The General Assembly in Georgia passed a bill that would make
"it against the law to text and drive as well as manipulate the phone to
check social media accounts or send and check emails. That law applies when a
motorist is stopped at a red light." "The law, as written now, requires
police to make a distinction between using the phone and texting or scrolling
on social media sites."
"If you are holding the device, you are violating the law
(Williams, 2018)," plain and simple.
Georgia Hands Free Device Act
Effective July 1, 2018, pursuant to 40-6-241(c),
all drivers operating a motor vehicle on any highway of this state are
prohibited from:
·
Holding or supporting, with any part of the
body, a wireless telecommunications device or stand-alone electronic device.
·
Writing, sending or reading any text-based
communication, including a text message, instant message, e-mail or internet
data.
·
Watching, recording, or broadcasting a video or
movie (Georgia, 2018).
Recent Supreme Court decisions on law enforcement using or
retrieving cellphone data while stopping a motorist for distracted driving says
that they need a warrant to retrieve the data from the phone. But because of "undercover
spotters," there might be an exception to the rule of retrieval as
"undercover spotters who look for offenders detail of violation and radio
motorcycle officers who execute stops (Williams, 2018);" if the phone
call, text message, app usage, etc. are recent, so they can use this
information in court. As a result,
"a conviction for distracted driving in Columbus Recorder's Court carries
a fine and court costs of $200.63. The
Senate version of the distracted driving bill, which is called "The Hands
Free Georgia Act," would set the fines at $50 for the first offense, $100
for the second offense and $150 for the third time a motorist is convicted. The
House version set a flat fine of $300 per violation (Williams,
2018)." "And that is what
Columbus police have been doing since June 1 when it did its first of four
distracted driving undercover details. They wrote 389 citations for a number of
traffic violations during those operations, the most recent of which was
Wednesday morning at Bradley Park Drive and Veterans Parkway at 13th Street
(Williams, 2018)." The Hands Free
Device Act focuses on manipulation of devices like the cellphone, but not other
forms of distraction that motorist is guilty of on a daily basis. Other forms
of distracted driving include Cognitive Distractions
like, Highway Hypnosis or Velocitation. Cognitive
Distractions cause the driver’s mind to not be focused on the task of
driving. Visual Distractions, like a naked man or woman in public, a lion in
the middle of the street, a person being murdered or beat by another person,
etc.; and third is Manual Distractions. “Manual
distraction is when the driver takes one or both hands off
the wheel for any reason. Some common examples include eating and
drinking in the car, adjusting the GPS, or trying to get something
from a purse, wallet, or briefcase. And
the last here is what the Hands Free
Device Act focuses. The length of porosity
in these laws will be grounded-out and re-worked in future court decisions as
violations of the Hands Free Device Act
are challenged.
Alternatives to Manipulating the Phone with hands or body while driving
Jupiter Jack came out in 2009 when laws for texting while driving
became a problem. The Hands Free Device Act make old texting
and driving laws look “overly vague” and do not make a relation to warrantless
searches of cellphone data upon being detained for violation of distracted
driving. Alternatives to holding the
phone without hands or any part of the body
while driving can be solved through voice commands and other hands-free devices,
like Jupiter Jack. Other devices include
Bluetooth headsets, Hands-Free Car Kits (HFCK), and Personal Navigation Devices
(PND). Most, if not all, are already in
use by everyday commuters, they just are not ‘household items,' and this is
what the Hands Free Device Act plans
on making them. Hands Free apps can be
used by parents or themselves to "monitor teens’ cell phone use while
driving by using apps like Drive Safe Mode and Lifesaver. Other apps like
AT&T's DriveMode blocks notifications and can send automatic replies to
incoming texts. The Mojo app is another
option. Mojo tracks your driving and rewards you for going long periods of time
without using your phone (Lewis, 2015)."
"Using voice commands to send texts would be allowed under HB
673. Apps like Drivesafe.ly read text
messages aloud, so you don't have to check them manually. Many cars also have built-in Bluetooth
capabilities that allow drivers to play music on their phones and make phone
calls hands-free. You can also connect
your phone to Bluetooth devices that can be plugged into your car's cigarette
lighter. Many of these devices are sold online (Lewis, 2015)."Talking on the phone as his load shifted and his truck overturned!
About 6-7 years ago, as I walked down 5th Avenue, past the
Greyhound bus station and Ma Rainey's house, I saw a tractor-trailer carrying
lumber, which had overturned on Veterans Parkway and 8th Street here in
Columbus, Georgia. From my
understanding, the driver was talking on the phone, with a phone in hand; and
as he turned the corner, his load shifted and his truck overturned. "In
2012, a federal law went into effect banning the use of handheld cellphones
while operating a commercial truck. The law includes interstate truck drivers
and bus drivers as well as drivers who transport "placardable quantities
of hazardous materials" (Queener, 2014)." The paragraph in Distracted Driving still a problem for
Truckers brought to mind the memory of this incident, as well as a video I
saw on Youtube of two semis colliding on the highway at full speed as they
skewed the same curve of road. "Reading
Maps or GPS devices are common, since truckers often travel in areas that they
are unfamiliar with, it is a prevalent practice for them to take their eyes off
of the road to look at directions (Queener, 2014)."https://queenerlaw.com/blog/distracted-driving-still-problem-truckers/ 
"Nobody should text
and drive, but perhaps adults just might, at least most of the time, have the
capacity to act like adults without the government dictating their every move,
down to whether or not they can take a sip of coffee or change the song playing
on their stereo (Morefield, 2017)." Lastly, "even though devices,
voice commands, and notification-blocking apps may help curb dangerous driving
habits, they don't eliminate all risks (Lewis, 2015)." Hands Free doesn't mean that it is 100%
accident safe.
References
Georgia. (2018, 06 06). Press Releases (HB673).
Retrieved from Georgia:
https://dds.georgia.gov/press-releases/2018-06-06/hands-free-georgia-law-hb673
Lewis, K. (2015, April 4). FM
WABE. Retrieved from
https://www.wabe.org/devices-apps-driving-hands-free-georgia/
Morefield, S. (2017, April 6). Politics
and Policy. Retrieved from National Review:
https://www.nationalreview.com/2017/04/distracted-driving-bans-slippery-slope/
Queener, L. O. (2014). Queener
Law firm. Retrieved from Queener Law.com:
https://queenerlaw.com/blog/distracted-driving-still-problem-truckers/
Williams, C. (2018, March 28).
Proposed Georgia law would take cellphone out of your hands while driving. Columbus
Ledger-Enquirer. Retrieved from
https://www.ledger-enquirer.com/news/local/crime/article207177889.html
