77th OREGON LEGISLATIVE ASSEMBLY--2013 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 1165
 
                          Senate Bill 9
 
Sponsored by Senator COURTNEY (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.
 
  Provides that violation of offense of operating motor vehicle
while using mobile communication device is Class B traffic
violation instead of Class D traffic violation. Directs
Department of Transportation to place signs on highways of this
state notifying drivers that violation is subject to maximum fine
of $1,000.
 
                        A BILL FOR AN ACT
Relating to mobile communication devices; 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) Is summoning medical or other emergency help if no other
person in the vehicle is capable of summoning help;
  (b) Is using a mobile communication device for the purpose of
farming or agricultural operations;
  (c) Is operating an ambulance or emergency vehicle;
  (d) Is 18 years of age or older and is using a hands-free
accessory;
  (e) Is operating a motor vehicle while providing public safety
services or emergency services;
  (f) 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;
  (g) Is operating a tow vehicle or roadside assistance vehicle
while acting in the scope of the person's employment;
  (h) Holds a valid amateur radio operator license issued or any
other license issued by the Federal Communications Commission and
is operating an amateur radio;
  (i) 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;
  (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) 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; 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 - }  { +  B + } traffic violation.  { + The Department of
Transportation shall place signs on the highways of this state to
notify drivers that violation of this section is subject to a
maximum fine of $1,000. + }
  SECTION 2.  { + The amendments to ORS 811.507 by section 1 of
this 2013 Act apply only to violations of ORS 811.507 that occur
on or after the effective date of this 2013 Act. + }
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