Bill Text: MI HB4199 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Traffic control: violations; penalties for operating a vehicle while sending, receiving, or reading a message on a wireless device; increase. Amends secs. 602b & 907 of 1949 PA 300 (MCL 257.602b & 257.907).

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2020-02-05 - Re-referred To Committee On Ways And Means [HB4199 Detail]

Download: Michigan-2019-HB4199-Introduced.html

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HOUSE BILL No. 4199

 

 

February 14, 2019, Introduced by Reps. Sheppard and Cole and referred to the Committee on Transportation.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 602b and 907 (MCL 257.602b and 257.907),

 

section 602b as amended by 2016 PA 332 and section 907 as amended

 

by 2015 PA 126.

 

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. 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.

 

     (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.$250.00.

     (b) For a second or subsequent violation, $200.00.$500.00.

 

     (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.

 

     Sec. 907. (1) A violation of this act, or a local ordinance

 

substantially corresponding to a provision of this act, that is

 

designated a civil infraction shall must not be considered a lesser

 

included offense of a criminal offense.

 

     (2) If a person is determined under sections 741 to 750 to be

 

responsible or responsible "with explanation" for a civil

 

infraction under this act or a local ordinance substantially

 

corresponding to a provision of this act, the judge or district

 

court magistrate may order the person to pay a civil fine of not

 

more than $100.00 and costs as provided in subsection (4). However,

 

if the civil infraction was a moving violation that resulted in an

 

at-fault collision with another vehicle, a person, or any other

 

object, the civil fine ordered under this section shall must be

 

increased by $25.00 but the total civil fine shall not exceed

 

$100.00. However, for a violation of section 602b, the person shall

 

must be ordered to pay costs as provided in subsection (4) and a

 

civil fine of $100.00 $250.00 for a first offense and $200.00

 

$500.00 for a second or subsequent offense. For a violation of

 

section 674(1)(s) or a local ordinance substantially corresponding

 

to section 674(1)(s), the person shall must be ordered to pay costs

 

as provided in subsection (4) and a civil fine of not less than

$100.00 or more than $250.00. For a violation of section 676c, the

 

person shall must be ordered to pay costs as provided in subsection

 

(4) and a civil fine of $1,000.00. For a violation of section 328,

 

the civil fine ordered under this subsection shall be must not be

 

more than $50.00. For a violation of section 710d, the civil fine

 

ordered under this subsection shall must not exceed $10.00, subject

 

to subsection (12). For a violation of section 710e, the civil fine

 

and court costs ordered under this subsection shall must be $25.00.

 

For a violation of section 682 or a local ordinance substantially

 

corresponding to section 682, the person shall must be ordered to

 

pay costs as provided in subsection (4) and a civil fine of not

 

less than $100.00 or more than $500.00. For a violation of section

 

240, the civil fine ordered under this subsection shall must be

 

$15.00. For a violation of section 252a(1), the civil fine ordered

 

under this subsection shall must be $50.00. For a violation of

 

section 676a(3), the civil fine ordered under this section shall be

 

must not be more than $10.00. For a first violation of section

 

319f(1), the civil fine ordered under this section shall be must

 

not be less than $2,500.00 or more than $2,750.00; for a second or

 

subsequent violation, the civil fine shall be must not be less than

 

$5,000.00 or more than $5,500.00. For a violation of section

 

319g(1)(a), the civil fine ordered under this section shall be must

 

not be more than $10,000.00. For a violation of section 319g(1)(g),

 

the civil fine ordered under this section shall be must not be less

 

than $2,750.00 or more than $25,000.00. Permission may be granted

 

for payment of a civil fine and costs to be made within a specified

 

period of time or in specified installments, but unless permission

is included in the order or judgment, the civil fine and costs

 

shall must be payable immediately.

 

     (3) Except as provided in this subsection, if a person is

 

determined to be responsible or responsible "with explanation" for

 

a civil infraction under this act or a local ordinance

 

substantially corresponding to a provision of this act while

 

driving a commercial motor vehicle, he or she shall must be ordered

 

to pay costs as provided in subsection (4) and a civil fine of not

 

more than $250.00.

 

     (4) If a civil fine is ordered under subsection (2) or (3),

 

the judge or district court magistrate shall summarily tax and

 

determine the costs of the action, which are not limited to the

 

costs taxable in ordinary civil actions, and may include all

 

expenses, direct and indirect, to which the plaintiff has been put

 

in connection with the civil infraction, up to the entry of

 

judgment. Costs shall must not be ordered in excess of $100.00. A

 

civil fine ordered under subsection (2) or (3) shall must not be

 

waived unless costs ordered under this subsection are waived.

 

Except as otherwise provided by law, costs are payable to the

 

general fund of the plaintiff.

