SB-0402, As Passed Senate, January 26, 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 402

 

 

 

 

 

 

 

 

 

 

 

 

     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 provided in this section, 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 that is affixed to the motor vehicle.

 

     (2) Subsection (1) does not apply to prohibit an individual

 

from operating a cellular telephone or other communication device

 

using hands-free technology or from using a cellular telephone or

 

other communication device 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.

 

     (3) Enforcement of this section by state or local law

 

enforcement agencies shall be accomplished only as a secondary

 

action when a driver of a motor vehicle has been detained for a

 

suspected violation of another section of this act.

 

     (4) This section supersedes all local ordinances regulating

 

the use of a communication 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 does not take effect

 

unless Senate Bill No. 468 of the 95th Legislature is enacted into

 

law.