LANSING, Mich. — Michigan's ban on texting and driving could be expanded to include almost all other functions of the phone if a series of house-passed bills make it into law.
The move to expand the ban comes just a month after the National Highway Traffic Safety Administration released data of traffic deaths in 2021 which showed a 12% rise in fatal crashes involving at least one distracted driver, with 3,522 people killed.
Michigan's House of Representatives passed three bills on Tuesday that amend Michigan's vehicle code to include new restrictions and punishments for cell phone use while driving.
The new legislation changes the current driving and texting ban to include using your phone while driving in any capacity outside of a few specific situations.
What would the new ban include?
The new legislation would ban any use of a mobile electronic device, including, but not limited to:
- Send or receive a phone call.
- Send, receive or read a text message.
- View, record or transmit a video.
- Access, read or post to a social networking site.
- Reaching for your phone where you are required to move from a seated driving position.
When could I use my phone while driving in Michigan?
The legislation does list some exceptions to the ban that give specific scenarios where a phone can be used while driving:
- To report an emergency like a fire or accident.
- To report a reckless driver or driver who appears to be under the influence.
- To report a crime.
- To use GPS if it is hands-free.
- To make a call if it is hands-free or only requires a single button press, tap or swipe to activate or deactivate.
The bill also mentions that a phone on a mount is still legal as long as it is only being used in the previously described scenarios.
These restrictions and exceptions of cell phone use while driving are laid out in House Bill No. 4250.
The two additional bills passed, House Bill No. 4251 and House Bill No. 4252, deal with punishments for violating the law and establish tracking of the law's effectiveness and tracking of its application.
What would the penalties for distracted driving be?
The penalty for first-offenders is a $100 fine, followed by a $250 for each offense after the first. If an offender violates the law three times in a 3-year period, they will be required to retake a basic driving instruction course or have their license revoked.
Fines are doubled for instances where distracted driving causes a crash and fines are increased for school bus and commercial vehicle drivers.
What is the law currently in Michigan?
As of May 4, 2023, it is only illegal to read, type or send a text message on a cell phone. The current law does not include a ban on using a phone to do anything else like posting to social media, taking photos or even watching videos. The new legislation would expand the current ban to cover many other ways in which a phone could be used.
The bills were voted out of the Committee on Civil Rights, Judiciary, and Public Safety on Wednesday and are expected to be presented to the Committee of the Whole for a vote next week.
The bills will need to be passed by the Senate and then signed by Governor Whitmer to become law.
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