MANY DRIVERS ARE UNAWARE IT’S ILLEGAL TO USE A HAND-HELD CELL PHONE: WHAT EVERY MICHIGAN MOTORIST SHOULD KNOW ABOUT THE NEW DISTRACTED DRIVING LAW

WHAT IS INCLUDED IN THE NEW CELL PHONE LAW?

Under the new law, drivers may not hold a cell phone, or mobile electronic device, to perform any of the following tasks while operating a motor vehicle:

• Make or receive a call
• Send, receive or read a text message
• View, record or transmit a video
• Access, read or post to a social networking site

Additionally, the law defines “holding” as physically supporting the phone with any part of the hands, arms or shoulders. Therefore, tucking a phone between your ear and shoulder can result in a ticket and/or a fine.

Recommended reading: Dangerous Driving Habits Cause Surge in Fatal Michigan Car Accidents

WHAT IS DISTRACTED DRIVING?

Distracted driving occurs whenever a driver takes their eyes, hands or mind away from the road and the task of driving.

There are three main types of distracted driving:

1. Visual: when a driver takes their eyes off the road
2. Manual: when a driver takes one or both hands off the wheel
3. Cognitive: when a driver’s mind or attention are focused on something other than driving

Hand-held cell phones are particularly dangerous because they cause all three types of distraction.

Recommended reading: New Michigan Law Prohibits Hand-Held Cell Phones

HOW IS THE RECENT CELL PHONE LAW DIFFERENT FROM THE OLD ONE?

The new law expands the previous ban on texting while driving by making it illegal for drivers to holding a phone in their hands for any reason while operating a motor vehicle.

While texting and driving continues to be a dangerous practice, other risky behaviors such as using cell phones to watch videos or access social media sites have also risen, resulting in more serious and fatal accidents.

In addition, simply holding a cell phone while operating a motor vehicle increases the risk of a crash because it prevents drivers from keeping both hands on the steering wheel. If two hands are suddenly needed to avoid a car that unexpectedly swerves or switches lanes, the driver may not be able to react in time.  

Further, because the majority of people are right-handed, most drivers hold their phone with their left hand and keep their dominant hand on the steering wheel. This obstructs the view when looking to the left, which is especially dangerous when changing lanes or navigating one of Michigan’s many roundabouts.

Recommended reading: Is It Important to Obtain a Police Report After a Michigan Car Accident?

WHY ARE HAND-HELD CELL PHONES SO DANGEROUS?

Using a hand-held device significantly increases the likelihood of a serious accident. In fact, texting and driving increases the risk of a crash by 23 times. What’s more, even drivers who hold a phone while talking are four times as likely to have an accident, according to data from the U.S. Department of Transportation.

While it may be tempting to send or read a quick text, taking your eyes off the road for only five seconds at 55 m.p.h. is equivalent to driving the length of a football field while wearing a blindfold.

In addition, research shows it takes the average brain 27 seconds to return to the original task after an interruption. Therefore, even a brief distraction can cause a driver to have an accident, especially at higher speeds.

Recommended reading: The Latest Michigan Car Accident Statistics: What Drivers Should Know

WHAT ARE THE PENALTIES FOR VIOLATING THE HANDS-FREE CELL PHONE LAW?

Disobeying the hands-free statute is considered a “primary offense,” which means police do not need another reason to stop drivers using hand-held devices.  

The penalties for passenger vehicle drivers who violate this law are as follows, although other penalties may apply if a driver commits an additional traffic offense, such as speeding or driving under the influence of drugs or alcohol.

• First offense: $100 fine
• Subsequent violations: $250 fine  
• Three or more violations: $250 fine plus mandatory driver’s education course

School bus or commercial vehicle drivers are subject to fines up to $500 per violation.

However, the law does not apply if a motorist uses a hand-held cell phone in certain emergency situations where it is necessary to call or text 9-1-1 to report the following:

•  A traffic accident, fire, dangerous road hazard or medical emergency 
•  A motorist who is driving recklessly and/or appears to be under the influence of alcohol or drugs
•  A crime in process

Recommended reading: The Three Types of Distracted Driving: What Every Michigan Driver Should Know

WHAT OTHER DISTRACTIONS SHOULD DRIVERS AVOID?

While cell phones are the most common distraction, the following behaviors can be equally dangerous:

Eating or drinking while driving

• Adjusting the radio or other audio device
• Programming a navigation system
• Attempting to retrieve something from the floor or back seat
• Assisting children or other passengers
• Personal grooming such as shaving or applying make-up

Recommended reading: Do You Need A Lawyer For A Car Accident That Was Not Your Fault?

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