Bill Text: MI HB5049 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Traffic control; violations; prohibition on texting while driving; expand, and include penalties. Amends sec. 602b of 1949 PA 300 (MCL 257.602b).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-10-03 - Bill Electronically Reproduced 09/28/2017 [HB5049 Detail]

Download: Michigan-2017-HB5049-Introduced.html

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HOUSE BILL No. 5049

 

 

September 28, 2017, Introduced by Rep. Kesto 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 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 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 includes a computer, tablet device, camera, or

 

other internet-based communication device but 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 includes a computer, tablet device,

 

camera, or other internet-based communication device but 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 Except as otherwise provided in subsections (7) and

 

(8), 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) A person who violates this section and causes the death of

 

another person is guilty of a felony punishable by imprisonment for

 

not more than 5 years or a fine of not more than $2,000.00, or

 

both.

 

     (8) A person who violates this section and causes serious

 

impairment of a body function to another person is guilty of a

 

misdemeanor punishable by imprisonment for not more than 1 year or

 

a fine of not more than $500.00, or both.

 

     (9) (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.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.