furthermore, if you are in an accident, your personal injury claim can be affected by whether you or another driver was using the phone, possibly increasing or decreasing any compensation.
Why Device Rules Are Important
While every state may be different, it’s a good sign that Georgia has taken proactive measures to legally mandate how technology may be used in driving. Although phones and tablets may be useful and make driving easier in many cases, having clearly defined rules has many long-term advantages and protections:
- Road Safety: The primary goal is to reduce distractions and keep drivers focused on the road. Using phones or devices while driving increases the likelihood of accidents, injuries, and fatalities. By following these laws, drivers contribute to a safer environment for everyone on the road.
- Legal Consequences: Violating the Hands-Free Act can lead to fines, points on your driving record, and even increased insurance premiums. Repeated offenses can escalate the penalties, leading to higher costs and potentially impacting your ability to drive legally.
- Preventing Distractions: Even brief moments of distraction, like checking a text or watching a video, can lead to accidents. By keeping phones and devices out of reach, drivers stay more attentive to their surroundings, reducing the risk of crashes.
- Setting a Good Example: Following these rules sets a positive example for other drivers, especially young or inexperienced drivers — reinforcing the importance of safe driving habits.
- Protecting Your Reputation: A violation of the Hands-Free Act can be recorded on your driving history, which could negatively impact your reputation with employers, insurance companies, and others who rely on your ability to drive safely.
By complying with these laws, you’re not just avoiding penalties but building a safer driving culture to protect yourself and others on the road.

Georgia’s Driving Laws and Devices
Since July 1st, 2018, Georgia’s roads have operated under the Hands-Free Act. This law means that no drivers should be operating a vehicle while physically holding and using a cell phone or any other electronic device. Instead, you can use hands-free technology like a Bluetooth headset to take calls.
As you can imagine, with such advancements in technology, including smartphones and GPS systems, simply saying “hands-free” isn’t always clear. Many people use other devices, such as tablets, to adjust GPS routes, stream music, or send messages while driving.
While seemingly minor, these activities are considered violations under Georgia’s Hands-Free Act if they require any manual input or visual attention that takes your focus off the road. Below, we’ll look at the specifics of using a device as the law defines it.
Using Devices While Driving in Georgia
Code O.C.G.A. §40-6-241(c) outlines specific rules regarding the use of wireless telecommunication devices, such as cell phones, and standalone electronic devices, like iPads, while driving. Standalone devices are defined as equipment capable of sending, receiving, or storing audio and video data.
No Physical Holding or Supporting of Devices
The code states: “No individual shall physically hold or support, with any part of his or her body, a wireless telecommunications device or standalone electronic device.”
This means you cannot use your shoulder to support a phone, place a device on your lap, or physically hold a device in any way, even if both hands are on the wheel.
While physically holding or supporting these devices is prohibited, exceptions allow for hands-free options such as:
- Earpieces
- Headphones
- Wrist-worn devices for voice communication.
No Text-Based Communication
The code prohibits drivers from writing, sending, or reading any text-based communication, including text messages, emails, and internet data. However, there are exceptions:
- Drivers can use voice-to-text communication that automatically converts speech into written messages.
- Devices can also be used for navigation or GPS purposes.
No Watching Videos or Movies
Drivers are not allowed to watch videos or movies on electronic devices unless the content is related to vehicle navigation data. This ensures that the focus remains on the road.
No Video Recording or Broadcasting
Recording or broadcasting video on a wireless telecommunications device or standalone electronic device is prohibited. The exception is for devices that are specifically designed for continuous recording or broadcasting, such as dashcams, which are allowed to record video inside or outside the vehicle.
These restrictions are designed to minimize distractions and improve road safety, ensuring that drivers stay focused while driving their vehicles.
Listening to Music
Drivers are allowed to listen to streaming music that doesn’t include videos on their phone or device while driving, but they cannot touch their phones to activate or control music streaming apps while on the road.
However, streaming music that is controlled through the vehicle’s radio is permitted. If drivers need to touch their phones to set up or program their music, they must do so before driving.
