HB-4254, As Passed House, May 14, 2013HB-4254, As Passed Senate, May 9, 2013

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4254

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 33 and 602b (MCL 257.33 and 257.602b), section

33 as amended by 2002 PA 494 and section 602b as amended by 2012 PA

498, and by adding section 13d.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 13d. "Electric carriage" means a horse-drawn carriage

that has been retrofitted to be propelled by an electric motor

instead of by a horse and that is used to provide taxi service.

Sec. 33. "Motor vehicle" means every vehicle that is self-

propelled, but for purposes of chapter 4 of this act motor vehicle

does not include industrial equipment such as a forklift, a front-

end loader, or other construction equipment that is not subject to

registration under this act. Motor vehicle does not include an

electric patrol vehicle being operated in compliance with the

electric patrol vehicle act. Motor vehicle does not include an

electric personal assistive mobility device. Motor vehicle does not

include an electric carriage.

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. Beginning

October 28, 2013, 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. This subsection applies beginning October 28, 2013.

(3) Except as otherwise provided in this section, a person

shall not use a hand-held mobile telephone to conduct a voice

communication ~~or to reach for or dial a mobile telephone~~ 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. This subsection

applies beginning October 28, 2013. 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.

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.

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.

(5) An individual who violates this section is responsible for

a civil infraction and shall be ordered to pay a civil fine as

follows:

(a) For a first violation, $100.00.

(b) For a second or subsequent violation, $200.00.

(6) 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.