LANSING – It would be against the law to send or read a wireless text message while driving, under legislation a Michigan House committee sent to the full chamber on Thursday, though a police officer could not pull a motorist over just because he or she was texting.

If HB 4394 and HB 4370 become law, Michigan would join a list of fewer than two-dozen states that now bar sending and receiving text messages while driving. But the offense would be considered a secondary infraction, subject to a civil fine and no points on a driver’s license.

Rep. Lee Gonzales (D-Flint), sponsor of the main bill in the package (HB 4394), said he personally opposed making the offense a secondary offense as opposed to a primary offense (which would allow a police officer to pull a vehicle over if the officer detects the driver is texting). But he said officials had to look at this in an evolutionary pattern, just as the state’s seat belt usage requirements had to start as a secondary offense before eventually becoming a primary offense.

Eventually the public will see the issue as one of public safety and support making it a primary offense to drive and text, he said.

Both he and Rep. Gino Polidori (D-Dearborn) said it was critical for the state to take steps to end the potentially deadly practice. “It’s time to put an end to this,” said Polidori, which is why he would support making the offense a secondary offense.

“Driving while intexticated is a state and national epidemic,” Gonzales said. National estimates show as many as 6,000 motorists a year are killed in driving while texting incidents, which could mean as many as 150 motorists are killed in the state.

A study done by Car & Driver magazine found that texting while driving could be more potentially dangerous than driving while drunk, Gonzales said (the magazine found in a test using two motorists that their reaction times were far slower while trying to text than they were after they had exceeded the legal alcohol blood level).

HB 4394 outlaws a person from either writing, sending, receiving or reading a text message while driving. The person would be exempt from penalty if he or she was texting to report an accident or a situation he or she believed was hazardous. Also exempted is a person using GPS directional device. HB 4370 lists in the vehicle code how the offense would be cited.

The bills were both reported out on 14-1 votes. Rep. Douglas Geiss (D-Taylor) voted against the measures saying the offense should be a primary offense.

But Rep. James Bolger (R-Marshall) said individuals also should not eat, put on makeup or read while driving. “How much common sense do we legislate?” he asked.

Matt Bolger of the State Police said the department would prefer the offense be a primary offense, but also acknowledged in terms of practical enforcement it would be likely handled mostly as a secondary offense. If officers felt they needed to pull a car over for texting, they likely would have no difficulty finding a reason to stop a vehicle.

Currently, 13 states bar all drivers from texting as a primary offense, another six bar all drivers from texting as a secondary offense. Another states bar the practice just for young drivers or those with learners’ permit.

This story was provided by Gongwer News Service. To subscribe, click on Gongwer.Com

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