Legislative Analysis
Phone: (517) 373-8080
HOLDING OR USING MOBILE DEVICES WHILE DRIVING
http://www.house.mi.gov/hfa
House Bill 4250 as enrolled
Analysis available at
Sponsor: Rep. Matt Koleszar http://www.legislature.mi.gov
House Bill 4251 as enrolled
Sponsor: Rep. Tyrone Carter
House Bill 4252 as enrolled (Enacted as Public Acts 39, 40, and 41 of 2023)
Sponsor: Rep. Mike Mueller
House Committee: Transportation, Mobility and Infrastructure
Senate Committee: Civil Rights, Judiciary, and Public Safety
Complete to 5-17-23
SUMMARY:
House Bills 4250, 4251, and 4252 would amend the Michigan Vehicle Code to prohibit, with
some exceptions, holding or using a cell phone or other mobile device while operating a motor
vehicle, beginning June 30, 2023. This prohibition would replace provisions that now prohibit
texting while driving and, for specific types of drivers, making or taking phone calls in certain
circumstances. The new prohibition would generally prohibit holding a device or using it for
any reason, including among other things texts, calls, videos, and engaging with social network
sites. The bills would provide exceptions for specific cases such as hands-free or emergency
use. Violations could result in a civil fine, community service, a driver improvement course,
or points on the driver’s driving record, depending in part on circumstances such as repeat
violations. However, none of these prohibitions would apply five years after the date House
Bill 4250 is enacted. 1
House Bill 4250 would amend section 602b to generally prohibit holding or using a mobile
electronic device while operating a motor vehicle on a public roadway; provide exceptions to
that prohibition; and prescribe sanctions for a violation.
Current law
Section 602b now prohibits a person from using a wireless two-way communication device 2
in their hand or on their lap to read, manually type, or send a text message while operating a
motor vehicle that is moving on a highway or street. The same prohibition applies to a person
operating a commercial motor vehicle or school bus on a highway or street, except that those
vehicles do not have to be moving for a violation to occur. Section 602b also prohibits a person
operating a commercial motor vehicle or school bus on a highway from using a hand-held
mobile telephone for voice communication, unless the vehicle or bus has been moved off or to
the side of the highway and has stopped in a place where it is safe to remain stopped. 3 A person
who violates these provisions is responsible for a civil infraction and must pay a $100 fine for
a first violation and a $200 fine for any subsequent one.
1
Except for the prohibition on cell phone use by teen drivers with a level 1 or 2 license (see House Bill 4252).
2
This includes a cell phone, but does not include an on-demand automated motor vehicle network.
3
These provisions mirror regulations that have been in effect at the federal level since 2010 for texting and since 2012
for hand-held mobile telephones.
House Fiscal Agency Page 1 of 8
 However, the above prohibitions do not apply if the person is using the device to report a traffic
accident, medical emergency, serious road hazard, or situation they think puts their safety at
risk or to report or prevent a crime. The prohibitions also do not apply to a police officer, law
enforcement official, member of a fire department, or operator of an emergency vehicle while
carrying out their official duties or to a person operating or programming the operation of an
automated motor vehicle while testing or operating it without a human operator.
Prohibition, exceptions, and sanctions under the bill
The bill instead would prohibit an individual from holding or using a mobile electronic device
while operating a motor vehicle. (Under the code, a motor vehicle means any vehicle that is
self-propelled, with some exceptions, such as for industrial equipment, mobility devices, and
electric bicycles and skateboards.)
Use a mobile electronic device would mean to perform any task with the device,
including any of the following:
• 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.
For operators of a commercial vehicle or school bus only, use a mobile electronic
device would additionally include reaching for a mobile electronic device in a way that
causes the driver to move out of a seated driving position in which they are restrained
by a seat belt that is properly installed and adjusted as described in the bill. 4
Mobile electronic device would mean an electronic device that is not permanently
installed in a motor vehicle. At the least, it would include devices capable of text
messaging, voice communication, entertainment, navigation, accessing the internet, or
producing email. However, it would not include either of the following:
• A CB or ham radio (one designed for the Citizens Band Service 5 or the
Amateur Radio Service 6 of the Federal Communications Commission) or a
commercial two-way radio communications device or equipment permanently
installed in a motor vehicle.
