74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2872
Sponsored by Representatives MACPHERSON, ESQUIVEL;
Representatives DINGFELDER, C EDWARDS, OLSON, ROSENBAUM,
Senator GORDLY
CHAPTER ................
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:
(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. + }
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Enrolled House Bill 2872 (HB 2872-BCCA) Page 1
Passed by House May 14, 2007
Repassed by House June 26, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 12, 2007
Repassed by Senate June 26, 2007
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President of Senate
Enrolled House Bill 2872 (HB 2872-BCCA) Page 2
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
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Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2872 (HB 2872-BCCA) Page 3