What Is The Hands Free Law In Georgia?

Distracted driving is a serious public safety hazard in Georgia. Texting and driving is perhaps the most dangerous—and, unfortunately, most common—example of serious distracted driving.

Georgia has a hands-free law that requires motorists to stay off their cell phones and other hand-held devices while behind the wheel. Indeed, under the law (O.C.G.A. § 40-6-241), drivers in Georgia are prohibited from holding their phone at all except in narrow situations. At The Larrison Law Firm, we are strong advocates for safe roads. Within this article, our Georgia car accident attorney provides a comprehensive guide to the state’s hands-free law.

Background: Distracted Driving is Dangerous—Especially With Cell Phones

Distracted driving is extraordinarily dangerous. Each year, thousands of people are hurt in motor vehicle crashes in Georgia that are caused by distracted driving. Of course, we now live in an era where most drivers have a cell phone with them at all times. Cell phone use while driving is one of the most common forms of distracted driving, and it is also one of the most hazardous. Cell phones distract drivers in three different ways at the same time:

A Manual Distraction: Your hands need to be free to drive safely. Holding or handling a phone takes a driver’s hands off the wheel. Even if only one hand is off the wheel, it can make it a lot harder to steer, brake, or otherwise react quickly.

A Visual Distraction: Looking at a phone—even if only seemingly for a split second—will take a driver’s eyes off the road. That is a major distraction. If you are going 50 miles per hour (MPH), your car goes more than the length of a football field in just four seconds.

A Cognitive Distraction: Cell phones also pose a cognitive distraction. Thinking about what you read or saw is distracting when you are driving. Beyond that, even voice-to-text or hands-free calls can divert mental focus away from the road.

An Overview of Georgia’s Hands-Free Law

The Hands-Free Georgia Act officially took effect on July 1st, 2018. It specifies multiple restrictions on using cell phones and other electronic devices while driving. Further, the law clearly defines what drivers can and cannot do and which devices the restrictions apply to. This Act outlines a number of limitations, including the following:

You Cannot Touch Your Phone While Driving: The core rule of Georgia’s hands-free law is that drivers need to put their phone down. Indeed, the law holds that no part of a driver’s body can touch a cell phone while driving.
No Sending or Reading of Texts (Unless Voice to Texts): Drivers cannot interact with the Internet or any data or written communications, such as reading or sending texts or emails or accessing social media, unless they use voice-to-text applications connected to their vehicles via Bluetooth.
Earbuds/Headsets are Allowed—But Only for Calls and Voice to Text: Under Georgia law, earbuds and headsets can only enable communications. Drivers should not use them for entertainment purposes, including listening to music.
You Can Use Your Phone to Stream Music, but Need to Park First: If drivers want to use their phones to stream music, they must initiate the streaming while parked. Setting up or changing your music while driving is dangerous.
You cannot Use Your Cellphone to Watch Videos: Recording or watching videos is prohibited in most instances. Using dash cams and navigational aids is acceptable. Even if you are not touching your phone, you cannot use it to watch television shows or movies.

Georgia’s hands-free laws apply to cell phones, tablets, laptops, smartwatches, and similar devices.

Two-way radios for commercial or emergency uses, navigation devices, vehicle radios, remote diagnostic systems, and prescribed medical devices are among the few types of equipment you can legally use while driving.

Know the Exceptions to Georgia’s Hands Free Cell Phone Law

Though strict, the Hands-Free Georgia Act has exceptions that allow drivers to use their phones in certain situations:

Emergency Exception: Any driver can use their phone to report an emergency to appropriate law enforcement agencies while driving.
First Responder Exception: First responders, including firefighters, police officers, EMS, and ambulance personnel, can use their phones while performing their official duties.
Utility Emergency Exception: Utility service providers can use their phones for work-related purposes when responding to utility emergencies.
School Bus Safety Exception: School bus drivers can use their phones as two-way radios to communicate with school public safety personnel while driving, but not when students enter or exit the bus.
Commercial Work Exception: Commercial drivers can use one button to initiate or end work-related calls as long as the device is within reach.

