Bill Text: MI HB4198 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Traffic control: violations; prohibition of electronic communication while operating a motor vehicle; expand, and prohibit use of a cellular telephone by a minor while operating a motor vehicle. Amends secs. 602b & 602c of 1949 PA 300 (MCL 257.602b & 257.602c).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2020-02-05 - Re-referred To Committee On Ways And Means [HB4198 Detail]
Download: Michigan-2019-HB4198-Introduced.html
HOUSE BILL No. 4198
February 14, 2019, Introduced by Reps. Cole and Sheppard and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 602b and 602c (MCL 257.602b and 257.602c),
section 602b as amended by 2016 PA 332 and section 602c as added by
2012 PA 592.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 602b. (1) Except as otherwise provided in this section, a
person
shall not read, view, manually type, or send a text message
an interactive communication, or access, read, or post to a social
media site on a wireless 2-way communication device that is located
in the person's hand or in the person's lap, including a wireless
telephone used in cellular telephone service or personal
communication service, while operating a motor vehicle that is
moving on a highway or street in this state. As used in this
subsection, a wireless 2-way communication device includes a
computer but does not include a global positioning or navigation
system that is affixed to the motor vehicle. This subsection does
not apply to a person operating a commercial vehicle.
(2) Except as otherwise provided in this section, a person
shall
not read, view, manually type, or send a text message an
interactive communication, or access, read, or post to a social
media site on a wireless 2-way communication device that is located
in the person's hand or in the person's lap, including a wireless
telephone used in cellular telephone service or personal
communication service, while operating a commercial motor vehicle
or a school bus on a highway or street in this state. As used in
this subsection, a wireless 2-way communication device includes a
computer but does not include a global positioning or navigation
system that is affixed to the commercial motor vehicle or school
bus.
(3) Except as otherwise provided in this section, a person
shall not use a hand-held mobile telephone to conduct a voice
communication while operating a commercial motor vehicle or a
school bus on a highway, including while temporarily stationary due
to traffic, a traffic control device, or other momentary delays.
This subsection does not apply if the operator of the commercial
vehicle or school bus has moved the vehicle to the side of, or off,
a highway and has stopped in a location where the vehicle can
safely remain stationary. As used in this subsection, "mobile
telephone" does not include a 2-way radio service or citizens band
radio service. As used in this subsection, "use a hand-held mobile
telephone" means 1 or more of the following:
(a) Using at least 1 hand to hold a mobile telephone to
conduct a voice communication.
(b) Dialing or answering a mobile telephone by pressing more
than a single button.
(c) Reaching for a mobile telephone in a manner that requires
a driver to maneuver so that he or she is no longer in a seated
driving position, restrained by a seat belt that is installed as
required by 49 CFR 393.93 and adjusted in accordance with the
vehicle manufacturer's instructions.
(4) Subsections (1), (2), and (3) do not apply to an
individual who is using a device described in subsection (1) or (3)
to do any of the following:
(a) Report a traffic accident, medical emergency, or serious
road hazard.
(b) Report a situation in which the person believes his or her
personal safety is in jeopardy.
(c) Report or avert the perpetration or potential perpetration
of a criminal act against the individual or another person.
(d) Carry out official duties as a police officer, law
enforcement official, member of a paid or volunteer fire
department, or operator of an emergency vehicle.
(e) Operate or program the operation of an automated motor
vehicle while testing or operating the automated motor vehicle
without a human operator.
(5) Subsection (1) does not apply to a person using an on-
demand automated motor vehicle network.
(6) An individual who violates this section is responsible for
a
civil infraction and shall must
be ordered to pay a civil fine as
follows:
(a) For a first violation, $100.00.
(b) For a second or subsequent violation, $200.00.
(7) This section supersedes all local ordinances regulating
the use of a communications device while operating a motor vehicle
in motion on a highway or street, except that a unit of local
government may adopt an ordinance or enforce an existing ordinance
substantially corresponding to this section.
(8) As used in this section, "interactive communication" means
a text- or image-based communication including, but not limited to,
a text message, an instant message, or electronic mail.
Sec.
602c. (1) Except as provided in this section, an In
addition to the requirements of section 602b, an individual issued
a level 1 or level 2 graduated license under section 310e or an
individual who is under the age of 18 shall not use a cellular
telephone while operating a motor vehicle upon a highway or street.
For purposes of this subsection, "use" means to initiate a call;
answer a call; or listen to or engage in verbal communication
through the cellular telephone.
(2) Subsection (1) does not apply to an individual who is
using a cellular telephone to do any of the following:
(a) Report a traffic accident, medical emergency, or serious
road hazard.
(b) Report a situation in which the person believes his or her
personal safety is in jeopardy.
(c) Report or avert the perpetration or potential perpetration
of a criminal act against the individual or another person.
(3) Subsection (1) does not apply to an individual using a
voice-operated system that is integrated into the motor vehicle.
(4) An individual who violates this section is responsible for
a civil infraction.
(5) This section supersedes all local ordinances regulating
the use of a cellular telephone by an individual issued a level 1
or level 2 graduated license or who is under the age of 18 while
operating a motor vehicle in motion on a highway or street, except
that a unit of local government may adopt an ordinance or enforce
an existing ordinance substantially corresponding to this section.
(6) This section shall be known and may be cited as "Kelsey's
Law".
