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
 
                         House Bill 2377
 
Sponsored by Representative TOMEI (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 as
introduced.
 
  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) 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  { - , - }  { + :
  (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.
  (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 using a hands-free accessory. + }
    { - (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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