76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
 
 
                            Enrolled
 
                         House Bill 3186
 
Sponsored by Representative BERGER, Senators PROZANSKI,
  ROSENBAUM; Representatives BEYER, BOONE, BUCKLEY, CANNON,
  CONGER, COWAN, ESQUIVEL, KOMP, MATTHEWS, PARRISH, THOMPSON,
  TOMEI, Senators BOQUIST, WINTERS
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to operating a motor vehicle while using a mobile
  communication device; 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.
  (2) A person 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.
  (3) This section does not apply { +  to a person who activates
or deactivates a mobile communication device or a function of the
device or who uses the device for voice communication if the
person + }:
  (a)   { - To a person who - }  Is summoning medical or other
emergency help if no other person in the vehicle is capable of
summoning help;
  (b)   { - To a person - }   { + Is + } using a mobile
communication device for the purpose of farming or agricultural
operations;
  (c)   { - To a person - }   { + Is + } operating an ambulance
or emergency vehicle;
  (d)   { - To a person - }   { + Is + } 18 years of age or older
 { - who - }   { + and + } is using a hands-free accessory;
  (e)   { - To a person - }   { + Is + } operating a motor
vehicle while providing public safety services or emergency
services   { - as a volunteer - } ;
  (f)   { - To a person - }   { + Is + } 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;
 
 
 
Enrolled House Bill 3186 (HB 3186-B)                       Page 1
 
 
 
    { - (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; - }
   { +  (g) Is operating a tow vehicle or roadside assistance
vehicle while acting in the scope of the person's employment; + }
    { - (i) - }  { +  (h) + }   { - 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) - }  { +  (i) + }   { - To a person who operates - }
 { + Is operating + } 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 - }
   { +  (j) Is operating a vehicle owned or contracted by a
utility for the purpose of installing, repairing, maintaining,
operating or upgrading utility service, including but not limited
to natural gas, electricity, water or telecommunications, while
acting in the scope of the person's employment; or + }
  (k)   { - To a person - }   { + Is + } 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) The offense described in this section, operating a motor
vehicle while using a mobile communication device, is a Class D
traffic violation.
  SECTION 2.  { + The amendments to ORS 811.507 by section 1 of
this 2011 Act apply to offenses that occur on or after the
effective date of this 2011 Act. + }
                         ----------
 
 
Passed by House May 4, 2011
 
Repassed by House June 15, 2011
 
 
    .............................................................
                         Ramona Kenady Line, Chief Clerk of House
 
    .............................................................
                                    Bruce Hanna, Speaker of House
 
    .............................................................
                                   Arnie Roblan, Speaker of House
 
Passed by Senate June 13, 2011
 
 
    .............................................................
                              Peter Courtney, President of Senate
 
 
 
Enrolled House Bill 3186 (HB 3186-B)                       Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2011
 
Approved:
 
......M.,............., 2011
 
 
    .............................................................
                                         John Kitzhaber, Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2011
 
 
    .............................................................
                                   Kate Brown, Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 3186 (HB 3186-B)                       Page 3