'We're not going to have a grace period': Columbus police enforcing tougher distracted driving law
Columbus police, who have been cracking down on distracted driving for more than a year, are not playing games with the Georgia's new hands-free law that went into effect Sunday.
The law, passed by the General Assembly earlier this year and signed by Gov. Nathan Deal, makes it illegal to drive in the state while holding a cellphone or other electronic device. The old law had been less clear and created enforcement issues for police.
This law is clear and is being enforced immediately, said Columbus police Maj. Charles Kennedy, who oversees the Patrol Division.
"We're not going to have a grace period," he said. "Our officers will enforce this law as they see it happening. What we have told them to do is use discretion. We started enforcing it from Day 1."
That discretion, according to Kennedy, is whether to write a citation, which carries a fine and a 1-point driving record penalty on the first offense, or issue a warning ticket.
"We have told our officers if they see a violation, to stop the driver and take some type of enforcement action," Kennedy said.
▪ 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, email or internet data.
▪ Watching, recording, or broadcasting a video or movie.
The fines for the traffic offense escalate the more a motorist is cited. The first offense is a fine of up $50 and one point on the driver's record. It is $100 and two points for a second offense within 24 months and $150 and three points for a third offense within 24 months. The points on the driving record can impact insurance rates for the motorist.
If a motorist pays the fine as cited before the court date, the cost of the ticket will be the fine amount with no add-on charges for court costs that you find on some other violations.
The law has a one-time chance to pay no fine on the initial offense. If someone who has been cited under the law shows the court a device or proof of purchase of a device that will allow that driver to comply with the law, they will not be guilty of the offense, the law states.
Columbus police did not have the number of citations they have written under the new law.
Since June 1, 2017, Columbus police have conducted at least four distracted driving stings aimed at raising awareness of the problem locally. They have written more than 400 tickets during those operations, which are conducted during heavy traffic periods on major thoroughfares throughout the city.
The most recent sting was in March along Veterans Parkway in downtown Columbus. The 111 tickets written that day was the most yet in one of these details, according to police.
Sgt. Chris Anderson is one of the officers who has been at the center of the crackdown and he welcomes the clarity of the new law.
"It's a lot easier for us to handle the new law," Anderson said. "The law basically states you are not allowed to hold that phone with any portion of your body. You used to be able to ride down the road and see someone with their phone to their ear or their head leaning down toward the shoulder with the phone. Seeing somebody on the cellphone now, there is not going to be any question as to what they are doing."
There were a lot of questions about the enforcement of the old law, Anderson said.
"When we were running those stings, people would have the question: 'Well, I am stopped at a red light, why can't I be on my phone? I am at a stop sign, why can't I be on my phone?'" Anderson said. "Now, it's clear. The only time you can be on your phone is when you are stopped and properly parked off the roadway."
Kennedy does not see the new law as a punitive measure against motorist who use cellphones while driving, but a necessary step by lawmakers and law enforcement to deal with the serious issue that distracted driving has become.
"So many traffic-related serious injuries and fatalities are caused by this," Kennedy said. "The intent of this law is clear to me: It is to stop texting and driving. They took the steps they needed to take to send a message. The law is clear, you can't drive in Georgia with a cellphone in your hand."
Distracted driving is as serious, if not more so, than drinking and driving, Anderson said.
"If you could pull the true statistics of distracted driving and DUI driving, you would probably find more distracted driving causing accidents and deaths than DUIs,"he said. "It's that big of a problem."
There are several exceptions to the new law, including working law enforcement, someone reporting a crash or making a 911 call or some utility company employees.
It is not just Columbus police who are enforcing the law.
On the first day of the law, Georgia State Patrol issued 34 citations and 98 warnings statewide for distracted driving under the Hands-Free Georgia Act. The state patrol posts in LaGrange and Manchester, which cover this part of west Georgia, issued a combined four warnings and no citations. Georgia Patrol officers wrote no warnings in Muscogee County and only one in Harris County.