HB-4394, As Passed House, December 8, 2009
HOUSE BILL NO. 4394
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
(MCL 257.1 to 257.923) by adding section 602b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 602b. (1) A person shall not read, write, 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.
(2) Subsection (1) does not apply to an individual who is
using a device described in subsection (1) to do any of the
(a) Report a traffic accident, medical emergency, or serious
(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) Determine a location or route by using the device's global
positioning or navigation system or navigation service.
(3) Enforcement of this section by state or local law
enforcement agencies shall be accomplished only as a secondary
action when the operator of a motor vehicle has been detained for a
suspected violation of another section of this act.
(4) An individual who violates this section is responsible for
a civil infraction.