July 13, 2005, Introduced by Rep. Stewart and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
(MCL 257.1 to 257.923) by adding section 677b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 677b. (1) Except as otherwise provided in this section, a
person shall not operate a motor vehicle on a public highway while
using any type of handheld cellular or other handheld mobile
telecommunication device.
(2) A person may use a handheld telecommunication device while
operating a motor vehicle on a public highway under any of the
following circumstances:
(a) By means of a hands-free feature or function.
(b) If the motor vehicle is not in motion and the motor is not
engaged.
(c) In an immediate health or safety emergency to obtain help
or notify authorities.
(3) An operator of a motor vehicle creates a rebuttable
presumption that the operator is using a telecommunication device
by holding it near his or her ear. The presumption is rebuttable by
evidence tending to show that the operator was not operating the
telecommunication device.