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(1) As used in this section:
(a)(A) “Driving” means operating a motor vehicle on a highway or premises open to the public, and while temporarily stationary because of traffic, a traffic control device or other momentary delays.
(B) “Driving” does not include when the motor vehicle has stopped in a location where it can safely remain stationary and:
(i) Is pulled over on the side of, or is pulled off, a roadway;
(ii) Is in a designated parking space; or
(iii) Is required to park in the roadway to conduct construction or utility maintenance work.
(b) “Hands-free accessory” means an attachment or built-in feature for or an addition to a mobile electronic device that gives a person the ability to keep both hands on the steering wheel at all times while using the device or requires only the minimal use of a finger, via a swipe or tap, to activate or deactivate a function of the device.
(c) “Livestock” has the meaning given that term in ORS 609.125 (Definition of “livestock”).
(d)(A) “Mobile electronic device” means an electronic device that is not permanently installed in a motor vehicle.
(B) “Mobile electronic device” includes but is not limited to a device capable of text messaging, voice communication, entertainment, navigation, accessing the Internet or producing electronic mail.
(e) “Using a mobile electronic device” includes but is not limited to using a mobile electronic device for text messaging, voice communication, entertainment, navigation, accessing the Internet or producing electronic mail.
(2) A person commits the offense of driving a motor vehicle while using a mobile electronic device if the person, while driving a motor vehicle on a highway or premises open to the public:
(a) Holds a mobile electronic device in the person’s hand; or
(b) Uses a mobile electronic device for any purpose.
(3) This section does not apply to a person:
(a) Who is employed as a commercial motor vehicle driver, or as a school bus driver, and is using a mobile electronic device within the scope of the person’s employment if the use is permitted under regulations promulgated pursuant to 49 U.S.C. 31136;
(b) Who is employed as a driver of a vehicle having a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds and is using a mobile electronic device within the scope of the person’s employment and as required under regulations promulgated pursuant to 49 U.S.C. 31137;
(c) Who is operating a two-way radio device that transmits radio communication transmitted by a station operating on an authorized frequency within the business, citizens’ or family radio service bands in accordance with rules of the Federal Communications Commission while transporting forest products, or while operating a vehicle to assist in logging operations, within the scope of the person’s employment;
(d) Who is using a two-way radio device while operating a school bus or school activity vehicle within the scope of the person’s employment;
(e) Who is using a two-way radio device or operating a two-way radio device that transmits radio communication transmitted by a station operating on an authorized frequency within the business, citizens’ or family radio service bands in accordance with rules of the Federal Communications Commission while 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, within the scope of the person’s employment;
(f) Who is using a two-way radio device while operating a vehicle wider than the lane of travel, a vehicle transporting livestock or a vehicle requiring a slow-moving vehicle emblem under ORS 815.110 (Requirements for and use of slow-moving vehicle emblem), and the use of the device facilitates the safe operation of the vehicle; or
(g) Who is using a two-way radio device while operating a pilot or safety vehicle used to assist the safe movement of a vehicle described in paragraph (f) of this subsection, and the use of the device facilitates the safe movement of the vehicle described in paragraph (f) of this subsection.
(4) It is an affirmative defense to a prosecution of a person under this section that the person:
(a) Used the mobile electronic device to communicate if the person was summoning or providing medical or other emergency help if no other person in the vehicle was capable of summoning help;
(b) Was 18 years of age or older and was using a hands-free accessory;
(c) Was driving an ambulance or emergency vehicle while acting within the scope of the person’s employment;
(d) Was a police officer, firefighter or emergency medical services provider and was acting within the scope of the person’s employment;
(e) Was 18 years of age or older, held a valid amateur radio operator license issued or any other license issued by the Federal Communications Commission and was operating an amateur radio;
(f) Was operating a two-way radio device that transmits radio communication transmitted by a station operating on an authorized frequency within the business, citizens’ or family radio service bands in accordance with rules of the Federal Communications Commission to summon medical or other emergency help; or
(g) Was using a medical device.
(5) The offense described in this section, driving a motor vehicle while using a mobile electronic device, is:
(a) Except as provided in paragraph (b) of this subsection, for a person’s first conviction, a Class B traffic violation.
(b) For a person’s first conviction, if commission of the offense contributes to an accident described in ORS 811.720 (When accident must be reported to Department of Transportation), a Class A traffic violation.
(c) For a person’s second conviction within a 10-year period following the date of the person’s first conviction, a Class A traffic violation.
(d) For a person’s third or subsequent conviction within a 10-year period preceding the date of the person’s current conviction, a Class B misdemeanor.
(6) In addition to any other sentence that may be imposed, the court shall impose a minimum fine of $2,000 on a person convicted of a Class B misdemeanor under subsection (5)(d) of this section.
(7) For purposes of this section, sentences for two or more convictions that are imposed in the same sentencing proceeding are considered to be one sentence.
