Chapter 2: Traffic Laws & Safe Driving

Traffic laws alone cannot regulate every type of driving situation that may occur. There are some general rules which drivers should understand and follow. Read this chapter with care. These safety tips might help you avoid a crash, serious injury, or even death. These are only general statements and cannot dictate your actions in all situations. It is up to you to evaluate the situation and decide the best course of action.

  • Occupant Safety (O.C.G.A. §40-8-76): Georgia Law requires that each occupant in a front seat be restrained by a seat belt.
  • The Hands-Free Georgia Act (O.C.G.A. §40-6-241) prohibits the use of handheld devices while driving a motor vehicle.

Traffic Laws

Safety Belts

O.C.G.A. §40-8-76.1 requires that each occupant of the front seat of a passenger vehicle, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208. In Georgia, the term “passenger vehicle” means every motor vehicle, including, but not limited to, pickup trucks, vans, and sport utility vehicles designed to carry 15 passengers or fewer and used for the transportation of persons.

Safety belts have proven to be the most effective occupant protection in all types of vehicle crashes. Using safety belts correctly is a health care habit that, in the event of a crash:

  • helps you keep control of the vehicle,
  • helps keep your head from striking the dash or windshield,
  • helps keep people in the vehicle from hitting each other,
  • helps spread the crash force across the stronger parts of the body, and
  • helps keep you from being ejected from the vehicle.

Moreover, when used correctly, safety belts are effective at helping reduce the risk of death or serious injury. For this reason, safety belt use is encouraged for the driver and all car occupants.

Safety Restraints for Children

O.C.G.A. §40-8-76 requires children under 8 years of age be properly secured in an approved car seat or booster seat while riding in passenger automobiles, vans, and pickup trucks. The car seat or booster seat must be in the rear seat, be appropriate for the child’s weight and height, and be installed and used in accordance with the manufacturer’s instructions. The restraint system must comply with the United States Department of Transportation Federal Motor Vehicle Safety Standard 213. Taxicabs and public transit vehicles are exempt from this law.

Distracted Driving

Distracted driving is one of the fastest growing safety issues. According to the National Highway Traffic Safety Administration (NHTSA), 3,142 people were killed on U.S. roadways in 2020 because of distracted drivers. There were 202 teens between the ages of 15 to 19 killed in distraction affected crashes in 2018 (for more information see: Governor’s Office of Highway Safety (GOHS)). Distracted driving is doing another activity while driving. This takes the driver’s attention away from the primary task of driving and increases the risk of crashing. Common distractions include but are not limited to talking on a cell phone, texting, reading, eating, grooming, using a navigation device, and adjusting the stereo system. The presence of passengers and pets can also increase crash risk. Georgia law requires drivers to exercise due care in operating a motor vehicle and prohibits any action that distracts the driver from the safe operation of such vehicle.

Texting and Driving

The Hands-Free Georgia Act (O.C.G.A. §40-6-241) requires drivers (any age, any license type) to refrain from physically holding or supporting a wireless telecommunications device for any reason while operating a vehicle. Under this law, drivers are also prohibited from writing, sending, or reading any text-based communication and watching, recording, or broadcasting videos on a wireless communications device while operating a motor vehicle. Wireless communications device includes cellular telephones, portable telephones, text-messaging devices, personal digital assistants, computers, and any other portable wireless devices used to initiate or receive communication, information, or data. The phone or device can only be used with an earpiece, wrist device, mounted phone holder, or through the vehicle's Bluetooth connection. Penalties are fines and points added to your driving record that increase for each conviction.

Penalties
  • 1st conviction — 1 point and fine not more than $50.00
  • 2nd conviction — 2 points and fine not more than $100.00
  • 3rd or more convictions — 3 points and fine not more than $150.00
Take the Pledge
  • Teens can commit to distraction-free driving by taking the pledge to:
  • Protect lives by never texting or talking on the phone while driving.
  • Be a good passenger and speak out if the driver is distracted.
  • Encourage friends and family to drive distraction-free.

The Parent/Teen Driving Agreement available in this manual can be used to take a pledge against distracted driving.