Commercial Drivers and Device Use in Georgia
Commercial drivers have some exceptions under Georgia’s Hands-Free Act. They are allowed to use their wireless devices for work-related purposes while driving, but only in specific circumstances.
For instance, commercial drivers, such as truck drivers and taxi drivers, can use a phone for dispatch communication or other job-related tasks as long as the device is not physically held or supported.
This exception applies only when the device is being used for work and not for personal communication or entertainment. Even with these exceptions, commercial drivers must comply with all safety requirements to minimize distractions while driving.

Fines for Using a Device While Driving in Georgia
If you are caught using a device while driving, an officer will allocate the appropriate fine depending on whether it’s the first time or a repeated violation. According to the Governor’s Office of Highway Safety:
- First offense: $50 fine and one point on the driver’s license.
- Second offense: $100 fine and two points.
- Third or more offenses: $150 fine and three points.
These higher fines only apply if the second or third offense occurs within 24 months of the first. First-time offenders can have the charge dropped by proving they have obtained a hands-free device for phone use.
Points remain on a license for up to two years in Georgia. It’s important to avoid any points on your license as they can dramatically increase your insurance costs.
The Highest Cost: Distracted Driving Accidents in Georgia
Distracted driving remains a major concern in Georgia, contributing to a significant number of accidents and fatalities. According to the 2023 Georgia Traffic and Safety Facts report, in 2021, the state recorded 1,670 fatal crashes, resulting in 1,797 traffic fatalities — the highest number since 2006.
Nearly half (49%) of these fatal crashes involved at least one driver engaging in risky driving behaviors. Over half (54%) of all drivers involved in traffic accidents that year were “confirmed or suspected” of distracted driving. A 2023 Georgia Distracted Driving Observational Survey also revealed that one in five drivers in Georgia were distracted while driving, which includes activities such as cell phone use.
The 2022 GTFS report highlighted that more than 75% of distraction-related crashes in Georgia involved another vehicle or a pedestrian/bicyclist, with 13% of those seriously injured or killed being pedestrians or bicyclists.
These statistics show that although laws are in place, much work remains to get people to adhere to them more strictly. We need to worry about not only fines and points but also injuries and loss of life.
Hands-Free Driving and Personal Injury
Using a phone or device while driving increases the risk of accidents and can seriously impact personal injury claims. If you’re involved in a crash and found to be violating Georgia’s Hands-Free Act, it could affect your case in several ways:
- Negligence: If you’re caught using a phone or device, it’s considered negligent driving. In personal injury cases, this can be a key factor in proving liability, which could lead to higher compensation for the victim.
- Insurance Impact: Insurance companies often base settlements on the details of an accident. If a driver is found using a device, it could lead to higher claims and potentially affect your insurance premiums.
- Comparative Negligence: In Georgia, damages can be reduced based on how much fault each party holds. If the other driver was distracted by their phone, it could affect the amount of compensation you receive in an injury case.
Staying compliant with the Hands-Free Act not only helps keep the road safer but protects a potential personal injury case and keeps your reputation as a responsible driver intact.
Stay Safe While Driving
It’s never been more important to put concentration and thoughtfulness first when driving. As we use our devices for navigation and radio, they should strictly be set up for that alone before you start moving the car and only used if the vehicle is safely parked. If you feel you need to adjust your phone, simply try to pull over and adjust any settings. It may seem like extra work, but it can protect lives and save you from any legal trouble.
FAQs
1. In what states is it illegal to talk on the phone while driving?
In the U.S., every state has some laws regarding phone use while driving, but the specifics vary. Some states have complete bans on handheld phone use, while others allow it only for hands-free use. States like California, New York, and Georgia have strict hands-free laws. Check local traffic regulations for state-specific rules.
2. What are the penalties for using a phone while driving in Georgia?
In Georgia, using a phone while driving can result in fines ranging from $50 to $150 and points on your driver’s license. Repeat offenses within 24 months incur higher fines.
3. Can I use my phone for navigation in Georgia?
Yes, but only if it is set up before you start driving. While driving, you must not physically interact with the phone, but you can use hands-free devices for navigation.
If you’re in Georgia and need advice on driving-related accidents or injuries, contact The McGarity Group for a free case consultation.