Bill Text: MI HB4948 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Crimes; vehicle offenses; use of television or other electronic device in motor vehicle causing serious impairment or death; provide for increased penalties. Amends sec. 708b of 1949 PA 300 (MCL 257.708b).
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2009-05-19 - Printed Bill Filed 05/15/2009 [HB4948 Detail]
Download: Michigan-2009-HB4948-Introduced.html
HOUSE BILL No. 4948
May 14, 2009, Introduced by Reps. Geiss, Durhal, Espinoza, Kandrevas, Haugh, Roy Schmidt, Young, Griffin, Nerat and Leland and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 708b (MCL 257.708b), as amended by 2008 PA 19.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 708b. (1) A person shall not operate a motor vehicle that
is to be used upon the highways of this state with a television or
other similar electronic device that displays a video image that
can be viewed by the operator while the motor vehicle is in motion.
(2) This section does not apply to:
(a) An audio entertainment system, heating or air-conditioning
controls, or other accessory controls in the motor vehicle.
(b) A vehicle information or navigation system for use in
displaying only information pertaining to vehicle location,
available routes and destinations, road layouts, weather
conditions, traffic and road conditions, vehicle conditions, or
traveler services.
(c) A research vehicle if the test plan for the vehicle has
been approved by a process meeting federal guidelines established
in
45 CFR part 46 for the protection of human beings subjects and
the vehicle has been issued a special registration permit by the
secretary of state.
(d) A motor vehicle equipped with a video display to enhance
or supplement the driver's view.
(e) A police vehicle, fire vehicle, or ambulance equipped with
a monitor for use with a computer-aided dispatch system or
emergency equipment controls.
(f) A police vehicle equipped with a monitor for use with
recording equipment.
(g) A motor vehicle equipped with a video display to
communicate vehicle, driver, or safety conditions.
(3) Except as otherwise provided in this subsection, a visual
device permitted under subsection (2)(a) or (b) shall be built into
the dashboard, center console, instrument panel, rearview mirror,
or other control area of the vehicle and shall meet all applicable
federal motor vehicle dash safety standards. An aftermarket visual
device described in subsection (2)(a) or (b) may be installed or
mounted on the windshield or above the dashboard, but shall not be
mounted within the deployment profile of the vehicle airbags or in
a manner that interferes with the operator's view or control. This
subsection does not apply to a research vehicle described in
subsection (2)(c).
(4) Upon receipt of a completed application, on a form
prescribed by the secretary of state, and payment of a fee of
$10.00, the secretary of state may issue a special permit
authorizing a research vehicle to use the highways of this state. A
copy of the authority received by the applicant under subsection
(2)(c) shall be submitted as part of the application for the
special permit. The special permit may be in a form as prescribed
by, and shall be displayed on a research vehicle in a manner
determined by, the secretary of state. The special permit shall
expire upon completion of or expiration of the specific test plan
approved under subsection (2)(c), whichever occurs first, and shall
be immediately removed from the research vehicle and destroyed. A
special permit shall not be transferred to another vehicle or
person. The fee collected under this subsection shall be credited
to the Michigan transportation fund and used to defray the expenses
of the secretary of state in administering the special permit
program. In addition to a special permit, the appropriate vehicle
registration plate shall be displayed on a research vehicle to use
a highway of this state.
(5) A person who violates this section is responsible for a
civil
infraction. crime as follows:
(a) Except as provided in subdivisions (b) and (c), the person
is guilty of a misdemeanor punishable by imprisonment for not more
than 93 days or a fine of not more than $500.00, or both.
(b) If the use of a television or other electronic device in
violation of subsection (1) is a cause of a collision or loss of
vehicle control resulting in a serious impairment of a body
function to another person, the person is guilty of a felony
punishable by imprisonment for not more than 5 years or a fine of
not less than $1,000.00 or more than $5,000.00, or both.
(c) If the use of a television or other electronic device in
violation of subsection (1) is a cause of a collision or loss of
vehicle control resulting in the death of another person, the
person is guilty of a felony punishable by imprisonment for not
more than 15 years or a fine of not less than $2,500.00 or more
than $10,000.00, or both.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
