Bill Text: MI HB4277 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Traffic control: violations; penalties for operating a vehicle while sending or receiving a message on an electronic wireless device; enhance. Amends sec. 602b of 1949 PA 300 (MCL 257.602b). TIE BAR WITH: HB 4278'21, HB 4279'21
Spectrum: Moderate Partisan Bill (Democrat 8-2)
Status: (Engrossed - Dead) 2022-06-30 - Referred To Committee Of The Whole With Substitute (s-1) [HB4277 Detail]
Download: Michigan-2021-HB4277-Introduced.html
HOUSE BILL NO. 4277
February 23, 2021, Introduced by Reps.
Manoogian, Bellino, Mueller, LaGrand, Witwer, Tyrone Carter, Tate, Sabo,
Hertel and Haadsma and referred to the Committee on Judiciary.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 602b (MCL 257.602b), as amended by 2016 PA 332.
the people of the state of michigan enact:
Sec. 602b. (1) Except as otherwise provided in this section, a person shall not read, manually type, or send a text message on a wireless 2-way communication use a mobile electronic 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 or a school bus. that is moving on a highway or street in this state. As used in this subsection, a wireless 2-way communication device 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) Subsection (1) does not apply to any of the following situations:
(a) A law enforcement officer, firefighter, emergency medical technician, paramedic, operator of an authorized emergency vehicle, or similarly engaged paid or volunteer public safety first responder during the performance of that person's official duties, and a public utility employee or contractor acting within the scope of that person's employment when responding to a public utility emergency.
(b) The use of a mobile electronic device for emergency purposes, including a text messaging device to contact a 9-1-1 system, or an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity to report to appropriate authorities a fire, traffic accident, serious road hazard, or medical or hazardous materials emergency; to report the operator of another motor vehicle who is driving in a reckless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs; or to report a crime.
(c) The use of a global positioning or navigation system feature of a mobile electronic device if information is not entered by hand into the global positioning or navigation system feature of the mobile electronic device.
(d) Reading, selecting, or entering a telephone number or name in a mobile electronic device for the purpose of making or receiving a telephone call or if a person otherwise activates or deactivates a feature or function of a mobile electronic device.
(e) The use of a mobile electronic device in a voice-operated or hands-free mode if the operator of the motor vehicle does not use his or her hands to operate the device, except to activate or deactivate a feature or function of the mobile electronic device or the use of a mobile electronic device that is integrated into a motor vehicle and utilizes the user interfaces that are permanently installed into the motor vehicle.
(3) A person shall not operate a motor vehicle or school bus while wearing headphones or earphones in both ears simultaneously for the purposes of listening to music, video, or other sound broadcasts.
(4) A person shall not operate a motor vehicle or school bus while accessing, reading, or posting to a social networking site.
(5) A person shall not operate a motor vehicle or school bus while viewing, recording, or transmitting a video on a mobile electronic device.
(6) (2) Except as otherwise provided in this section, a person shall not 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, 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 "wireless 2-way communication device" means a mobile telephone as that term is defined in 49 CFR 390.5. Wireless 2-way communication device does not include a global positioning or navigation system that is affixed to the commercial motor vehicle. or school bus.
(7) (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" means that term as defined in 49 CFR 390.5. 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.
(8) (4) Subsections (1), (2), (6) and (3) (7) do not apply to an individual who is using a device described in subsection (1) (6) or (3) (7) 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 while the automated driving system is engaged.
(5) Subsection (1) does not apply to a person using an on-demand automated motor vehicle network.
(9) (6) An Except as provided in subsection (10), an individual who violates this section is responsible for a civil infraction and shall must be ordered to pay a civil fine, community service, or both, as follows:
(a) For a first violation, $100.00 or 16 hours of community service.
(b) For a second or subsequent violation, $200.00.$250.00 or 24 hours of community service, or both.
(10) If an individual is involved in an accident at the time the individual violates this section, the civil fine ordered must be double the amount under subsection (9) and a law enforcement officer investigating the accident shall indicate in a written accident report that the individual was using a mobile electronic device at the time of the accident.
(11) (7) This section supersedes all local ordinances regulating the use of a communications mobile electronic 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.
(12) A court may suspend an individual's driver license for not more than 90 days if the individual is responsible for 3 or more civil infractions under this section within a 3-year period.
(13) A law enforcement officer enforcing this section may treat a violation of this section as the primary or sole reason for issuing a citation to a driver. A law enforcement officer shall not search a motor vehicle or the driver or passenger in the motor vehicle solely because of a violation of this section.
(14) Except as otherwise provided in this section, as used in this section:
(a) "Mobile electronic device" means any handheld or portable electronic device capable of providing wireless data or voice communication between 2 or more individuals or amusement, including a cellular telephone; broadband personal communication device; 2-way messaging device; text messaging device; pager; electronic device that can receive or transmit text or character-based images, access or store data, or connect to the internet; personal digital assistant; laptop computer; computer tablet; stand-alone computer; portable computing device; mobile device with a touchscreen display that is designed to be worn; electronic game; equipment that is capable of playing a video, taking photographs, capturing images, or recording or transmitting video; and any similar device that is readily removable from a vehicle and is used to write, send, or read text or data or capture images or video through manual input. Mobile electronic device does not include a radio designed for the Citizens Band Service or the Amateur Radio Service of the Federal Communications Commission or a commercial 2-way radio communications device or equipment permanently installed in a motor vehicle.
(b) "Operate" means to drive or assume physical control of a motor vehicle on a public way, street, road, or highway, including operation while temporarily stationary because of traffic, road conditions, a traffic light, or a stop sign. Operate does not include a motor vehicle that is lawfully parked or an automated vehicle with an SAE level 4 or 5 automated driving system that performs dynamic driving tasks in automated mode as referenced in the Society of Automotive Engineers, Inc. International Standard J3016, 2014 edition.
(c) "Social networking site" means any web-based service that allows individuals to construct a profile within a founded system and communicate with other users of the site for social or amusement purposes.
Enacting section
1. This amendatory act takes effect 90 days after the date it is enacted into
law.
Enacting section 2. This amendatory act does not
take effect unless both of the following bills of the 101st Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 2478
(request no. 02124'21).
(b) Senate Bill No.____ or House Bill No. 4279 (request no. 02125'21).
