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






























     A bill to amend 1949 PA 300, entitled


"Michigan vehicle code,"


(MCL 257.1 to 257.923) by adding section 602b.




     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