Relating to use of mobile communication device while driving.
Be It Enacted by the People of
the State of
SECTION 1. Section 2 of this 2007 Act is added to and
made a part of the
SECTION 2. (1) A person under 18 years of age commits the offense of operating a motor vehicle while using a mobile communication device if the person, while operating a motor vehicle on a highway, uses a mobile communication device and the person holds:
(a) A provisional driver license issued under ORS 807.065;
(b) A special student driver permit issued under ORS 807.230; or
(c) An instruction driver permit issued under ORS 807.280.
(2) For purposes of this section, “mobile communication device” means a text messaging device or a wireless, two-way communication device designed to receive and transmit voice or text communication.
(3) This section does not apply:
(a) To a person who is summoning medical or other emergency help if no other person in the vehicle is capable of summoning help; or
(b) To a person using a mobile communication device for the purpose of farming or agricultural operations.
(4) Notwithstanding ORS 810.410, a police officer may enforce this provision only as a secondary action when a driver of a motor vehicle has been detained for a suspected traffic violation or some other offense.
(5) The offense described in this section, operating a motor vehicle while using a mobile communication device, is a Class D traffic violation.
Approved by the Governor July 31, 2007
Filed in the office of Secretary of State July 31, 2007
Effective date January 1, 2008