Cellphone use while driving soon to be illegal in Michigan after Senate approval

New rules could take effect as soon as June 30

FILE - In this June 24, 2008 file photo, a driver talks on his mobile phone while driving in San Francisco. (AP Photo/Jeff Chiu, File) (Jeff Chiu, AP2008)

Legislation that would make it illegal to hold and use a cellphone while driving in Michigan is one step closer to becoming law, after the state Senate on Wednesday voted to pass the bills.

The Michigan House introduced three so-called hands-free driving bills in March, and approved those bills earlier this month. House bills 4250, 4251, and 4252 seek to amend the Michigan Vehicle Code in an effort to reduce distracted driving. The bills would modernize existing laws to match today’s technology and better specify what type of mobile device use is prohibited while driving.

The Michigan Senate voted on Wednesday, May 10, to pass the legislation -- though state senators also added an amendment saying the bills must take immediate effect, should they become law. The hands-free driving legislation now returns to the Michigan House for final approval before being sent to the Michigan governor to be signed. House approval is expected as early as Thursday.

Michigan Gov. Gretchen Whitmer said that she intends to sign these bills into law. If signed, the new driving rules would take effect on June 30.

Texting while driving is already illegal in Michigan, but that law was instituted years ago, when cellphones and their capabilities were much different. Michigan’s existing vehicle code states, in part, that drivers cannot “read, manually type, or send a text message on a wireless 2-way communication device that is located in the person’s hand or in the person’s lap.”

The hands-free driving legislation seeks to make all cellphone usage illegal while driving in Michigan -- not just texting.

What’s in the new bills

New legislation introduced in March would make any cellphone use that isn’t hands-free illegal, including scrolling, searching, calling, etc.

The language in the bills would amend Michigan law to make 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.

It would also become illegal to reach for a cellphone or mobile electronic device in a way that requires the driver to maneuver so that they’re no longer “in a seated driving position, restrained by a seat belt.”

The bills passed Tuesday would make holding or using a cellphone while driving a primary offense -- meaning that law enforcement could pull someone over and ticket them for this offense. The new legislation specifically states, however, that police would not be allowed to search a driver solely because of this violation.

The legislation defines holding a cellphone or electronic devise as physically supporting it with “any part of the hands, arms or shoulders.”

“Mobile electronic device” is defined in the legislation as any “electronic device that is not permanently installed in a motor vehicle, including, but not limited to, a device capable of text messaging, voice communication, entertainment, navigation, accessing the internet, or producing email.”

You can read the bills in full down below.

Potential fines

If the legislation does become law, 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 cellphone, 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 three violations occur within a 3-year period: The driver would be ordered by the court to complete a driver improvement course.

If a person driving a commercial vehicle or a school bus is caught holding or using a cellphone, 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 cellphone while driving, any civil fines ordered “must be double the amount that would otherwise be ordered.”

Exceptions to the rule

Should the legislation become law, there would be a few exceptions to the driving rules.

Law enforcement, first responders and other public emergency workers would not be prohibited from using a cellphone while performing official duties. The same exception goes for anyone calling or texting 911, a law enforcement agency or another emergency service to report an emergency or seek help.

Drivers would also not be prohibited from using their GPS, but only if they aren’t using and holding their phone to access it or type in information. Phones could be used as navigation systems so long as it is in a hands-free fashion, such as mounting it to the dashboard or using voice commands to control it.

Generally, using voice commands or hands-free modes to use mobile electronic devices would be allowed.

Next steps

The three House bills passed in the Michigan House on May 2. The bills were then referred to the Michigan Senate’s Civil Rights, Judiciary, and Public Safety Committee.

The bills were then reviewed by the Senate, which voted in favor of the bills on May 10. After the House gives the legislation its final approval, the bills will head to the Michigan governor’s desk to be signed.

If signed into law, Michigan would become the 26th state in the U.S. to establish hands-free driving laws.

If the bills become law, officials would then have to work with law enforcement officers to ensure they have the resources to pull over and cite drivers violating the laws. The state would also have to work to inform drivers of the new rules -- especially if they were to take effect by June 30.

Here are the bills in full, as passed by the Michigan Senate on May 10:

House Bill 4250

House Bill 4251

House Bill 4252


About the Author:

Cassidy Johncox is a senior digital news editor covering stories across the spectrum, with a special focus on politics and community issues.