2018 DDS Legislative Update
HB 673
- The “Hands-Free Georgia Act”
- Failure to Exercise Due Care should now be reported as § 40-6-241(b)
- No longer should be reported as § 40-6-241
- Unlawful Use of Wireless Device should now be reported as § 40-6-241(c)
- No longer reported as § 40-6-241.1 or § 40-6-241.2
- Applies to drivers of any age in a non-CMV vehicle
- Unlawful Use of Wireless Device in CMV should now be reported as § 40-6-241(d)
- No longer reported as § 40-6-241.2
- First conviction/nolo plea for any conviction of § 40-6-241 within 24 months as measured by date of convictions:
- $50 fine, no surcharges
- Second conviction/nolo plea for any conviction of § 40-6-241 within 24 months as measured by date of convictions:
- $100 fine, no surcharges
- Third or subsequent conviction/nolo plea for any conviction of § 40-6-241 within 24 months as measured by date of convictions:
- $150 fine, no surcharges
- The DDS will assess points for any conviction of § 40-6-241 as follows:
- First conviction – 1 point
- Second conviction – 2 points
- Third or subsequent conviction – 3 points
- Nolo rules and the zero points order provision would apply regarding the assessment of points
- Exception: a person appearing in court for a first charge of physically holding or supporting a wireless device with any part of the body who produces in court a device or proof of purchase of such device that would allow such person to comply in the future shall not be guilty of the offense
- The court shall require the person to affirm that they have not previously utilized this privilege
- For more info, go to http://www.headsupgeorgia.com/handsfree-law/
- Effective July 1, 2018, for offenses occurring on or after July 1, 2018
HB 978
- Provides for automated traffic enforcement safety devices in school zones
- Civil enforcement of violations – not reported to the DDS
- Enforcement penalties through the Dept of Revenue (vehicle tag and title)
- Effective July 1, 2018
SB 407
- The Criminal Justice reform bill
- 40-5-76(a), an accountability court judge may order the DDS to:
- Reinstate the suspension for any offense that was adjudicated in that judge’s accountability court,
- Issue a limited permit, with or without an interlock requirement, for one year, or
- Suspend the license or permit while the customer is a participant in the accountability court program.
- 40-5-76(b), a superior court judge or administrative law judge (OSAH) having subject matter jurisdiction over a child support case can order the DDS to:
- Reinstate a child support suspension,
- Issue a limited permit, with or without an interlock requirement, or
- Suspend the license or permit.
- For both options:
- Does not apply if the customer is revoked, canceled, or not a GA licensee.
- Reinstatement and permit fees must be either the fee normally required or no fee. The court cannot set the fee.
- New court order required to renew the permit one time after one year.
- Effective July 1, 2018
SB 409
- Changes in the legal codes for railroad grade crossing violations
- 40-6-140(a) should no longer be used
- The following should now be used:
- 40-6-140(b) – Failure to obey RR grade crossing restrictions
- 40-6-140(c) – Failure to obey RR grade crossing restrictions (driving around or over a RR barrier)
- 40-6-140(d) – Failure to slow for RR grade crossing
- 40-6-140(e) – Driving over RR grade crossing when train approaching
- 40-6-140(f) – Driving over RR grade crossing without sufficient space
- 40-6-140(g) – Driving over RR grade crossing without sufficient clearance
- Effective July 1, 2018 for offenses occurring on or after July 1, 2018