 

     (5) In addition to a civil fine and costs ordered under

 

subsection (2) or (3) and subsection (4) and the justice system

 

assessment ordered under subsection (13), the judge or district

 

court magistrate may order the person to attend and complete a

 

program of treatment, education, or rehabilitation.

 

     (6) A district court magistrate shall impose the sanctions

 

permitted under subsections (2), (3), and (5) only to the extent

expressly authorized by the chief judge or only judge of the

 

district court district.

 

     (7) Each district of the district court and each municipal

 

court may establish a schedule of civil fines, costs, and

 

assessments to be imposed for civil infractions that occur within

 

the respective district or city. If a schedule is established, it

 

shall must be prominently posted and readily available for public

 

inspection. A schedule need not include all violations that are

 

designated by law or ordinance as civil infractions. A schedule may

 

exclude cases on the basis of a defendant's prior record of civil

 

infractions or traffic offenses, or a combination of civil

 

infractions and traffic offenses.

 

     (8) The state court administrator shall annually publish and

 

distribute to each district and court a recommended range of civil

 

fines and costs for first-time civil infractions. This

 

recommendation is not binding upon the courts having jurisdiction

 

over civil infractions but is intended to act as a normative guide

 

for judges and district court magistrates and a basis for public

 

evaluation of disparities in the imposition of civil fines and

 

costs throughout the state.

 

     (9) If a person has received a civil infraction citation for

 

defective safety equipment on a vehicle under section 683, the

 

court shall waive a civil fine, costs, and assessments upon receipt

 

of certification by a law enforcement agency that repair of the

 

defective equipment was made before the appearance date on the

 

citation.

 

     (10) A default in the payment of a civil fine or costs ordered

under subsection (2), (3), or (4) or a justice system assessment

 

ordered under subsection (13), or an installment of the fine,

 

costs, or assessment, may be collected by a means authorized for

 

the enforcement of a judgment under chapter 40 of the revised

 

judicature act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or

 

under chapter 60 of the revised judicature act of 1961, 1961 PA

 

236, MCL 600.6001 to 600.6098.

 

     (11) If a person fails to comply with an order or judgment

 

issued under this section within the time prescribed by the court,

 

the driver's license of that person shall must be suspended under

 

section 321a until full compliance with that order or judgment

 

occurs. In addition to this suspension, the court may also proceed

 

under section 908.

 

     (12) The court may waive any civil fine, cost, or assessment

 

against a person who received a civil infraction citation for a

 

violation of section 710d if the person, before the appearance date

 

on the citation, supplies the court with evidence of acquisition,

 

purchase, or rental of a child seating system meeting the

 

requirements of section 710d.

 

     (13) In addition to any civil fines or costs ordered to be

 

paid under this section, the judge or district court magistrate

 

shall order the defendant to pay a justice system assessment of

 

$40.00 for each civil infraction determination, except for a

 

parking violation or a violation for which the total fine and costs

 

imposed are $10.00 or less. Upon payment of the assessment, the

 

clerk of the court shall transmit the assessment collected to the

 

state treasury to be deposited into the justice system fund created

in section 181 of the revised judicature act of 1961, 1961 PA 236,

 

MCL 600.181. An assessment levied under this subsection is not a

 

civil fine for purposes of section 909.

 

     (14) If a person has received a citation for a violation of

 

section 223, the court shall waive any civil fine, costs, and

 

assessment, upon receipt of certification by a law enforcement

 

agency that the person, before the appearance date on the citation,

 

produced a valid registration certificate that was valid on the

 

date the violation of section 223 occurred.

 

     (15) If a person has received a citation for a violation of

 

section 328(1) for failing to produce a certificate of insurance

 

under section 328(2), the court may waive the fee described in

 

section 328(3)(c) and shall waive any fine, costs, and any other

 

fee or assessment otherwise authorized under this act upon receipt

 

of verification by the court that the person, before the appearance

 

date on the citation, produced valid proof of insurance that was in

 

effect at the time the violation of section 328(1) occurred.

 

Insurance obtained subsequent to the time of the violation does not

 

make the person eligible for a waiver under this subsection.

 

     (16) If a person is determined to be responsible or

 

responsible "with explanation" for a civil infraction under this

 

act or a local ordinance substantially corresponding to a provision

 

of this act and the civil infraction arises out of the ownership or

 

operation of a commercial quadricycle, he or she shall must be

 

ordered to pay costs as provided in subsection (4) and a civil fine

 

of not more than $500.00.

 

     (17) As used in this section, "moving violation" means an act

or omission prohibited under this act or a local ordinance

 

substantially corresponding to this act that involves the operation

 

of a motor vehicle and for which a fine may be assessed.