Advocacy News – June 22, 2023
Legislation making it illegal to hold and use a mobile electronic device while operating a motor vehicle in Michigan will take effect June 30, making Michigan the 26th state to establish hands-free driving laws.
Texting while driving is already illegal in Michigan, but the new law would prohibit individuals from using cellphones while driving — unless it’s being used via a hands-free program or device, like Apple CarPlay, Android Auto, or physically mounted to a vehicle.
What the Law Prohibits
House Bills 4250, 4251, and 4252 are intended to reduce distracted-driving crashes and fatalities, making it illegal to “use a mobile electronic device to do any task, including, but not limited to” the following:
- Send or receive a telephone call.
- Send, receive or read a text message.
- View, record or transmit a video.
- Access, read or post to a social networking site.
The law makes holding or using a cell phone while driving a primary offense, meaning an officer could pull someone over and ticket them for this offense. The law specifically states, however, that police would not be allowed to search a driver solely because of this violation.
The legislation defines holding a cell phone or electronic device as physically supporting it with “any part of the hands, arms or shoulders.”
Potential Fines
Drivers caught violating the rules would face fines and/or be required to perform community service.
If a person is caught holding or using a cell phone, or mobile electronic device, while driving a regular motor vehicle, they would face the following fines:
- First violation: $100 fine or 16 hours of community service, or both.
- Second or subsequent violation: $250 fine or 24 hours of community service, or both.
- If 3 violations occur within a 3-year period: The driver would be ordered by the court to complete a drive-improvement course.
If a person driving a commercial vehicle or a school bus is caught holding or using a cell phone, they would face the following fines:
- First violation: $200 fine or 32 hours of community service, or both.
- Second or subsequent violation: $500 fine or 48 hours of community service, or both.
- Under the legislation, if a crash were to occur and the at-fault driver was holding or using a cell phone while driving, any civil fines would be doubled.
Exceptions
There are a few exceptions to the rules:
- Law enforcement, first responders and other emergency workers would not be prohibited from using a cell phone while performing official duties.
- Anyone calling or texting 911 to report an emergency or seek help.
Questions
Feel free to contact the MI Chamber team if you have any questions at info@michamber.com.