Seat belts, child seats and phone laws in Georgia

By the end of this topic you can

• You can explain who must wear a seat belt in Georgia and where.
• You can describe the child restraint rules for children under 8.
• You can list what the Hands-Free Georgia Act bans and allows.
• You can state the points and fines for phone convictions.
• You can set up your car and phone to avoid distraction before moving off.

What you need to know and understand

• Everyone in the front seat must wear a seat belt, and every occupant under 18 must be belted in any seat.
• Georgia's seat belt law is primary: police can stop you for a seat belt violation alone.
• Children under 8 must ride in a child restraint suited to their height and weight, in a rear seat unless no suitable rear seat is free.
• A child under 8 who is taller than 4 feet 9 inches should use a seat belt instead of a car seat.
• Under the Hands-Free Georgia Act you may not hold or support a phone with any part of your body while driving.
• Hands-free convictions carry 1, 2 and then 3 points, with maximum fines of $50, $100 and $150.
• Being stopped at a red light does not count as lawfully parked, so the phone ban still applies.

Buckling up everyone

Georgia requires each front-seat occupant of a passenger vehicle, including pickups, vans and SUVs, to wear a lap and shoulder belt. Anyone under 18 must be belted wherever they sit. According to the Governor's Office of Highway Safety (GOHS), the driver can be fined for an unbelted passenger under 18.

Children under 8 need a child passenger restraint that fits their height and weight and meets the federal safety standard, installed as the maker directs. They should ride in the back unless there is no suitable rear position or all are taken by other children. A child restraint conviction adds 1 point for a first offense and 2 points for later offenses.

The Hands-Free Georgia Act

In force since July 1, 2018, the law applies to every driver on every license type, including permit holders. While driving you may not:

• Hold or support a phone or other electronic device with any part of your body.
• Write, send or read texts, instant messages, emails or internet content.
• Watch, record or broadcast video, apart from navigation and continuously running dash cameras.
• Allowed: calls through a hands-free system, earpiece or mounted phone, GPS navigation, and voice-to-text.
• Exceptions include reporting a crash, fire, crime, medical emergency or road hazard, and being lawfully parked.

Other distractions and penalties

Georgia law also requires drivers to use due care and bans any action that distracts from safe driving. Eating, grooming, adjusting the stereo, passengers and pets can all pull your attention away. You also may not wear headphones or other devices that stop you hearing traffic properly.

Phone convictions add points: 1 point and up to $50 for a first, 2 points and up to $100 for a second, and 3 points and up to $150 for a third or later. For a driver under 18, two phone tickets and one other moving violation could easily pass the 4-point limit. Our Hands-Free Georgia guide for teens covers this in depth.

Common mistakes

• Picking up the phone at a red light. You are not lawfully parked, so it is still a violation.
• Letting a young child ride in the front seat because it is a short trip.
• Typing a destination into GPS while moving. Set the route before you drive, or ask a passenger.
• Leaving rear-seat teenagers unbelted. Under 18, everyone must buckle up in every seat.

Test yourself: Seat belts, child seats and phone laws in Georgia

Answer each question, then read the explanation. Questions come in a random order each time.

Go deeper

• Hands-Free Georgia Act for Learner and Teen Drivers
• Georgia Joshua’s Law Explained
• Georgia Super Speeder Law and Points for New Drivers