A new law making it illegal to hold or use a cellphone while driving in Michigan is taking effect on Friday, June 30.
Drivers can get pulled over and ticketed if they are caught holding or using a cellphone for any reason, whether it’s to make a call, send a text, scroll social media, etc. Prior to the new rules, it was illegal to text while driving in Michigan -- but that rule was established years ago, when cellphone use and their capabilities were much different.
The Michigan Legislature approved the new rules this year in an effort to curb distracted driving and crashes related to it. Whitmer signed the legislation into law earlier this month, making Michigan one of 26 states to have hands-free driving laws on the books.
Michigan drivers should instead use hands-free options if necessary, such as making voice commands through a vehicle’s hands-free technology or a mounted cellphone. The Michigan Department of Transportation said Thursday that it will begin installing signs announcing the new law at state and border crossings. Messaging will also be posted on signs on roadways, officials said.
Here’s what you need to know about the law.
The specifics
The new hands-free driving law will make any cellphone use that isn’t hands-free illegal, including scrolling, searching, calling, etc.
The Michigan law makes it illegal to “use a mobile electronic device to do any task, including, but not limited to” the following:
- Send or receive a telephone call.
- Send, receive, or read a text message.
- View, record, or transmit a video.
- Access, read, or post to a social networking site.
It is also illegal to reach for a cellphone or mobile electronic device in a way that requires the driver to maneuver so that they’re no longer “in a seated driving position, restrained by a seat belt.”
Under the law, holding or using a cellphone while driving becomes a primary offense -- meaning that law enforcement can pull someone over and ticket them for this offense. However police are not allowed to search a driver solely because of this violation.
The law defines holding a cellphone or electronic devise as physically supporting it with “any part of the hands, arms or shoulders.”
“Mobile electronic device” is defined as any “electronic device that is not permanently installed in a motor vehicle, including, but not limited to, a device capable of text messaging, voice communication, entertainment, navigation, accessing the internet, or producing email.”
The fines
Drivers caught violating the law can face fines and/or be required to perform community service.
If a person is caught holding or using a cellphone, or mobile electronic device, while driving a regular motor vehicle, they would face the following fines:
- First violation: $100 fine or 16 hours of community service, or both.
- Second or subsequent violation: $250 fine or 24 hours of community service, or both.
- If three violations occur within a 3-year period: The driver would be ordered by the court to complete a driver improvement course.
If a person driving a commercial vehicle or a school bus is caught holding or using a cellphone, they would face the following fines:
- First violation: $200 fine or 32 hours of community service, or both.
- Second or subsequent violation: $500 fine or 48 hours of community service, or both.
If a crash were to occur and the at-fault driver was holding or using a cellphone while driving, any civil fines ordered “must be double the amount that would otherwise be ordered.”
Here’s a helpful one-sheet from the state:
Exceptions to the rule
There are some exceptions to the new driving rules.
Law enforcement, first responders and other public emergency workers won’t be prohibited from using a cellphone while performing official duties. The same exception goes for anyone calling or texting 911, a law enforcement agency, or another emergency service to report an emergency or seek help.
Drivers aren’t prohibited from using their GPS, but only if they aren’t using and holding their phone to access it or type in information. Phones can be used as navigation systems, so long as it is in a hands-free fashion, such as mounting it to the dashboard or using voice commands to control it.
Generally, hands-free cellphone use is allowed, such as using a system built into the vehicle, or using voice commands to access the phone.
Red lights are not exceptions, however. Even if a driver is at a complete stop at a red light, or in traffic, it would still be illegal to hold and use a cellphone.
The state says a driver can access and use a cellphone or device if they are “legally parked.” It does not appear that the vehicle has to be shut off to use a device if a vehicle is legally parked.
Have questions?
We’ve received some questions from you all about the new law. If you’re looking for clarification on something, you can shoot me a question via email right here. We’ll do the best we can to get your questions answered.
Read the public acts
Earlier in June, Michigan Gov. Gretchen Whitmer signed three House Bills into law after they passed through the legislature. Each of the bills are related to the hands-free driving law, and have become public acts in Michigan.
Click one of the following links to read the act in full: