Michigan Hands Free Driving Law 2023

Jason Waechter, THE Motorcycle Lawyer, teams up with Detroit rapper Comic to write, produce, and create this rap video to spread awareness of Michigan’s new hands-free cell phone law. 

 
 

Michigan's hands-free driving law information and our PSA, the awesome rap song Put It In The Mount!

Put It In The Mount - Comic featuring Jason Waechter, The Motorcycle Lawyer

 

Basically, the new law makes it illegal to hold your phone while behind the wheel. If you do, whether texting, talking, scrolling or watching your cell, there can be fines, points and driving classes imposed. 

 

“This video is off-the-hook and a must-watch!  Share it now please. Hopefully the new law will make it safer for motorcyclists.”

- R.J. Calles,  Editor Thunder Roads Magazine

Michigan’s Hands-Free Cell Phone Law

Michigan’s new hands-free cell phone law was activated on June 30, 2023.  Jason Waechter, THE Motorcycle Lawyersm, explains Michigan Compiled Law, MCL 257.602b “Reading, typing, or sending text message on wireless 2-way communication device prohibited; use of hand-held mobile telephone prohibited.”
 
What Can’t You Do Now?
The new hands-free law pertains to “operating” a motor vehicle while holding a phone is now in effect.  Basically, just holding your phone while behind the wheel is an infringement.  There are even more serious penalties if you violate the following:
You can NOT send or receive telephone calls;
You can NOT send, receive or read text messages;
You can NOT access, read or post on social media;
You can NOT view, record or transmit video;
You can NOT dial a number by hand;
You can NOT type an address into GPS or a navigation feature;
 
What does “Operate” a Vehicle and “Hold” a Phone Mean?
“Operate” a motor vehicle under this law means driving on a public road, but also includes when you are stopped in traffic, at traffic lights, and stop signs.   The definition of "operate" explicitly excludes motor vehicles that are lawfully parked.  So, if you want to stay legal, do not hold your phone unless parked off the roadway.
“Holding” your phone includes in your hand, arm or shoulder.  So, you are violating this law if you place the phone in the crook of your neck.
 
Police Can Now Pull You Over for Holding a Phone
Police can pull you over:  The law makes holding or using a cell phone while driving a primary offense-- meaning an officer can pull you over and take it you if they see you holding a phone.  
 
How to be legal:  You can use a cell phone if it is in voice operated or hands-free mode.  You can also use a single button to press, tap or swipe to activate or deactivate a feature or function or to select the telephone number name.
 
My best advice is to “put it in a mount” and that’s why I had the idea for, produced and was featured in our rap video, “Put it in the Mount.”  So as soon as you get in your vehicle, place your cell phone in a mount and keep it there.  MCL 257.602b(3)(f)
 
Exceptions: This law doesn’t apply to police, firefighters, emergency medical people, and first responders.  It does not apply to calling or texting 911, the police or the fire department.  Lastly, it does not apply to GPS or navigation feature of cell phone if the information is not entered by hand, MCL 257.602b(3)(c).  However, I advise to type in the address when parked and then place the device in a mount.
 
Penalties for Violating Michigan’s Hands-Free Cell Phone Law
Penalties for just operating a vehicle while holding a phone: 
First violation $100 fine or 16 hours of community service or both, no points.
Second violation: $250 fine or 24 hours of service or both, 1 point.
Third violation or more: $250 fine or 24 hours of service or both and must do driver improvement course.
Penalties for operating a vehicle while holding a phone and texting, on a call, view/watch video or access social media:
First violation: $200 fine or 32 hours of community service, or both. 
 
Second or subsequent violation: $500 fine or perform 48 hours of community service, or both. 
 
These are civil infractions meaning you may get a ticket, points, or community service, but no jail time.
 
Jason’s analysis: This law is not perfect.  Its goal is to cut down on distracted driving which is especially dangerous to the motorcycle community.  Distracted driving leads to many serious accidents and by going hands-free the hope is to reduce them significantly.  
This law does seem to have a loophole-- as long as your phone is in a mount, you are allowed to manipulate it if you only use a tap or swipe.  Michigan’s hands-free cell phone law is a step in the right direction.  I encourage the legislature to press on in this regard.
Please share our rap video, “Put it in the Mount.”  Jason and Comic are available for interviews of any kind.  Please call Jason’s office.