Jessica Mathews / news@whmi.com


Michigan’s new "Hands-Free" distracted driving law goes into effect today.

The new law expands Michigan’s ban on texting and driving to apply to all handheld cellphone use while operating a motor vehicle, including making calls or scrolling social media. Motorists will still be able to use hands-free devices.

Holding an electronic device is defined as physically supporting it with "any part of the hands, arms or shoulder". Beginning today, it is illegal to "hold a mobile electronic device to do any task, but not limited to:

- sending or receiving a telephone call
- sending, receiving or reading a text message
- viewing, recording or transmitting a video
- accessing, reading or posting to a social networking site
- using it for GPS directions / navigation

Law enforcement, first responders and other public emergency workers will still be allowed to use a cellphone while performing official duties. Anyone calling or texting 911 or other emergency services will also be exempt from the law.

The new rules are aimed at reducing crashes and fatalities.

Michigan Office of Highway Safety Planning Director Katie Bower tells WHMI the new law makes it illegal to use a handheld mobile electronic device such as a cell phone or navigation unit while driving. She noted motorists cannot make or answer calls, send or receive texts or emails, use social media, or browse the Internet. It is also illegal to use a cell phone at stop signs and stop lights. If someone is observed while at a light or a stop sign while in operation of the vehicle, Bower said that would be a violation of the law.

Bower said she certainly hopes people will abide by the new law. She says the Office has started its media campaign to increase awareness as statistics show driving while distracted does increase the chances of getting into a crash. Bower noted it’s not just related to cell phone use and there are a lot of ways to drive distracted from trying to eat to checking yourself in the mirror. Bower stressed that “we just want people to drive - put all of the other distractions down and just drive”.

The public will see law enforcement taking action on distracted driving.

Livingston County Sheriff Mike Murphy issued a release stating “Distracted driving is one of the leading causes for crashes in Michigan. With this new legislation the Sheriff's Office is hopeful to see a reduction in these crashes and injuries caused by inattentive drivers”.

A violation of the new law would result in the following civil infraction penalties:

- 1st Offense - $100 fine and / or 16 hours community service
- 2nd Offense or more - $250 fine and / or 24 hours of community service
- If a crash occurs and the at-fault driver was holding or using an electronic
device, fines would be doubled

For Commercial Vehicles and School Buses the following civil infraction penalties would occur:

- CMV 1st Offense - $200 fine and / or 32 hours of community service
- CMV 2nd Offense - $500 fine and / or 48 hours of community service

In signing the bill earlier, Governor Gretchen Whitmer said the new law takes effect during the most dangerous time of the year to be on the road - the period between Memorial Day and Labor Day.

Over half of all states currently have bans on handheld devices for all drivers.
Data recently released by the state Office of Highway Safety Planning shows that Michigan traffic fatalities remain alarmingly high, although there was said to be some good news in that teen and alcohol-involved deaths decreased during 2022. A press release with that new data is attached.

The full interview with Bower can be heard on WHMI’s Viewpoint program this Sunday morning at 8:30.