Michigan Law Bans All Cell Phone Use While Driving

Governor Gretchen Whitmer has signed into law a bill making it illegal to hold and use a mobile electronic device while operating a motor vehicle in Michigan. With the bill signing, Michigan becomes the 26th state in the U.S. to establish hands-free driving laws.

How did we get here?

In early May, the Michigan House and Senate passed House Bills 4250, 4251, and 4252 to amend parts of the Michigan Vehicle Code in an effort to reduce distracted-driving crashes and fatalities.

Texting while driving is already illegal in Michigan, but that law was instituted years ago, when cell phones and their capabilities were much different. The new law now makes all cell phone usage illegal while driving.

What’s in the new law?

The bill amends 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.

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 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 cell phone or electronic devise 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.

Law 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.
• The same exception goes for anyone calling or texting 911 to report an emergency or seek help.
• Drivers will still be allowed to use their GPS, but only if it's hands-free. 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 is allowed.

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