Georgia Hands-Free Law: Rules, Penalties, and Exemptions

Georgia’s hands-free law, codified at O.C.G.A. 40-6-241, makes it illegal to hold or physically support a phone or other electronic device while driving on any road in the state. A first offense carries a fine of up to $50 and one point on your license, and the penalties climb from there. The rules cover calls, texts, video, and social media, with tighter restrictions for commercial drivers and a near-total device ban for drivers under 18.¹

What You Cannot Do Behind the Wheel

The core prohibition is physical contact. You cannot hold or rest a wireless phone, tablet, or any stand-alone electronic device against any part of your body while operating a motor vehicle on a Georgia highway. That covers cradling a phone between your ear and shoulder, resting it on your thigh while you type, or holding it up to record.¹

The statute also specifically bans:

Writing, sending, or reading text-based content, including texts, emails, instant messages, and social media posts.
Watching video, with a narrow carve-out for navigation data such as a GPS map.
Manually recording or broadcasting video from your phone or tablet.

The video rule trips people up. Tapping your phone to start recording while you drive is a violation. A dashcam mounted to your windshield that runs continuously without driver interaction is not, because the statute expressly permits devices used solely for continuously recording or broadcasting.¹

What Is Still Allowed

The law does not ban all device use. It bans holding the device or propping it against your body. You can make and take calls through Bluetooth, speakerphone, an earpiece, a headphone, or a watch. Voice commands for calls, texts, or navigation are fine. GPS and navigation apps are allowed as long as the device sits in a dashboard or windshield mount rather than in your hand.²

If your phone is in a cradle and you tap a single button to answer a call, that is the kind of minimal interaction the statute was designed to allow.

Penalties

Georgia uses an escalating structure tied to a rolling 24-month window. Both the fine ceiling and the points on your record go up with each offense.

First Offense

A first conviction carries a fine of up to $50 and one point on your driving record.³ There is a one-time escape valve. If it is your first charge under subsection (c)(1) of the statute (the holding prohibition), you can have the charge dismissed by bringing a hands-free device or proof of purchase to court. You have to affirm under oath that you have never used this privilege before.²

Second Offense

A second conviction within 24 months raises the fine ceiling to $100 and adds two points.³ The proof-of-purchase dismissal is no longer available.

Third and Later Offenses

A third or subsequent conviction within the same 24-month window carries a fine of up to $150 and three points.² The fine numbers are statutory maximums, and a judge may impose less. The points are fixed, and they stack with points from any other moving violation. Accumulating 15 points in a 24-month window results in a license suspension.⁴

When the Law Does Not Apply

The statute carves out a handful of situations where the hands-free requirement lifts.

The parked-vehicle exception is where drivers get caught out. Sitting in a parking spot or pulled safely off the road counts as parked. Stopped at a red light, sitting in traffic, or idling in a drive-through does not. The statute exempts a vehicle that is lawfully parked, not one that happens to be stationary.

Stricter Rules for Drivers Under 18

Georgia imposes a near-total device ban on novice drivers under 18. Teens with a learner’s permit cannot use wireless devices at all while driving, even through hands-free methods like Bluetooth or speakerphone. The only exception is calling 911 or other emergency services. This goes well beyond the adult rule. If you are under 18 and driving in Georgia, the safe approach is to put the phone away until you are parked.

Extra Rules for Commercial Drivers

Commercial drivers face two layers of regulation. Under Georgia’s statute, they cannot press more than a single button to start or end a voice call, and they cannot reach for a device in a way that takes them out of their seated driving position or out of their seatbelt.¹

Federal rules stack on top. Under 49 CFR 392.82, no driver of a commercial motor vehicle in interstate commerce may use a handheld mobile phone while driving, and no motor carrier may allow or require it.⁵ The federal definition of “driving” includes sitting in traffic or at a light; you must pull off the highway and stop safely before touching a handheld device.

Federal penalties are far steeper than the state fines. Drivers face civil penalties of up to $2,750 per violation, and employers who allow or require handheld phone use can be fined up to $11,000. Repeat violations can disqualify a driver from operating a commercial vehicle.⁶ The only federal exception is contacting law enforcement or emergency services.⁵ A CDL holder cited under both state and federal rules for the same incident faces state points on the driving record and a federal fine that threatens the license itself.

Insurance and Civil Liability

Points from hands-free violations sit on your Georgia driving record, and insurers review those records when setting premiums. A single point from a first offense can be enough to signal higher risk, and repeat violations within a 24-month window make rate increases more likely.

The civil exposure is larger. Georgia recognizes negligence per se for traffic law violations, meaning that if you were holding a phone when you caused a crash, the violation itself can serve as evidence of negligence in a civil lawsuit. The injured party does not have to separately prove carelessness. For drivers on the job, that exposure extends to the employer under respondeat superior when the crash occurs within the scope of employment.

The Gray Area Around “Hold or Support”

The statute is not a model of clarity. Legal scholars writing in the Georgia Law Review have noted that the act contains “ambiguous and uncertain language that fails to apprise drivers of the legal and practical consequences of their actions.”⁷

The biggest gray area is what it means to physically hold or support a device. If your phone sits in your lap and you glance at it, did your leg “support” it? If you tap a phone in a cup holder to dismiss a notification, did you violate the law? The statute does not draw those lines, and Georgia courts have not produced definitive rulings resolving them. Officers have wide discretion, and enforcement can be inconsistent. The practical rule: mount the phone in a cradle, use voice commands, and do not touch the device while the car is moving. That removes the ambiguity.

1
Justia. Georgia Code 40-6-241 – Distracted Driving Restrictions on Operation of Wireless Telecommunications Devices and Stand-Alone Electronic Devices Penalty Exceptions
2
FindLaw. Georgia Code 40-6-241 – Hands-Free Law
3
Georgia Department of Driver Services. Chapter 2 Traffic Laws and Safe Driving
4
Georgia Department of Driver Services. Points and Points Reduction
5
eCFR. 49 CFR 392.82 – Using a Hand-Held Mobile Telephone
6
Federal Motor Carrier Safety Administration. Mobile Phone Restrictions Fact Sheet
7
Georgia Law Review. Legal Work Ahead Potential Potholes for the Hands-Free Georgia Act