Bill Text: MI HB5735 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Traffic control; traffic regulation; use of a hand-held cellular telephone while operating a vehicle in a posted construction zone; prohibit when workers are present. Amends sec. 602b of 1949 PA 300 (MCL 257.602b).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-09-09 - Printed Bill Filed 08/28/2014 [HB5735 Detail]
Download: Michigan-2013-HB5735-Introduced.html
HOUSE BILL No. 5735
August 27, 2014, Introduced by Rep. Shirkey and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 602b (MCL 257.602b), as amended by 2013 PA 231.
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 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 does not include a global positioning or
navigation
system that is affixed to the motor vehicle. Beginning
October
28, 2013, this 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, 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 2-
way communication device does not include a global positioning or
navigation system that is affixed to the commercial motor vehicle
or
school bus. This subsection applies beginning October 28, 2013.
(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
(a) "Mobile telephone" does not include a 2-way radio service
or
citizens band radio service. This subsection applies beginning
October
28, 2013. As used in this subsection, "use
(b) "Use a hand-held mobile telephone" means 1 or more of the
following:
(i)
(a) Using at least 1 hand to hold a mobile telephone to
conduct a voice communication.
(ii)
(b) Dialing or answering a mobile telephone by pressing
more than a single button.
(iii)
(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) 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 motor vehicle that is moving on a
highway or street in a work zone while workers are present. As used
in this subsection:
(a) "Mobile telephone" does not include a 2-way radio service
or citizens band radio service.
(b) "Use a hand-held mobile telephone" means 1 or more of the
following:
(i) Using at least 1 hand to hold a mobile telephone to conduct
a voice communication.
(ii) Dialing or answering a mobile telephone by pressing more
than a single button.
(iii) 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.
(c) "Work zone" means that term as defined in section 79d(a)
and (b).
(5) (4)
Subsections (1), (2), and (3), and (4)
do not apply to
an
individual who is using a device described in subsection (1), or
(3), or (4) 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 the automated motor vehicle in compliance
with section 665, if that automated motor vehicle displays a
special plate issued under section 224(3) in the manner required
under section 225.
(6) (5)
An individual who violates this
section is responsible
for a civil infraction and shall 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) (6)
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.
