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 1385
 
                           A-Engrossed
 
                         House Bill 2377
                  Ordered by the House April 23
            Including House Amendments dated April 23
 
Sponsored by Representatives TOMEI, ESQUIVEL (Presession filed.)
 
 
                             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.
 
  Prohibits person of any age from operating motor vehicle while
using mobile communication device except under certain
circumstances.
 
                        A BILL FOR AN ACT
Relating to use of mobile communication device while driving;
  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;
  (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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