Michigan Texting Ban

[mrtoledo]

What is the name of your state (only U.S. law)? MI

Michigan as recently enacted a law banning text messaging while driving. Below is the verbiage of the law.

The law seems a little vague. What constitutes a text messaging. Todays phones can do so much more than send a text messages. Reading a website, online bill paying, or a million other tasks (which also should never be done while driving) can be done with todays smartphones.

What tasks that you can perform would be in violation of this new law? Is an e-mail a text message? What about watching a You Tube Video on your phone while driving? Yes, most of these actions may be against the law in other sections, this was just some questions that were pondered around the water cooler at work.

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257.602b Reading, typing, or sending text message on wireless 2-way communication device prohibited; exceptions; violation as civil infraction; fine; local ordinances superseded.
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.

(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) 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.

(4) 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.

 

[justalayman]

What tasks that you can perform would be in violation of this new law?

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

Is an e-mail a text message?

that is uncertain. On one hand, by the simple definition of a text message, yes, it is, but by the spirit of the law, I do not believe so.

What about watching a You Tube Video on your phone while driving?

Not illegal per this law but as you state, it is covered in other laws.

the problem it presents for me is the fact it takes several button functions on my phone for me to make a phone call so it could be perceived that I am texting rather than making a phone call.

 

[HighwayMan]

Seems pretty clear to me. If the activity involves looking at the device or typing on it then it's illegal.

 

[justalayman]

Seems pretty clear to me. If the activity involves looking at the device or typing on it then it's illegal.

not quite. You can make phone calls and recieve phone calls. As I said previously, I have to touch my phone several times to make a phone call. I have to turn the phone on, Then touch the phone key that changes the screeen to the phone mode. Then I have to touch a key to bring up either my dial pad or my phonebook. Then, if using the phone book, I have to scroll through my book until I find my target. Then I touch the name. Then I have to chose which of the phone numbers I have saved for that person to actually call by touching the number. Then it makes the call.

If I use the keypad, once I get to that screen, I have to "dial" the number.

That could look as if I am typing a text but unless I am, it is completely legal.

that is part of the discussion we are having around here: how are the police to determine if a person was texting or using the phone for other legal purposes. It's going to be hard to enforce as I look at it.

 

[The Occultist]

that is part of the discussion we are having around here: how are the police to determine if a person was texting or using the phone for other legal purposes. It's going to be hard to enforce as I look at it.

Sorta makes me wonder if they're actually trying to enforce that law for all of the good reasons why it should be illegal, or if they're simply creating just one more way to make a "valid stop".

 

[justalayman]

Sorta makes me wonder if they're actually trying to enforce that law for all of the good reasons why it should be illegal, or if they're simply creating just one more way to make a "valid stop".

I actually believe they have the right intention with the law. I do believe texting while driving is a problem and a huge distraction but as one can see, making a call on my phone takes so much attention that it is also distracting beyond what many people can deal with.

This may sound strange coming from me but in all reality, I do not have a big problem with requiring a hands free phone usage law. While people can argue whatever they want, I know I am a good driver but I have even fallen prey to inattention due to phone usage. It is a problem. It does distract a driver from the what is easily a life or death situation; driving.

Even a handsfree (bluetooth) device does not remove all the distraction. Talking with a person on the phone does pull the drivers attention from the task as hand. Yes, it is different than talking to a person in the car. It allows the person's mind to wander about the conversation from their phone with the other party having no idea of the situation and conditions the driver is experiencing. At least with a conversation with a person in the car, that other person sees what is happening all around and either knows to shut up or their reaction to a situation will clue the driver to an impending situation that requires full driver attention.

 

[HighwayMan]

that is part of the discussion we are having around here: how are the police to determine if a person was texting or using the phone for other legal purposes. It's going to be hard to enforce as I look at it.

That's why the law leaves alot to be desired, same with the one here in NY.

I think it would be better to simply prohibit holding the device in your hand for any reason, period.