Ask Trooper Rob: Typing, reading texts while driving could result in fine

Published 9:39 pm Thursday, September 29, 2011

Q: I saw a state trooper (Tpr. Bryon Bierema) changing the tire of a stranded motorist the other day. Thank you for that. What should we do if we become stranded on the side of the road? — Judi from Niles
A: Thank you for the compliment. Assisting stranded motorists is another service your Michigan State Police provide. The following are some safety tips for driving, especially with inclement weather just around the corner.
Before beginning your travels, you should make sure your vehicle is in good working condition. Ensure all lights and other equipment is in working order. This includes your horn, wipers and spare tire and tire changing equipment. MVC 257.683 discusses defective equipment, a waiverable citation. Make sure your registration and proof of insurance are current and you have your driver’s license or identification card with you, even if you are the passenger.
During the ride, minimize all distractions. Have your CDs or radio preset and know where all the knobs are to turn on lights and wipers without taking your eyes off the road. Constantly be checking your mirrors and blind spots. If talking on the phone, either pull over or use hands free devices. There is no law saying you can’t talk on the phone while driving, but it’s just another distraction. However, texting while driving (see next question) is illegal and can be deadly. Remind your passengers to not be a distraction to the driver. Do not participate with road rage!
After: When you reach your destination, ensure your vehicle is ready for the next drive. Gas, oil and tire pressure should be checked. If you were traveling a long distance and left an itinerary, check in with someone of your status. Police dispatch has received numerous calls in the past asking if there have been any crashes reported between here and the Upper Peninsula. This is usually because a family hasn’t checked in or updated their status with other friends or family, causing worry and the phone call to us.
If you become stranded, it’s recommended to stay with your vehicle. Lift your hood to give the signal you need assistance. Using a sunshade and lipstick, a message of “Help” may be written and the cell phone calls from passing motorists will be made. Have a safe and enjoyable travel.
Q: I thought texting while driving was a new law. Why am I seeing so many people still doing it? — Anonymous from Niles.
A: Yes, texting while driving is illegal and a citation will be issued. When law enforcement sees the violation, we will make a traffic stop and issue the ticket. MVC 257.602b, Reading, typing or sending text message on wireless two-way communication device prohibited, states: “…a person shall not read, manually type or send a text message on a wireless two-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. As used in this subsection, a wireless two-way communication device does not include a global positioning or navigation system that is affixed to the motor vehicle.
(2) Subsection (1) does not apply to an individual who is using a device described in subsection (1) to do any of the following: (a) Report a traffic accident, a medical emergency or serious road hazard. (b) Report a situation in which the person believes his or her personal safety is in jeopardy. (c) Report or avert the perpetration or potential perpetration of a criminal act against the individual or another person. (d) Carry out official duties as a police officer, law enforcement official, or member of a paid or volunteer fire department or operator of an emergency vehicle. (3) An individual who violates this section is responsible for a civil infraction and shall be ordered to pay a civil fine as follows: (a) for a first violation, $100. (b) For a second or subsequent violation, $200.