HOUSE BILL No. 5396

 

October 31, 2007, Introduced by Reps. Sak, Bieda and Dean and referred to the Committee on Transportation.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

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

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 602b. (1) A person shall not read, write, or send a text

 

message on a wireless 2-way communication device, including a radio

 

telephone used in cellular telephone service or personal

 

communication service, while operating a motor vehicle on a highway

 

or street in this state.

 

     (2) Subsection (1) does not apply to an individual who is

 

using a device described in subsection (1) 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) An individual who violates this section is responsible for

 

a civil infraction punishable by a fine of $500.00.