75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to HB 2377
 
LC 1385/HB 2377-4
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2377
 
                 By COMMITTEE ON TRANSPORTATION
 
                            April 23
 
  Delete lines 4 through 28 of the printed bill and insert:
  '  { +  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;
  ' (d) To a person 18 years of age or older who is using a
hands-free accessory;
  ' (e) To a person operating a motor vehicle while providing
public safety services or emergency services as a volunteer;
  ' (f) To a person operating a motor vehicle while acting in the
scope of the person's employment as a public safety officer, as
defined in ORS 348.270;
  ' (g) To a person operating a motor vehicle in the scope of the
person's employment if operation of the motor vehicle is
necessary for the person's job;
  ' (h) To a person activating or deactivating the mobile
communication device or a function of the device; or
  ' (i) To a person using a function of the mobile communication
device that allows for only one-way voice communication while the
person is:
  ' (A) Operating a motor vehicle in the scope of the person's
employment;
  ' (B) Providing transit services to persons with disabilities
or to senior citizens; or
  ' (C) Participating in public safety or emergency service
activities. + }
  '  { - (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) - }  { +  (4) + } 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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