• A medical device that is designed to be worn, such as an insulin pump.
Operate would mean to drive or assume physical control of a motor vehicle on a public
way, street, road, or highway. This would include times when the vehicle is not moving
temporarily because of traffic, road conditions, or a traffic light or stop sign, but it
would not apply to a vehicle that is legally parked.
Social networking site would mean any web-based service that allows individuals to
construct a profile within a founded system and communicate with other users of the
site for social or amusement purposes.
Hold would mean to physically support with any part of the hands, arms, or shoulders.
4
This applies to these drivers under current state law and is part of federal regulations regarding hand-held device use
by holders of commercial driver’s licenses (see footnote 3).
5
https://www.fcc.gov/wireless/bureau-divisions/mobility-division/citizens-band-radio-service-cbrs
6
https://www.fcc.gov/wireless/bureau-divisions/mobility-division/amateur-radio-service
House Fiscal Agency HBs 4250 (H-5), 4251 (H-4), and 4252 (H-2) as passed Page 2 of 8
 The above prohibition would not apply to any of the following:
• Using a 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 entity to report any of the following to the
appropriate authorities:
o A medical emergency, traffic accident, serious road hazard, fire, or hazardous
materials emergency.
o Someone driving in a reckless or unsafe manner or who appears to be driving
under the influence of alcohol or drugs.
o A crime being committed.
• Using a device’s global positioning system (GPS) or navigation feature as long as
information is not entered by hand.
• Using a device in a voice-operated or hands-free mode as long as the driver does not
use their hands to operate it beyond either of the following:
o Using a single button press, tap, or swipe to activate or deactivate a function of
the device or to select a name or phone number.
o Using the permanently installed user interfaces of a device that is integrated
into the motor vehicle.
• Using a device used solely to continuously record or broadcast video inside or outside
of the motor vehicle.
• The use of a device by a law enforcement officer, firefighter, paramedic, emergency
medical technician, operator of an authorized emergency vehicle, or similarly engaged
paid or volunteer public safety first responder while carrying out their official duties.
• Using a device that is placed in a mount and used in a manner already exempted above.
• The use of a device by a public utility employee or contractor acting within the scope
of their employment when responding to a public utility emergency.
• Any of the following related to automated driving systems:
o 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, 7
or an automated vehicle equipped with such an automated driving system,
during testing or operation with the automated driving system engaged.
o 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.
o Operating, or programming the operation of, an automated motor vehicle while
testing or operating it without a human operator while the automated driving
system is engaged.
An individual who violates the above prohibition while operating a vehicle other than a school
bus or commercial vehicle would be responsible for a civil infraction and would have to be
ordered to do the following:
• For a first violation, pay a $100 civil fine or perform 16 hours of community service,
or both.
• For a subsequent violation, pay a $250 civil fine or perform 24 hours of community
service, or both.
7
See https://www.sae.org/binaries/content/assets/cm/content/blog/sae-j3016-visual-chart_5.3.21.pdf
House Fiscal Agency HBs 4250 (H-5), 4251 (H-4), and 4252 (H-2) as passed Page 3 of 8
 An individual who violates the above prohibition while operating a school bus or commercial
vehicle would be responsible for a civil infraction and would have to be ordered to do the
following:
• For a first violation, pay a $200 civil fine or perform 32 hours of community service,
or both.
• For a subsequent violation, pay a $500 civil fine or perform 48 hours of community
service, or both.
A civil fine ordered in either case described above would have to be doubled if, while violating
the above prohibition, the individual was involved in an accident where they were at fault.
A court would have to order an individual responsible for three or more civil infractions under
the bill within a three-year period (but only those involving a vehicle other than a school bus
or commercial vehicle) to complete a basic driver improvement course within a reasonable
time as determined by the court.
Enforcement and applicability
A police officer enforcing the above prohibition could treat a violation as the primary or sole
reason for issuing a citation to a driver. However, a police officer could not search a motor
vehicle, the driver, or a passenger solely because of that violation.
