Ask A Trooper: Does the Cell Phone Ban For Commercial Vehicles Apply to Service Vehicles, Too?

The following article was written by Sgt. Mike Sura of the Michigan State Police - Brighton Post, who answers questions about Michigan law in a weekly column.

Mark Paparelli who works in Clinton Township for a heating and cooling company asks, "Does the cell phone ban for commercial vehicles apply to these types of vehicles and/or this company use?"

A commercial vehicle is defined as follows; “Commercial vehicle” includes all motor vehicles used for the transportation of passengers for hire, or constructed or used for transportation of goods, wares or merchandise, and/or all motor vehicles designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn. 

 A further definition of the a commercial motor vehicle is defined as follow; “Commercial motor vehicle” means a motor vehicle designed to transport 16 or more passengers, including the driver; a motor vehicle, having a gross vehicle weight rating of 26,001 or more pounds; a motor vehicle with a gross combination weight rating of 26,001 pounds or more including a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or a motor vehicle carrying hazardous material and on which is required to be posted a placard as defined and required under 49 C.F.R. parts 100 to 199. 

A commercial motor vehicle does not include a vehicle used exclusively to transport personal possessions or family members for nonbusiness purposes. 

MCL 257.602b(3): Except as otherwise provided in this section, a person shall not use a hand-held mobile telephone to conduct a voice communication while operating a commercial motor vehicle or a school bus on a highway, including while temporarily stationary due to traffic, a traffic control device, or other momentary delays.

This subsection does not apply if the operator of the commercial vehicle or school bus who has moved the vehicle to the side of, or off, a highway and has stopped in a location where the vehicle can safely remain stationary. As used in this subsection, "mobile telephone" does not include a 2-way radio service or citizens band radio service.

Federal Motor Carrier Safety Regulations (FMCSR’s) 392.80 and 392.82 prohibit texting and use of a hand held mobile phone while operating a commercial motor vehicle (as defined in 390.5). 

Trooper Ty Purdy looks forward to serving on the force 

This week we are introducing Trooper Ty Purdy, another graduate of the Michigan State Police – 125 Recruit School.

Trooper Purdy is the first in his family to choose a career in law enforcement.  Trooper Purdy previously worked as a deputy for the Genesee County Sheriff Department, has an Associate’s Degree in Criminal Justice from Mott Community College and is also a licensed Paramedic. 

Trooper Purdy states he likes to serve people and chose to become a Trooper because his previous interactions with Troopers were always professional.  Trooper Purdy states he looks forward to having the opportunity to serve the citizens of Michigan.

If you have a questions or comments please email them to askatrooper12@gmail.com, or mail them to Ask A Trooper, Michigan State Police – Brighton Post, 4337 Buno Road, Brighton, MI  48116.