NEW LAWS

Text Messaging While Driving
Effective, July 1, 2010, Public Act 60 prohibits drivers from reading, writing and sending text messages while operating a motor vehicle.

Specifically the bill states:

"A person shall not read, manually type, or send a text message on a wireless 2-way communication device that is located in the person's hand or in the person's lap, including a wireless telephone used in cellular telephone service or personal communication service, while operating a motor vehicle that is moving on a highway or street in this state.”

There are exceptions for law enforcement and emergency situations.

It is a civil infraction and the individual shall be responsible to pay a civil fine for a first violation, $100; and for a second or subsequent violation, $200."

This law was passed as a primary offense, which means a person could be pulled over and ticketed based on the text messaging offense alone.

Vehicle Removal Following an Accident
Effective, March 9, 2010, MCL 257.618a amends the Michigan Vehicle Code to require a vehicle to be removed from the main traveled portion of a roadway following a crash, if the vehicle could be operated normally and moved safely, unless the vehicle operator knew or reasonably should know that a serious injury or death had resulted from the crash.

The operator or an occupant with a valid driver license would have to move the vehicle to the shoulder, emergency lane, or median, or to a place otherwise removed from the roadway.

A person who violated this law would be responsible for a civil infraction.  The operator or other person who removed a motor vehicle as required before the arrival of a police officer would not be prima facie at fault regarding the cause of the crash solely by reason of removing the vehicle.

The decision of the operator or any other person to remove or not to remove a vehicle from the main roadway would not be admissible in a civil action as evidence that a serious impairment of bodily function had or had not resulted from the crash.