4.15Holding or Using a Mobile Electronic Device While Driving
Under MCL 257.602b(1), “an individual shall not hold or use a mobile electronic device while operating a motor vehicle” except as otherwise provided in MCL 257.602b.
MCL 257.602b(2) provides that “an individual shall not hold or use a mobile electronic device while operating a commercial motor vehicle or a school bus” except as otherwise provided in MCL 257.602b.
“[MCL 257.602b] supersedes all local ordinances regulating the use of a 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 [MCL 257.602b].” MCL 257.602b(7).
“[MCL 257.602b(1) and (2)] do not apply to any of the following situations:
(a) The use of a mobile electronic device by 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 calling or texting a 9-1-1 system, or making 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 any of the following:
(i) A fire, traffic accident, serious road hazard, or medical or hazardous materials emergency.
(ii) An 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.
(iii) A crime being committed.
(c) The use of a global positioning or navigation 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) 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 the operator's hands to operate the device, except for either of the following:
(i) Using a single button press, tap, or swipe to activate or deactivate a feature or function of the mobile electronic device or to select a telephone number or name.
(ii) Using a mobile electronic device that is integrated into a motor vehicle and utilizes the user interfaces that are permanently installed into the motor vehicle.
(e) The use of a mobile electronic device used for the sole purpose of continuously recording or broadcasting video inside or outside of a motor vehicle.
(f) The use of a mobile electronic device that is placed in a mount and used in any manner as described in subdivisions (a) to (e).” MCL 257.602b(3).
“[MCL 257.602b] does not apply to any 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.
(c) Operating, or programming 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.” MCL 257.602b(10).
The general rules for assessing costs apply to holding or using a mobile electronic device while driving. See MCL 257.907(2)(h). See Section 1.20 for a discussion of the general rules governing the assessment of costs; see also the Michigan Judicial Institute’s table for a quick reference guide.
1.Holding or Using a Mobile Electronic Device While Driving
For a first violation of MCL 257.602b(1), holding or using a mobile electronic device while operating a motor vehicle, that does not involve an accident, an individual is responsible for a civil infraction and must be ordered to pay a “$100.00 civil fine or perform 16 hours of community service, or both.” MCL 257.602b(4)(a); MCL 257.907(2)(h)(i)(A) (providing for a civil fine of the same amount and making no reference to community service). For a second or subsequent offense that does not involve an accident, an individual is responsible for a civil infraction and must be ordered to pay “a $250.00 civil fine or perform 24 hours of community service, or both.” MCL 257.602b(4)(b); MCL 257.907(2)(h)(i)(A) (providing for a civil fine of the same amount and making no reference to community service).
However, if the violation of MCL 257.602b(1) involves an accident for which the individual is at fault, the individual must be ordered to pay a civil fine “double the amount that would be ordered under [MCL 257.602b(4)], as applicable.” MCL 257.602b(6); MCL 257.907(2)(h)(i)(B) (providing for civil fines of “$200.00 for a first offense and $500.00 for a second or subsequent offense” and making no reference to fault).
2.Holding or Using a Mobile Electronic Device While Driving a Commercial Motor Vehicle or School Bus
For a first violation of MCL 257.602b(2), holding or using a mobile electronic device while operating a commercial motor vehicle or school bus, that does not involve an accident, an individual is responsible for a civil infraction and must be ordered to “pay a $200.00 civil fine or perform 32 hours of community service, or both.” MCL 257.602b(5)(a); MCL 257.907(2)(h)(ii)(A) (providing for a civil fine of the same amount and making no reference to community service). For a second or subsequent offense that does not involve an accident, an individual is responsible for a civil infraction and must be ordered to pay “a $500.00 civil fine or perform 48 hours of community service, or both.” MCL 257.602b(5)(b); MCL 257.907(2)(h)(ii)(A) (providing for a civil fine of the same amount and making no reference to community service). However, if the violation of MCL 257.602b(2) involves an accident for which the individual is at fault, the individual must be ordered to pay a civil fine of “double the amount that would be ordered under [MCL 257.602b(5)], as applicable.” MCL 257.602b(6); MCL 257.907(2)(h)(ii)(B) (providing for civil fines of “$400.00 for a first offense and $1,000.00 for a second or subsequent offense” and making no reference to fault).
Only applicable sanctions are listed below; accordingly, if a particular sanction is omitted from this section, it is not applicable to this offense. The Offense Code Index for Traffic Violations published by the secretary of state and sourced from the Michigan Department of State Court Manual includes a table detailing traffic offenses and applicable sanctions. See Section 1.41 for more information on abstracting procedures.
•Four points are assessed for “a moving violation resulting in an at-fault collision with another vehicle, an individual, or any other object.” MCL 257.320a(1)(l). See Section 1.42 for more information on points.
•Two points are assessed for “a third or subsequent violation of [MCL 257.602b]. MCL 257.320a(1)(x). See Section 1.42 for more information on points.
•One point is assessed for “a second violation of [MCL 257.602b].” MCL 257.320a(1)(y). See Section 1.42 for more information on points.
•“Points shall not be entered for a violation of [MCL 257.602b(1)].” MCL 257.320a(2). See Section 1.42 for more information on points.