74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1461
 
                           A-Engrossed
 
                         House Bill 2872
                   Ordered by the House May 9
             Including House Amendments dated May 9
 
Sponsored by Representatives MACPHERSON, ESQUIVEL;
  Representatives DINGFELDER, ROSENBAUM
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Creates offense of operating motor vehicle while using mobile
communication device. Punishes by maximum fine of $360.
 
                        A BILL FOR AN ACT
Relating to use of mobile communication device while driving.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. { +  Section 2 of this 2007 Act is added to and made
a part of the Oregon Vehicle Code. + }
  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 to a person summoning medical
or other emergency help if no other person in the vehicle is
capable of summoning help.
  (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 B
traffic violation. + }
                         ----------