Michigan brakes handheld cell phone use

distracted driving laws

Gov. Gretchen Whitmer shows off the new hands-free law at June 7 signing.

Longtime automotive capital Michigan has finally put its pedal foot down on distracted driving, by enacting a hands-free law. It goes into effect June 30.

Alabama, meanwhile, checked in with a hands-free prohibition that comes capped with secondary enforcement. And Missouri, another longtime safety laggard, enacted a hands-free law, also with secondary enforcement.

“We need to remove distractions and make our roads safer for everyone who’s using them,” Michigan Gov. Gretchen Whitmer said at the bill signing for the distracted driving package. “Each traffic death is more than just a statistic,” she said. “It’s a human being.”

The longtime supporter of a ban on handheld cell phone use while driving thanked “legislative partners, advocates, and allies who worked for years to make these bills happen.”

The new law expands the state ban on texting & driving. It comes with primary enforcement, meaning police can make a traffic stop for that reason alone. Fines begin at $100 then increase to $250, plus possible community service. There will be one point vs. the driver’s license with a second violation; two points after that.

Michigan drivers will get relatively short notice of the new traffic regulations, as states typically give at least six months between enactment and enforcement. The governor indicated that a statewide awareness campaign was about to begin. Full enforcement is expected by the July Fourth holiday period.

Michigan’s move means more than half of U.S. states now have a hands-free requirement for mobile phone use while behind the wheel. Michigan’s texting & driving law was adopted more than a decade ago. The new law — the product of a three-bill package — is seen as modernizing the state’s distraction prohibitions.

Associated activities such as watching videos and using social media are also barred under the new law. Drivers cannot hold or support portable communications devices with “any part of the hands, arms or shoulders.” Single-swipe contact is allowed, however, as in selecting a phone contact in order to conduct an otherwise voice-operated call.

Civil fines would double in cases in which distraction leads to a crash.

State Rep. Matt Koleszar of lead measure HB 4250 said upon its passage: “Distracted driving accounts for about 25 percent of all fatal crashes in Michigan. That isn’t just a statistic, but it represents real lives lost.”

Michigan’s new law overrides any local ordinances, such as the hands-free law in Detroit.

Alabama’s law includes a one-year warning period, with fines from $50 to $150 to follow, as well as points vs. the driver’s license. Police are limited to the secondary enforcement, however, meaning they need an additional reason for a stop. The measure squeaked by on the last day of the legislative session and was signed into law by Gov. Kay Ivey on June 14.

> Read more about distracted driving laws in Michigan.
> Read more about distracted driving laws in Alabama.
> Read more about distracted driving laws in Missouri.

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