Finally, the bill provides that all of the provisions described above will no longer apply five
years after the bill’s effective date. 8
MCL 257.602b
House Bill 4251 would make related changes regarding commercial motor vehicles, driving
record points, and driver improvement courses.
Commercial motor vehicles (serious traffic violations)
Currently, a violation of section 602b(2) or (3), the provisions that address device use by the
operator of a commercial motor vehicle or school bus, is defined as a serious traffic violation
for purposes of section 319b of the code, which pertains to commercial motor vehicles. The
bill would instead define a violation of House Bill 4250 that involves a school bus or
commercial motor vehicle as a serious traffic violation for those purposes.
Among other things, section 319b requires the secretary of state to immediately suspend or
revoke all commercial learners permits or vehicle group designations on the driver’s license of
a person who is convicted of or found responsible for multiple serious traffic violations while
operating a commercial motor vehicle, as follows:
• For two serious traffic violations arising from separate incidents within three years, the
suspension is for 60 days.
• For three serious traffic violations arising from separate incidents within three years,
the suspension is for 120 days, to be served consecutively to any 60-day suspension
imposed as above.
8
A note in a previous summary of these bills said that, in this case, the state would be out of compliance with federal
law with regard to required commercial driver license (CDL) sanctions for serious traffic violations. That note was
incorrect. It appears that the state would be in compliance as long as it could impose CDL sanctions as required for
serious traffic violations involving the relevant laws of other states.
House Fiscal Agency HBs 4250 (H-5), 4251 (H-4), and 4252 (H-2) as passed Page 4 of 8
 Driving record points
Under current law, points cannot be assessed against a driver’s driving record for a violation
of section 602b(1), the provision that now prohibits texting by the operator of a motor vehicle
other than a commercial vehicle or a school bus. The bill would remove this provision and
instead require one point to be entered for a second violation of section 602b (that is, House
Bill 4250) and two points for a third or subsequent violation.
Basic driver improvement course
Section 320d of the code now provides that drivers who commit a moving violation can be
eligible 9 to take a basic driver improvement course 10 if they are not ruled out by specified
criteria (such as the gravity of the violation and whether there are repeat violations or existing
license restrictions). The secretary of state must make the course available to eligible drivers.
If the driver successfully completes the course, the secretary of state is prohibited from entering
points on the driver’s driving record or making information about the moving violation
available to insurance companies.
The bill would add that the above provisions do not apply to an individual who is not being
offered the basic driver improvement course based on the eligibility criteria, but has instead
been ordered by a court to complete the course (i.e., under House Bill 4250). The secretary of
state would have to enter the driving record points for a driver who completes a court-ordered
basic driver education course but would otherwise not be eligible for it under the eligibility
criteria that apply to the course when not ordered by a court.
Finally, the bill would remove references to some sections of law that have been repealed.
MCL 257.319b, 257.320a, and 257.320d
House Bill 4252 would amend section 602c, which generally prohibits an individual with a
level 1 or 2 graduated license 11 from using a cell phone to initiate or answer a call or to listen
or communicate verbally through the phone while operating a vehicle on a highway or street.
The bill would retain this provision, but would add language stating that it is in addition to the
requirements of section 602b (House Bill 4250). 12 This provision would not apply to an
individual who is using a cell phone to report a traffic accident, medical emergency, serious
road hazard, or situation they think puts their safety at risk or to report or prevent a crime. A
person who violates section 602c is responsible for a civil infraction and must pay a civil fine
in an amount of up to $100.
9
See https://www.michigan.gov/sos/-/media/Project/Websites/sos/06lawensn/BDIC_Civil_infractions_eligible.pdf
10
https://www.michigan.gov/sos/faqs/license-and-id/basic-driver-improvement-course
11
Typically, but not always, these drivers are 14 to 16 years old. Michigan has a 3-tier driver licensing process that
requires new drivers to gain experience before earning full licensure. Level 1 and 2 graduated licenses are restricted
licenses issued in conjunction with driver education courses, the accumulation of behind-the-wheel experience, and