To be clear, the hands-free law in Georgia still applies when stopped at red lights. You cannot use your phone unless you are lawfully parked, which does not apply to stopping in traffic. There is a common misconception that you can use your cell phone at a red light. That is false. In Georgia, a driver who is stopped at a red light cannot lawfully touch their phone. The hands-free law forbids it.

Understanding the Penalties for Georgia’s Hands Free Law

There are penalties for violating Georgia hands hands-free law for cell phones and driving. Here is an overview of the penalties that you could face for a violation in 2025:

First Offense: A fine of up to $50 and one point on your driving record.
Second Offense: A fine of up to $100 and two points on your driving record.
Third (or Subsequent) Offense: A fine of up to $150 and three points on your driving record.

Points matter. Accumulating points can lead to increased auto insurance premiums and potential even the suspension of your license suspension. For drivers who are 21 years of age or older, a suspension is automatic for 15 points within a 24 month period.

Note: If a driver is violating Georgia’s hands free law and causes a crash, they could bear civil liability for the resulting damages.

How Our Georgia Auto Accident Attorneys Can Help

Car accident claims are complicated. If you suffered a serious injury in a crash caused by a distracted driver—whether they were violating Georgia’s hands-free law or they were driving while distracted more generally—it is imperative that you have skilled legal representation. At The Larrison Law Firm, we have the professional expertise you can trust. With millions in financial compensation secured for injured victims, our case results tell the story. You can set up your free, confidential, and no-obligation consultation with our Georgia car accident attorney today.

Georgia’s Hands Free Law for Driving: Frequently Asked Questions (FAQs)

What Exactly is Prohibited Under Georgia’s Hands-Free Law?

Georgia’s hands free law prohibits drivers from holding or supporting a phone with any part of their body while operating a vehicle. To be clear, that means that law is about more than just texting and driving. Prohibited conduct includes texting, dialing, watching videos, recording, or reading emails and messages. Even if stopped at a red light or in traffic, hand-held use is still illegal.

Can I Use My Phone for GPS Navigation While Driving in Georgia?

Yes, voice-to-text and GPS use are allowed—but only through hands-free technology. In effect, that means that you can legally use your phone for GPS navigation as long as you have set up a hands-free system for doing so. The phone must be mounted or placed in a position where you do not have to hold it, and you should input directions before you begin driving. If you need to change directions, you should safely pull over. Any interaction with the device while in motion, such as typing or manually adjusting the map, violates the law in Georgia.

Is Georgia’s Hands Free Law a Primary Offense?

Yes. Georgia’s hands free law is considered to be a primary offense. Why does that matter? It means local or state law enforcement officers can stop and cite drivers solely for using a handheld device while driving—without needing any other traffic violation to occur. Any form of cell phone use is sufficient. Remember, the law prohibits holding or supporting a phone with any part of the body while operating a vehicle unless one of the narrow exceptions applies.

Can I Still Recover Compensation if I Am Partially Responsible for an Accident in Georgia?

Yes. Georgia operates under a modified comparative fault standard. You can still recover financial compensation in Georgia even if you are found to be partially at fault for an accident, as long as you’re less than 50 percent responsible for the crash. However, your recovery will be reduced by your percentage of fault. For instance, if you are found 30 percent at fault for a crash in Georgia because of phone use, you would be responsible for 30 percent of your own damages.

Contact Our Georgia Distracted Driving Crash Attorney Today

At The Larrison Law Firm, our Georgia auto accident lawyer has extensive experience handling distracted driving accident claims. If you were hurt in a crash with a driver who was texting and driving or talking on the phone while driving, we can help.

Call us now or contact us online for a free, no-obligation initial consultation. With an office in Athens and an office in Loganville, we handle distracted driving accident claims throughout the wider region in Georgia.