HOUSE BILL No. 4208

 

February 9, 2011, Introduced by Rep. Geiss and referred to the Committee on Transportation.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 708b (MCL 257.708b), as amended by 2008 PA 19.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 708b. (1) A person shall not operate a motor vehicle that

 

is to be used upon the highways of this state with a television or

 

other similar electronic device that displays a video image that

 

can be viewed by the operator while the motor vehicle is in motion.

 

     (2) This section does not apply to:

 

     (a) An audio entertainment system, heating or air-conditioning

 

controls, or other accessory controls in the motor vehicle.

 

     (b) A vehicle information or navigation system for use in

 

displaying only information pertaining to vehicle location,


 

available routes and destinations, road layouts, weather

 

conditions, traffic and road conditions, vehicle conditions, or

 

traveler services.

 

     (c) A research vehicle if the test plan for the vehicle has

 

been approved by a process meeting federal guidelines established

 

in 45 CFR part 46 for the protection of human beings subjects and

 

the vehicle has been issued a special registration permit by the

 

secretary of state.

 

     (d) A motor vehicle equipped with a video display to enhance

 

or supplement the driver's view.

 

     (e) A police vehicle, fire vehicle, or ambulance equipped with

 

a monitor for use with a computer-aided dispatch system or

 

emergency equipment controls.

 

     (f) A police vehicle equipped with a monitor for use with

 

recording equipment.

 

     (g) A motor vehicle equipped with a video display to

 

communicate vehicle, driver, or safety conditions.

 

     (3) Except as otherwise provided in this subsection, a visual

 

device permitted under subsection (2)(a) or (b) shall be built into

 

the dashboard, center console, instrument panel, rearview mirror,

 

or other control area of the vehicle and shall meet all applicable

 

federal motor vehicle dash safety standards. An aftermarket visual

 

device described in subsection (2)(a) or (b) may be installed or

 

mounted on the windshield or above the dashboard, but shall not be

 

mounted within the deployment profile of the vehicle airbags or in

 

a manner that interferes with the operator's view or control. This

 

subsection does not apply to a research vehicle described in


 

subsection (2)(c).

 

     (4) Upon receipt of a completed application, on a form

 

prescribed by the secretary of state, and payment of a fee of

 

$10.00, the secretary of state may issue a special permit

 

authorizing a research vehicle to use the highways of this state. A

 

copy of the authority received by the applicant under subsection

 

(2)(c) shall be submitted as part of the application for the

 

special permit. The special permit may be in a form as prescribed

 

by, and shall be displayed on a research vehicle in a manner

 

determined by, the secretary of state. The special permit shall

 

expire upon completion of or expiration of the specific test plan

 

approved under subsection (2)(c), whichever occurs first, and shall

 

be immediately removed from the research vehicle and destroyed. A

 

special permit shall not be transferred to another vehicle or

 

person. The fee collected under this subsection shall be credited

 

to the Michigan transportation fund and used to defray the expenses

 

of the secretary of state in administering the special permit

 

program. In addition to a special permit, the appropriate vehicle

 

registration plate shall be displayed on a research vehicle to use

 

a highway of this state.

 

     (5) A person who violates this section is responsible for a

 

civil infraction. crime as follows:

 

     (a) Except as provided in subdivisions (b) and (c), the person

 

is guilty of a misdemeanor punishable by imprisonment for not more

 

than 93 days or a fine of not more than $500.00, or both.

 

     (b) If the use of a television or other electronic device in

 

violation of subsection (1) is a cause of a collision or loss of


 

vehicle control resulting in a serious impairment of a body

 

function to another person, the person is guilty of a felony

 

punishable by imprisonment for not more than 5 years or a fine of

 

not less than $1,000.00 or more than $5,000.00, or both.

 

     (c) If the use of a television or other electronic device in

 

violation of subsection (1) is a cause of a collision or loss of

 

vehicle control resulting in the death of another person, the

 

person is guilty of a felony punishable by imprisonment for not

 

more than 15 years or a fine of not less than $2,500.00 or more

 

than $10,000.00, or both.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.