On June 7, 2023, Michigan Governor Gretchen Whitmer signed three bills aimed at reducing distracted driving to make Michigan roadways safer. One of the bills, known as the “hands-free law,” went into effect on June 30th. This law makes Michigan the 26th state with hands-free driving legislation.
The distracted driving law expands upon a 2010 bill passed by former Michigan Governor Jennifer Granholm that banned texting and driving. The new bill not only prohibits texting while driving — it takes mobile devices out of drivers’ hands completely, restricting hands-on use of devices while operating a motor vehicle.
“This legislation is designed to make our roads safer for every driver and passenger in Michigan and provide law enforcement with the tools they need to crack down on this dangerous behavior,” State Representative Matt Koleszar said.
The law prohibits using mobile devices while driving unless the device is being used via a hands-free program or device, such as a physical car mount or Apple CarPlay. However, device usage is allowed when a driver is calling emergency services or reporting a crime. Further, on-duty public safety workers are exempt from the law.
Violators of Michigan’s distracted driving law will face a range of penalties ranging from community service to re-education, depending on the severity of the violation.
First-time law violations will result in a non-point citation and a $100 fine or 16 hours of community service. The second offense will result in a $250 fine or 24 hours of community service. Financial penalties will double for violating drivers involved in an automobile collision.
Additionally, drivers of commercial vehicles and school buses will be subject to increased penalties under the law.
Any driver who incurs a third violation in three years may be ordered to take a Basic Driver Improvement Course (BDIC) to avoid losing their driver’s license.
The legislation was created in response to the fast-growing safety issue of distracted driving. According to Michigan Traffic Crash Facts, there were 14,236 motor vehicle crashes involving a distracted driver in 2020 — 48 resulted in a fatality.
The hands-free law aims to reduce distracted driving by restricting one’s ability to employ a device as a visual, manual or cognitive distraction while driving.
“I think this law will make Michigan roads safer because people will have the fear of being penalized for using their phone while driving, which will encourage people to refrain from using their devices,” OU senior Sana Sajjad said.
To ease compliance with the hands-free law, the Michigan State Police encourage the public to utilize their phone’s Do Not Disturb feature and to place their devices in an out-of-reach and out-of-sight area while driving.
For more information about Michigan’s Vehicle Code, visit the Michigan Legislature webpage. To learn about OUPD’s distracted driving enforcement procedures, utilize the OUPD general police email: [email protected].
