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