Michigan ban on holding phones while driving takes effect Friday: Here are details

Lansing — A comprehensive ban on holding phones while driving takes effect Friday across Michigan, meaning actions that were previously allowed inside vehicles under state law will now be illegal and potentially bring $100 fines.

Gov. Gretchen Whitmer signed the new restrictions into law on June 7. She said they were intended to reduce distracted driving and prevent accidents.

"Too many Michiganders have lost loved ones to distracted driving, and everyone should be safe on their way to school, home or work," Whitmer said earlier this month.

In the past, Michigan drivers had been prohibited from using their phones to send text messages while operating a moving vehicle. The new standards go far beyond that, generally banning the use of cellphones to do "any task" while driving, including at a stop sign or stoplight.

The law specifically says drivers cannot use their phones to send or receive a call, send or receive a text message, watch a video or "access, read or post to a social networking site."

Shanon Banner, spokeswoman for the Michigan State Police, said the agency doesn't have plans at this time for specific patrols focused on the new law. But, she said, troopers will be enforcing it.

"Like all traffic laws, voluntary compliance is always the goal to avoid the need for a traffic stop in the first place," Banner said.

In Northville Township, Chief of Police Scott Hilden said the department would continue its policy of focusing on traffic safety while letting officers use their discretion when making stops.

“We provided the information on the law change to our officers," Hilden said in a Thursday statement. "Our agency will adjust to the new law, and it’s up to the individual officer to use his or her discretion on if the incident warrants a warning or a ticket.”

Law enforcement agencies have been working to get the word out about the new restrictions, said Jon Gale, Norton Shores police chief who serves as the head of the Traffic Safety Committee for Michigan Association of Chiefs of Police and sits on the Governor’s Traffic Safety Commission.

"It’s going to be a bit of a lifestyle change for a lot of people, but deep down, I think most people know it’s a good law," Gale said.

Gale said he remembered when Michigan’s seat belt law took effect in 1985 and the resultant grumbling.

“But I’m not seeing as much pushback this time around,” he said. “Maybe I’m wrong, but I think people understand that this is common sense because it’s something we all have experience with as drivers. A lot of people maybe have been on their phone and swerved and realized how close they came to something serious.

"And I’ve seen truck drivers swerve into the next lane and when I catch up to them, sure enough, they’ve got their head in their phone and didn’t even know they’d done it. It’s pretty scary.”

How far the ban reaches

With a few narrow exceptions, the new law says Michigan drivers can no longer operate their cars and their phones at the same time.

In an informational video released by the Ingham County Sheriff's Office, Sheriff Scott Wriggelsworth said drivers won't be able to pick up their phones, won't able to put their phones to their ears and won't be able to have phones in their hands to change their navigation systems or music.

"Operating is the key word come June 30, 2023," Wriggelsworth said in the video. "You're still considered operating a motor vehicle on a public roadway even if you're stopped at a stoplight or stop sign."

The law makes holding or using a cellphone while driving a primary offense, meaning an officer could pull someone over and ticket them for that alone, Macomb County Sheriff Anthony Wickersham's Office said in a Facebook post.

The bottom line is that drivers can't actively use their phones under the new policy, said Mike Nichols, a lawyer based in East Lansing.

What are the exceptions

The ban has exceptions for using a phone for emergency purposes, for the use of devices that are integrated into vehicles and for the use of devices that are operated in hands-free mode.

For devices in hands-free mode, drivers are supposed to only use "a single button press, tap or swipe to activate or deactivate a feature or function of the mobile electronic device or to select a telephone number or name," according to the law.

Nichols said the policy's attempt to carve out hands-free and vehicle-integrated devices was complicated and could eventually be the subject of a legal challenge to provide clarity.

For now, Nichols said his advice to drivers is they should get a bracket and mount their phones or sync their phones with their vehicles.

"Otherwise, you’re rolling the dice with a ticket," Nichols said.

Rep. Matt Koleszar, D-Plymouth, who sponsored the main bill that became the new law, said the main thing to remember is not to have your phone in your hand as you drive.

"That is how we know we save lives," Koleszar said.

A $100 fine

The penalty for a first violation of the new hands-free law is a $100 civil fine or 16 hours of community service.

A second violation brings a $250 fine or 24 hours of community service. If a driver is responsible for three or more violations within a three-year period, a court must order the individual to complete a basic driving improvement course, according to the law.

The penalty doubles if the distracted driver is at fault for an accident.

Under the law, police officers are barred from searching a vehicle or the people in it solely because of the hands-free policy.

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