Whitmer signs distracted driving laws: When they go into effect

Plymouth — Michigan drivers who use a cellphone behind the wheel could face penalties effective June 30 after Gov. Gretchen Whitmer on Wednesday signed distracted driving prevention legislation into law that aims to reduce fatal crashes and make the state's roads safer.

Michigan will become the 26th state to institute a statute that requires hands-free use of cellphones by drivers. Nearly 6% of vehicle crashes in Michigan in 2021 involved distracted drivers, according to the Michigan State Police.

"Each traffic death is more than just a statistic," Whitmer said during a Wednesday morning news conference at the USA Hockey Arena's Kiefer Memorial Rink, a sports facility named after the victim of a fatal accident caused by a distracted driver. "It's a human being person with a story and a family, a life cut short."

Michigan drivers who hold or use an electronic mobile device while operating a motor vehicle could face up to a $100 penalty for a first offense, said Plymouth Democratic state Rep. Matt Koleszar, who sponsored the bill with Rep. Mike Mueller, R-Linden, and Rep. Tyrone Carter, D-Detroit. Within three years, a second offense could be an up-to-$250 penalty and a third would be an up-to-$250 penalty plus a requirement to take a driver's safety refreshment course.

"It's fair," Koleszar said of the fines. "We're trying to discourage the behavior and change the culture."

The law doesn't apply to hands-free Bluetooth devices. Motorists from states without hands-free driving laws will be expected to abide by the law while traveling in Michigan. An education campaign has begun that will add road signage and public service announcements to help spread the word.

The law augments existing law that seeks to reduce distracted driving. Kelsey's Law — named for 17-year-old Kelsey Raffaele of Sault Ste. Marie, who died in a crash while making a phone call — makes cellphone use illegal except for emergencies, and a statute from 2010 prohibits texting while driving.

Kelsey's Law, however, applies only to beginning drivers, and the other faces enforcement challenges because police often can't tell if a driver is texting or doing something else on their phone.

"These bills," Whitmer said, "will ban the use of a phone while driving, including sending texts, watching or recording videos or engaging with social media. This will reduce distracted driving crashes that have taken too many lives and shattered so many families across Michigan."

Steve Kiefer admits he has been a distracted driver and used to use his phone while driving. That changed when his 18-year-old son Mitchel, a Michigan State University freshman at the time, died in 2016 in an accident caused by a distracted driver on Interstate 96 that sent his new Chevrolet Malibu over the highway median and into oncoming traffic.

"This is probably the single biggest thing we've accomplished to get these laws passed in Michigan, our home state, Mitchel's home state, the state in which he was killed," Kiefer said. "I've never done something that was so obvious, but so difficult to get done, but I'm just so pleased that we know we're saving lives. I know this summer Michigan will be safer than it was last summer, which makes us all feel really good."

The retired General Motors Co. executive started the Kiefer Foundation to advocate for an end to distracted driving and has helped pass legislation in 15 states to ban cellphone use while on the road. Whitmer signed the legislation at the USA Hockey arena named in memory of Mitchel Kiefer, who played on Detroit Catholic Central's hockey team while in high school.

Michigan's law banning handheld cellphone use mirrors a similar prohibition that Ohio Gov. Mike DeWine signed into law in January. Ohio's ban resulted in a 9% decrease in distracted driving during the first month the law went into effect, according to a study by Cambridge Mobile Telematics.

Missouri is expected to institute a hands-free law later this month. Alabama and Pennsylvania are close as well. Up next for Kiefer's lobbying is Florida.

"We're not going to stop (until) we get all 50 states done," Kiefer said. "We're hoping that somewhere in the next year, maybe around 30 or 32 states, there'll be a tipping point where everybody will say, 'This is so obvious. Let's just all do it.'"

Kiefer recorded video and radio spots with the Office of Highway Safety Planning as a part of the campaign to educate residents and travelers about the new law, which takes effect just before the July 4 holiday, known as the deadliest holiday for drivers.

The legislation, though, is just the beginning, Kiefer said.

A behavioral change is needed to keep drivers safe from distracted driving, and he hopes one day it will be recognized as behavior similar to, or even worse than, drunken driving. The former president of GM International added that automakers have made efforts to offer drivers hands-free, voice-automated features to stay connected on the road, and their retailers have been a part of educating owners on using them.

"Some people often ask me, 'Couldn't the carmakers just make it impossible for a phone to work in a car?'" Kiefer said. "I'm like, 'Yeah, and beer and spirits makers can just take alcohol out of the product.' It's analogous to me. The laws need to be there. People need to understand they need to be responsible when they drive."

Whitmer said the legislation in particular affects young drivers, who make up 5.3% of the driving population but account for 8% of fatal crashes.

Michigan has experienced 322 traffic deaths so far in 2023, Whitmer noted, as Memorial Day marked the start of the 100 deadliest days on the road, according to AAA Michigan. The goal is zero traffic fatalities in the state by 2050.

"This new Legislature has come in, they've taken a number of actions to keep people safer, including some of the gun safety policy changes," Whitmer said. "I'm glad to see the Legislature moving swiftly on these, and I'm grateful that it's in a bipartisan fashion."

bnoble@detroitnews.com

Twitter: @BreanaCNoble