75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
 
                            Enrolled
 
                         House Bill 2377
 
Sponsored by Representatives TOMEI, ESQUIVEL; Senators BURDICK,
  DINGFELDER, MORRISETTE (Presession filed.)
 
 
                     CHAPTER ................
 
 
                             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;
 
 
 
 
Enrolled House Bill 2377 (HB 2377-B)                       Page 1
 
 
 
  (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;
  (i) To a person who holds a valid amateur radio operator
license issued or any other license issued by the Federal
Communications Commission and is operating an amateur radio;
  (j) To a person who operates a two-way radio device that
transmits radio communication transmitted by a station operating
on an authorized frequency within the citizens' or family radio
service bands in accordance with rules of the Federal
Communications Commission; or
  (k) 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.
                         ----------
 
 
Passed by House April 28, 2009
 
Repassed by House June 24, 2009
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate June 23, 2009
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2377 (HB 2377-B)                       Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2009
 
Approved:
 
......M.,............., 2009
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2009
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2377 (HB 2377-B)                       Page 3