HB-4394, As Passed Senate, March 25, 2010
SENATE SUBSTITUTE FOR
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) 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
House Bill No. 4394 as amended March 25, 2010
navigation system that is affixed to the motor vehicle.
(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.
(3)>> An individual who violates this section is responsible
a civil infraction and shall be ordered to pay a civil fine as
(a) For a first violation, $100.00.
(b) For a second or subsequent violation, $200.00.
<<(4)>> 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 July 1,
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No. 468.
(b) House Bill No. 4370.