New Laws Will Prohibit Holding Mobile Devices While Driving

Published on June 22, 2023

A new local law will take effect on Friday, June 30 to prohibit holding mobile electronic devices while driving. It corresponds to State law signed earlier this month by Governor Gretcehn Whitmer. The change looks to keep people safe by reducing distracted driving and the injuries and deaths associated with the resulting crashes.

Generally, the new law and local ordinance prohibit holding a mobile device for any purpose while driving, unless calling or texting 911 or other emergency service to report an emergency, hazard, or crime. Mobile devices can be used in hands-free mode or as a GPS as long as information does not need to be entered by hand.

Key points of the new State law and local ordinance  

• Individuals are prohibited from holding or using a mobile electronic device while operating a motor vehicle.
• Use of a mobile electronic device would mean to performing any of the following tasks with the device:
  • Sending or receiving a telephone call.
  • Sending, receiving, or reading a text message.
  • Viewing, recording, or transmitting a video.
  • Accessing, reading, or posting to a social networking site.
• For operators of a commercial vehicle or school bus only, use a mobile electronic device would additionally include reaching for a mobile electronic device in a way that causes the driver to move out of a seated driving position in which they are restrained by a seat belt that is properly installed and adjusted, as described in the bill.
• Defines a mobile electronic device: means an electronic device that is not permanently installed in a motor vehicle. At the least, it would include devices capable of text messaging, voice communication, entertainment, navigation, accessing the internet, or producing email. However, it would not include either of the following:
  • A CB or ham radio or a commercial two-way radio communications device or equipment permanently installed in a motor vehicle.
  • A medical device that is designed to be worn, such as an insulin pump.
• Operate would mean to drive or assume physical control of a motor vehicle on a public way, street, road, or highway. This would include times when the vehicle is not moving temporarily because of traffic, road conditions, or a traffic light or stop sign, but it would not apply to a vehicle that is legally parked.
• Social networking site would mean 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.

The above prohibitions would not apply to any of the following:

• Using a device for emergency purposes, including calling or texting a 9-1-1 system or making an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services entity to report any of the following:
  • A medical emergency, traffic accident, serious road hazard, fire, or hazardous materials emergency.
  • Someone driving in a reckless or unsafe manner or who appears to be driving under the influence of alcohol or drugs.
  • A crime being committed.
• Using a device’s global positioning system (GPS) or navigation feature as long as information is not entered by hand.
• Using a device in a voice-operated or hands-free mode as long as the driver does not use their hands to operate it beyond either of the following:
  • Using a single button press, tap, or swipe to activate or deactivate a function of the device or to select a name or phone number.
  • Using the permanently installed user interfaces of a device that is integrated into the motor vehicle.
• Using a device used solely to continuously record or broadcast video inside or outside of the motor vehicle.
• The use of a device by a law enforcement officer, firefighter, paramedic, emergency medical technician, operator of an authorized emergency vehicle, or similarly engaged paid or volunteer public safety first responder while carrying out their official duties.
• Using a device that is placed in a mount and used in a manner already exempted above.
• The use of a device by a public utility employee or contractor acting within the scope of their employment when responding to a public utility emergency.

An individual who violates the above prohibitions while operating a vehicle other than a school bus or commercial vehicle would be responsible for a civil infraction and would have to be ordered to do the following:

• First violation: pay a $100 civil fine or perform 16 hours of community service, or both.
• Subsequent violation: pay a $250 civil fine or perform 24 hours of community service, or both.

An individual who violates the above prohibition while operating a school bus or commercial vehicle would be responsible for a civil infraction and would have to be ordered to do the following:

• First violation: pay a $200 civil fine or perform 32 hours of community service, or both.
• Subsequent violation: pay a $500 civil fine, perform 48 hours of community service, or both.