Substitute For

HOUSE BILL NO. 4277

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 602b (MCL 257.602b), as amended by 2016 PA 332.

the people of the state of michigan enact:

Sec. 602b. (1) Except as otherwise provided in this section, a person an individual shall not read, manually type, or send a text message on a wireless 2-way communication use a mobile electronic 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 or a school bus. 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.This subsection does not apply beginning 5 years after the effective date of the amendatory act that added subsection (2).

(2) Subsection (1) does not apply to any of the following situations:

(a) A law enforcement officer, firefighter, emergency medical technician, paramedic, operator of an authorized emergency vehicle, or similarly engaged paid or volunteer public safety first responder during the performance of that individual's official duties, or a public utility employee or contractor acting within the scope of that individual's employment when responding to a public utility emergency.

(b) The use of a mobile electronic device for emergency purposes, including a text messaging device to contact a 9-1-1 system, or an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity to report to appropriate authorities a fire, traffic accident, serious road hazard, or medical or hazardous materials emergency; to report the operator of another motor vehicle who is driving in a reckless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs; or to report a crime.

(c) The use of a global positioning or navigation system feature of a mobile electronic device if information is not entered by hand into the global positioning or navigation system feature of the mobile electronic device.

(d) Selecting a telephone number or name in a mobile electronic device for the purpose of making or receiving a telephone call or if an individual otherwise activates or deactivates a feature or function of a mobile electronic device.

(e) The use of a mobile electronic device in a voice-operated or hands-free mode if the operator of the motor vehicle does not use his or her hands to operate the device, except to activate or deactivate a feature or function of the mobile electronic device or the use of a mobile electronic device that is integrated into a motor vehicle and utilizes the user interfaces that are permanently installed into the motor vehicle.

(3) An individual shall not operate a motor vehicle or school bus while accessing, reading, or posting to a social networking site.

(4) An individual shall not operate a motor vehicle or school bus while viewing, recording, or transmitting a video on a mobile electronic device. This subsection does not apply to a mobile electronic device used for the sole purpose of continuously recording or broadcasting video inside or outside of a motor vehicle or school bus.

(5) (2) Except as otherwise provided in this section, a person an individual shall not read, manually type, or send a text message on a wireless 2-way communication device that is located in the person's individual's hand or in the person's individual'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 "wireless 2-way communication device" means a mobile telephone as that term is defined in 49 CFR 390.5. 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.

(6) (3) Except as otherwise provided in this section, a person an individual 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" means that term as defined in 49 CFR 390.5. 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.

(7) (4) Subsections (1), (2), (5) and (3) (6) do not apply to an individual who is using a device described in subsection (1) (5) or (3) (6) 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 individual 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.individual.

(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 while the automated driving system is engaged.

(5) Subsection (1) does not apply to a person using an on-demand automated motor vehicle network.

(8) (6) An Except as provided in subsection (9), an individual who violates this section is responsible for a civil infraction and shall must be ordered to pay a civil fine as follows:do the following:

(a) For a first violation, pay a $100.00 civil fine or perform 16 hours of community service, or both.

(b) For a second or subsequent violation, $200.00.pay a $250.00 civil fine or perform 24 hours of community service, or both.

(9) If an individual is involved in an accident at the time the individual violates this section, the civil fine ordered must be double the amount under subsection (8) and a law enforcement officer investigating the accident shall indicate in a written accident report that the individual was using a mobile electronic device at the time of the accident.

(10) (7) This section supersedes all local ordinances regulating the use of a communications mobile electronic 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.

(11) A court may suspend an individual's driver license for not more than 90 days if the individual is responsible for 3 or more civil infractions under this section within a 3-year period.

(12) A law enforcement officer enforcing this section may treat a violation of this section as the primary or sole reason for issuing a citation to a driver. A law enforcement officer shall not search a motor vehicle or the driver or passenger in the motor vehicle solely because of a violation of this section.

(13) This section does not apply to either of the following:

(a) A level 3, 4, or 5 automated driving system, as described in "J3016: Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles", April 2021 edition, published by SAE International, or an automated vehicle equipped with an automated driving system as described in this subdivision during testing or operation with the automated driving system engaged.

(b) Viewing or using in a hands-free manner a device mounted in a vehicle for displaying information related to testing or operating an automated driving system or automated technology.

(14) Except as otherwise provided in this section, as used in this section:

(a) "Mobile electronic device" means any handheld or portable electronic device capable of providing wireless data or voice communication between 2 or more individuals or amusement, including a cellular telephone; broadband personal communication device; 2-way messaging device; text messaging device; pager; electronic device that can receive or transmit text or character-based images, access or store data, or connect to the internet; personal digital assistant; laptop computer; computer tablet; stand-alone computer; portable computing device; mobile device with a touchscreen display that is designed to be worn; electronic game; equipment that is capable of playing a video, taking photographs, capturing images, or recording or transmitting video; and any similar device that is readily removable from a vehicle and is used to write, send, or read text or data or capture images or video through manual input. Mobile electronic device does not include a radio designed for the Citizens Band Service or the Amateur Radio Service of the Federal Communications Commission or a commercial 2-way radio communications device or equipment permanently installed in a motor vehicle. Mobile electronic device does not include a medical device that is designed to be worn, including, but not limited to, an insulin pump.

(b) "Operate" means to drive or assume physical control of a motor vehicle on a public way, street, road, or highway, including operation while temporarily stationary because of traffic, road conditions, a traffic light, or a stop sign. Operate does not include a motor vehicle that is lawfully parked.

(c) "Social networking site" means any web-based service that allows individuals to construct a profile within a founded system and communicate with other users of the site for social or amusement purposes.

Enacting section 1. This amendatory act takes effect 180 days after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 101st Legislature are enacted into law:

(a) House Bill No. 4278.

(b) House Bill No. 4279.