75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1367
 
                         House Bill 2038
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession file (at the request of House Interim Committee on
  Transportation)
 
 
                             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 as
introduced.
 
  Prohibits person of any age from operating motor vehicle while
using mobile communication device except under certain
circumstances. Authorizes suspension of driving privileges for
repeat offenses.
 
                        A BILL FOR AN ACT
Relating to use of mobile communication device while driving;
  creating new provisions; and amending ORS 811.507.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 811.507 is amended to read:
  811.507.  { + (1) As used in this section:
  (a) 'Hands-free accessory' means an attachment or built-in
feature for or an addition to a mobile communication device,
whether or not permanently installed in a motor vehicle, that
when used allows a person to maintain both hands on the steering
wheel.
  (b) 'Mobile communication device' means a text messaging device
or a wireless, two-way communication device designed to receive
and transmit voice or text communication. + }
    { - (1) - }  { +  (2) + } 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  { - . - }  { + ;
  (c) To a person operating an ambulance or emergency vehicle; or
  (d) To a person 18 years of age or older using a hands-free
accessory. + }
  (4) Notwithstanding ORS 810.410, a police officer may
  { - enforce this provision only as a secondary action when - }
 { + not issue a citation for a violation of this section to + }
a driver of a motor vehicle  { + who is under 18 years of age and
who is using a hands-free accessory unless the driver  + }has
been detained for   { - a suspected - }  { + another + } 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.
  SECTION 2.  { + Section 3 of this 2009 Act is added to and made
a part of the Oregon Vehicle Code. + }
  SECTION 3.  { + (1) Upon receipt of a record of conviction of
operating a motor vehicle while using a mobile communication
device under ORS 811.507, the Department of Transportation shall
suspend the driving privileges of the person convicted as
follows:
  (a) For 30 days when a person is convicted of a second offense
within a three-year period.
  (b) For 90 days when a person is convicted of three or more
offenses within a three-year period.
  (2) A person is entitled to administrative review under ORS
809.440 of a suspension under this section. + }
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