Michigan Hams Exempt from “distracted driving” Law

In Michigan, Governor Gretchen Whitmer recently signed into law a bill making it illegal to manually use a cell phone or other mobile electronic device while operating a vehicle on Michigan roads. Under the law, which went into effect 1st July 2023, a driver cannot hold or support a phone or other device with any part of their hands, arms, or shoulders.

Sec. 602b.

(1) Except as otherwise provided in this section, an individual shall not hold or use a mobile electronic device while operating a motor vehicle. This subsection does not apply to an individual operating a commercial motor vehicle or a school bus.

(2) Except as otherwise provided in this section, an individual shall not hold or use a mobile electronic device while operating a commercial motor vehicle or a school bus. As used in this subsection, “use a mobile electronic device” means 1 or more of the following:

(a) Using a mobile electronic device to do any task, including, but not limited to, any of the following:

(i) Send or receive a telephone call.

(ii) Send, receive, or read a text message.

(iii) View, record, or transmit a video.

(iv) Access, read, or post to a social networking site.

Fortunately, our ARRL volunteers were able to make sure that lawmakers exempted radio amateurs from this restriction. The exemption reads:

“Mobile electronic device” means an electronic device that is not permanently installed in a motor vehicle, including, but not limited to, a device capable of text messaging, voice communication, entertainment, navigation, accessing the internet, or producing email. Mobile electronic device does not include either of the following:

(i) A radio designed for the Citizens Band Service or the Amateur Radio Service of the Federal Communications Commission or a commercial 2-way radio communications device or equipment permanently installed in a motor vehicle.

(ii) A medical device that is designed to be worn, including, but not limited to, an insulin pump.

The Michigan Section recommends printing out the bill and carrying it with you in the car in case you are stopped by law enforcement and told you cannot operate a radio in your vehicle. While the Michigan State Police seem to understand the law, some of the smaller police departments may not be aware that amateur radio operators are exempt.

Distracted Driving Bill - http://www.legislature.mi.gov/documents/2023-2024/publicact/pdf/2023-PA-0041.pdf