Your Phone Behind The Wheel
MCL 257.602b — hands free, and what counts as holding
A driver may not hold or use a mobile electronic device while operating a motor vehicle. Hold means to physically support the device with any part of the hands, arms or shoulders. Use covers any task, including calls, sending, receiving or reading texts, viewing, recording or sending video, and social media. Operating includes being temporarily stopped in traffic, at a light or at a stop sign; a vehicle that is lawfully parked is not being operated.
The section does not apply to any of these:
- Calling or texting 9-1-1, or an emergency call to police, a health care provider or the fire department, to report a fire, a crash, a serious road hazard, a medical emergency, a reckless or impaired driver, or a crime in progress.
- Navigation, if nothing is entered by hand.
- Voice operated or hands free use, including a single press, tap or swipe to start or stop a function or pick a number or name, and systems built into the vehicle.
- A phone placed in a mount and used in any of those ways.
- A device used only to continuously record or broadcast video inside or outside the vehicle.
| The violation | A civil fine, community service, or both |
|---|---|
| The violationFirst | A civil fine, community service, or both$100 or 16 hours |
| The violationSecond or later | A civil fine, community service, or both$250 or 24 hours |
| The violationAny of those, while at fault in a crash | A civil fine, community service, or bothThe fine is doubled |
| The violation3 or more within 3 years | A civil fine, community service, or bothA court ordered basic driver improvement course |
Enough for a ticket. Not enough for a search. An officer may treat a violation as the only reason for a citation. The section also says an officer may not search the vehicle, the driver or a passenger solely because of a violation of it.
Points go on the driving record for a second violation, 1 point, and for a third or later, 2 points.
Commercial vehicles and school buses have a stricter rule and higher fines in the same section: $200 or 32 hours, then $500 or 48 hours. The section carries its own end date, 5 years after the effective date of the amendment that added its list of definitions; the Legislature's history note lists its latest amendment as 2023, Act 41, in effect June 30, 2023.
Sources for this section (2)
- MCL 257.602b — Holding or using a mobile electronic device while driving
- MCL 257.320a — Points recorded for each violation
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.