February 14, 2019, Introduced by Reps. Sheppard and Cole and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 602b and 907 (MCL 257.602b and 257.907),
section 602b as amended by 2016 PA 332 and section 907 as amended
by 2015 PA 126.
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
navigation system that is affixed to the motor vehicle. This
subsection does not apply to a person operating a commercial
vehicle.
(2) 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 commercial motor vehicle or a school bus 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 commercial motor vehicle
or school bus.
(3) Except as otherwise provided in this section, a person
shall not use a hand-held mobile telephone to conduct a voice
communication while operating a commercial motor vehicle or a
school bus on a highway, including while temporarily stationary due
to traffic, a traffic control device, or other momentary delays.
This subsection does not apply if the operator of the commercial
vehicle or school bus has moved the vehicle to the side of, or off,
a highway and has stopped in a location where the vehicle can
safely remain stationary. As used in this subsection, "mobile
telephone" does not include a 2-way radio service or citizens band
radio service. As used in this subsection, "use a hand-held mobile
telephone" means 1 or more of the following:
(a) Using at least 1 hand to hold a mobile telephone to
conduct a voice communication.
(b) Dialing or answering a mobile telephone by pressing more
than a single button.
(c) Reaching for a mobile telephone in a manner that requires
a driver to maneuver so that he or she is no longer in a seated
driving position, restrained by a seat belt that is installed as
required by 49 CFR 393.93 and adjusted in accordance with the
vehicle manufacturer's instructions.
(4) Subsections (1), (2), and (3) do not apply to an
individual who is using a device described in subsection (1) or (3)
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.
(e) Operate or program the operation of an automated motor
vehicle while testing or operating the automated motor vehicle
without a human operator.
(5) Subsection (1) does not apply to a person using an on-
demand automated motor vehicle network.
(6) An individual who violates this section is responsible for
a
civil infraction and shall must
be ordered to pay a civil fine as
follows:
(a)
For a first violation, $100.00.$250.00.
(b)
For a second or subsequent violation, $200.00.$500.00.
(7) 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.
Sec. 907. (1) A violation of this act, or a local ordinance
substantially corresponding to a provision of this act, that is
designated
a civil infraction shall must
not be considered a lesser
included offense of a criminal offense.
(2) If a person is determined under sections 741 to 750 to be
responsible or responsible "with explanation" for a civil
infraction under this act or a local ordinance substantially
corresponding to a provision of this act, the judge or district
court magistrate may order the person to pay a civil fine of not
more than $100.00 and costs as provided in subsection (4). However,
if the civil infraction was a moving violation that resulted in an
at-fault collision with another vehicle, a person, or any other
object,
the civil fine ordered under this section shall must be
increased by $25.00 but the total civil fine shall not exceed
$100.00.
However, for a violation of section 602b, the person shall
must be ordered to pay costs as provided in subsection (4) and a
civil
fine of $100.00 $250.00 for a first offense and $200.00
$500.00 for a second or subsequent offense. For a violation of
section 674(1)(s) or a local ordinance substantially corresponding
to
section 674(1)(s), the person shall must be ordered to pay costs
as provided in subsection (4) and a civil fine of not less than
$100.00 or more than $250.00. For a violation of section 676c, the
person
shall must be ordered to pay costs as provided in subsection
(4) and a civil fine of $1,000.00. For a violation of section 328,
the
civil fine ordered under this subsection shall be must not
be
more than $50.00. For a violation of section 710d, the civil fine
ordered
under this subsection shall must
not exceed $10.00, subject
to subsection (12). For a violation of section 710e, the civil fine
and
court costs ordered under this subsection shall must be
$25.00.
For a violation of section 682 or a local ordinance substantially
corresponding
to section 682, the person shall must be ordered to
pay costs as provided in subsection (4) and a civil fine of not
less than $100.00 or more than $500.00. For a violation of section
240,
the civil fine ordered under this subsection shall must be
$15.00. For a violation of section 252a(1), the civil fine ordered
under
this subsection shall must
be $50.00. For a violation of
section
676a(3), the civil fine ordered under this section shall be
must not be more than $10.00. For a first violation of section
319f(1),
the civil fine ordered under this section shall be must
not be less than $2,500.00 or more than $2,750.00; for a second or
subsequent
violation, the civil fine shall be must not be less
than
$5,000.00 or more than $5,500.00. For a violation of section
319g(1)(a),
the civil fine ordered under this section shall be must
not be more than $10,000.00. For a violation of section 319g(1)(g),
the
civil fine ordered under this section shall be must not
be less
than $2,750.00 or more than $25,000.00. Permission may be granted
for payment of a civil fine and costs to be made within a specified
period of time or in specified installments, but unless permission
is included in the order or judgment, the civil fine and costs
shall
must be payable immediately.
