Michigan has a hands-free cellphone driving law.
That means it’s illegal to hold your phone and use it while driving in the state.
But I saw someone recently who I believe was watching a TV show or movie on a mounted cellphone while driving, and it got me thinking about how crazy that is.
What’s so crazy about it?
Simple. Distraction kills, and I can think of few things that would be more distracting than watching a movie while I’m trying to drive. The National Highway Traffic Safety Administration says distracted driving killed 3,275 people nationwide in 2023.
According to the University of Michigan Transportation Research Institute and the Michigan Office of Highway Safety Planning, 65 people died in crashes
involving a distracted driver in Michigan in 2024.
But watching a movie or TV show while driving is illegal, right?
That’s what I had assumed, but a prominent law firm has described a “dangerous loophole” in Michigan’s law.
Firm attorney and owner Steven Gursten of Michigan Auto Law said in an email that the loophole "is not immediately obvious from the phrasing and structure of the statute, which is probably why no one in the media addressed it when they were writing about the new law’s passage in 2023."
Here’s the issue:
"The prohibition on watching videos on the phone while a person is driving does not apply if the phone is in voice-operated or hands-free mode or the phone is placed in a mount. If any of those conditions are met, then drivers are permitted (or at least not prohibited) under the statute to watch their videos on their phones while they’re behind the wheel," Gursten said.
Are you saying it’s OK?
No, and when I asked Alicia Sledge, director of the Michigan Office of Highway Safety Planning, a division of the state police, about a loophole, she pointed to the state's law against careless driving.
“If you’re taking your eyes away from the road for extended periods of time, that is being careless. You can’t do that and at the same time effectively drive the vehicle or be in control of the vehicle in a safe manner,” Sledge told me.
Also, although it’s legal for many of us to use hands-free technology while driving, teen drivers with a level 1 or 2 graduated license in Michigan have additional restrictions that generally prevent them from using a cellphone while driving except for specific situations, such as reporting an accident or medical emergency.
Anything else to share?
As I mentioned in my column on this distracted driving issue, I’m interested in hearing about your distracted driving horror stories. Some of you have answered the call, but I’m sure there are more eye-opening stories to share. Send them to elawrence@freepress.com.
Eric D. Lawrence is the senior car culture reporter at the Detroit Free Press, and he also writes about recreational vehicles, boats and bikes. Send your tips and suggestions to elawrence@freepress.com. Become a subscriber. Submit a letter to the editor at freep.com/letters.
This article originally appeared on Detroit Free Press: Dangerous loophole found in Michigan's hands-free driving law