(3) Except as provided in this subsection, if a person is
determined to be responsible or responsible "with explanation" for
a civil infraction under this act or a local ordinance
substantially corresponding to a provision of this act while
driving
a commercial motor vehicle, he or she shall must be
ordered
to pay costs as provided in subsection (4) and a civil fine of not
more than $250.00.
(4) If a civil fine is ordered under subsection (2) or (3),
the judge or district court magistrate shall summarily tax and
determine the costs of the action, which are not limited to the
costs taxable in ordinary civil actions, and may include all
expenses, direct and indirect, to which the plaintiff has been put
in connection with the civil infraction, up to the entry of
judgment.
Costs shall must not be ordered in excess of $100.00. A
civil
fine ordered under subsection (2) or (3) shall must not
be
waived unless costs ordered under this subsection are waived.
Except as otherwise provided by law, costs are payable to the
general fund of the plaintiff.
(5) In addition to a civil fine and costs ordered under
subsection (2) or (3) and subsection (4) and the justice system
assessment ordered under subsection (13), the judge or district
court magistrate may order the person to attend and complete a
program of treatment, education, or rehabilitation.
(6) A district court magistrate shall impose the sanctions
permitted under subsections (2), (3), and (5) only to the extent
expressly authorized by the chief judge or only judge of the
district court district.
(7) Each district of the district court and each municipal
court may establish a schedule of civil fines, costs, and
assessments to be imposed for civil infractions that occur within
the respective district or city. If a schedule is established, it
shall
must be prominently posted and readily available for
public
inspection. A schedule need not include all violations that are
designated by law or ordinance as civil infractions. A schedule may
exclude cases on the basis of a defendant's prior record of civil
infractions or traffic offenses, or a combination of civil
infractions and traffic offenses.
(8) The state court administrator shall annually publish and
distribute to each district and court a recommended range of civil
fines and costs for first-time civil infractions. This
recommendation is not binding upon the courts having jurisdiction
over civil infractions but is intended to act as a normative guide
for judges and district court magistrates and a basis for public
evaluation of disparities in the imposition of civil fines and
costs throughout the state.
(9) If a person has received a civil infraction citation for
defective safety equipment on a vehicle under section 683, the
court shall waive a civil fine, costs, and assessments upon receipt
of certification by a law enforcement agency that repair of the
defective equipment was made before the appearance date on the
citation.
(10) A default in the payment of a civil fine or costs ordered
under subsection (2), (3), or (4) or a justice system assessment
ordered under subsection (13), or an installment of the fine,
costs, or assessment, may be collected by a means authorized for
the enforcement of a judgment under chapter 40 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or
under chapter 60 of the revised judicature act of 1961, 1961 PA
236, MCL 600.6001 to 600.6098.
(11) If a person fails to comply with an order or judgment
issued under this section within the time prescribed by the court,
the
driver's license of that person shall must be suspended under
section 321a until full compliance with that order or judgment
occurs. In addition to this suspension, the court may also proceed
under section 908.
(12) The court may waive any civil fine, cost, or assessment
against a person who received a civil infraction citation for a
violation of section 710d if the person, before the appearance date
on the citation, supplies the court with evidence of acquisition,
purchase, or rental of a child seating system meeting the
requirements of section 710d.
(13) In addition to any civil fines or costs ordered to be
paid under this section, the judge or district court magistrate
shall order the defendant to pay a justice system assessment of
$40.00 for each civil infraction determination, except for a
parking violation or a violation for which the total fine and costs
imposed are $10.00 or less. Upon payment of the assessment, the
clerk of the court shall transmit the assessment collected to the
state treasury to be deposited into the justice system fund created
in section 181 of the revised judicature act of 1961, 1961 PA 236,
MCL 600.181. An assessment levied under this subsection is not a
civil fine for purposes of section 909.
(14) If a person has received a citation for a violation of
section 223, the court shall waive any civil fine, costs, and
assessment, upon receipt of certification by a law enforcement
agency that the person, before the appearance date on the citation,
produced a valid registration certificate that was valid on the
date the violation of section 223 occurred.
(15) If a person has received a citation for a violation of
section 328(1) for failing to produce a certificate of insurance
under section 328(2), the court may waive the fee described in
section 328(3)(c) and shall waive any fine, costs, and any other
fee or assessment otherwise authorized under this act upon receipt
of verification by the court that the person, before the appearance
date on the citation, produced valid proof of insurance that was in
effect at the time the violation of section 328(1) occurred.
Insurance obtained subsequent to the time of the violation does not
make the person eligible for a waiver under this subsection.
(16) If a person is determined to be responsible or
responsible "with explanation" for a civil infraction under this
act or a local ordinance substantially corresponding to a provision
of this act and the civil infraction arises out of the ownership or
operation
of a commercial quadricycle, he or she shall must be
ordered to pay costs as provided in subsection (4) and a civil fine
of not more than $500.00.
(17) As used in this section, "moving violation" means an act
or omission prohibited under this act or a local ordinance
substantially corresponding to this act that involves the operation
of a motor vehicle and for which a fine may be assessed.