(8)(a) For a person’s first conviction of driving a motor vehicle while using a mobile electronic device, the court may suspend the fine to be imposed under subsection (5)(a) of this section on the condition that the person, within 120 days of sentencing:
(A) Complete at the person’s own expense a distracted driving avoidance course approved by the Department of Transportation under ORS 811.508 (Distracted driving avoidance course); and
(B) Provide proof of completion to the court.
(b) The court may schedule a hearing to determine whether the person successfully completed the distracted driving avoidance course.
(c) If the person has successfully completed the requirements described in paragraph (a) of this subsection, the court shall enter a sentence of discharge. Notwithstanding ORS 153.021 (Minimum fines), a sentence of discharge imposed under this paragraph may not include a fine.
(d) If the person has not successfully completed the requirements described in paragraph (a) of this subsection, the court shall:
(A) Grant the person an extension based on good cause shown; or
(B) Impose the fine under subsection (5)(a) of this section.
(9) The department shall place signs on state highways to notify drivers that it is unlawful to drive a motor vehicle on the highways of this state while using a mobile electronic device and violators are subject to criminal penalties. [2007 c.870 §2; 2009 c.834 §1; 2011 c.530 §1; 2013 c.757 §1; 2017 c.629 §§1,2; 2018 c.32 §1]
Note: Section 5, chapter 629, Oregon Laws 2017, provides:
Sec. 5. The amendments to ORS 811.507 (Operating motor vehicle while using mobile electronic device) by section 1, chapter 629, Oregon Laws 2017, apply to:
(1) Offenses committed on or after October 1, 2017; and
(2) For purposes of determining prior convictions within a 10-year period under ORS 811.507 (Operating motor vehicle while using mobile electronic device) (5)(c) or (d), prior convictions occurring on or after July 1, 2018. [2017 c.629 §5; 2018 c.32 §3]
Note: Section 4, chapter 32, Oregon Laws 2018, provides:
Sec. 4. (1) A person convicted of an offense under ORS 811.507 (Operating motor vehicle while using mobile electronic device) (5)(c) or (d), the classification of which was enhanced due to the court taking into account one or more prior convictions occurring before July 1, 2018, may request in writing that the court redetermine the classification of the offense.
(2) Upon receipt of a request under this section, if the court determines that the classification of the offense was based upon the court taking into account one or more prior convictions occurring before July 1, 2018, the court shall vacate the judgment of conviction and enter a new judgment of conviction for a Class B or Class A traffic violation in accordance with ORS 811.507 (Operating motor vehicle while using mobile electronic device) (5)(a) or (b). [2018 c.32 §4]
Note: 811.507 (Operating motor vehicle while using mobile electronic device) was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
Notes of Decisions
Where defendant was looking at mobile communication device while driving but did not speak into device or push any buttons on device, defendant did not use device under this section, which prohibits only talking and texting on mobile communication device while driving. State v. Rabanales-Ramos, 273 Or App 228, 359 P3d 250 (2015)
See also annotations under ORS chapter 483 in permanent edition.
Notes of Decisions
Under Former Similar Statute
A party in violation of a motor vehicle statute is negligent as a matter of law unless he introduces evidence from which the trier of fact could find that he was acting as a reasonably prudent person under the circumstances. Barnum v. Williams, 264 Or 71, 504 P2d 122 (1972)
Law Review Citations
Under Former Similar Statute
10 WLJ 207 (1974)
- “Oregon's cell phone law requires the use of a hands-free accessory while using a mobile communication device and operating a vehicle . . .”http://www.newberggraphic.com/news/2011/January/28/Police.Fire.Public.Safety/ndpd.column.officers.often.see.violators.of.states.new.cell.phone.law/news.aspx
- “. . . unlike the seat belt law under which you have to doing something else wrong in order to be pulled over, talking on a cell phone without a bluetooth or ear piece WILL put flashing lights in your rear-view mirror for that violation alone.”
- “Since Oregon enacted their new cell phone law on January 1st, many people have asked me if it applies to people riding bicycles. . . .”http://bikeportland.org/2010/02/09/does-oregons-new-cell-phone-law-apply-to-people-on-bikes/
News Reports
3 OregonLaws.org assembles these lists by analyzing references between Sections. Eachlisted item refers back to the current Section in its own text. The result revealsrelationships in the code that may not have otherwise been apparent. Currency Information
December 2020
Selectors: Coral Carter, Rose van Son, Barry Sanbrook and Gary De Piazzi
Submissions Manager: Jaya Penelope
Contributors:
__________________________________
late sunlight
the bleached bones
of swamp gums
so tiny
in my cupped palm
a ladybird
deepening shadows
a currawong
calls the night
Gavin Austin
Sydney, Australia
__________________________________
emptying itself into itself spring floods
after rain …
the umbrella becomes
a staff
Taofeek Ayeyemi
__________________________________
winter seaside
a lone dog chases
all the breakers
wild brambleberries
i ignore
the cuts
unable to let go
the old wall
and the ivy
afterwards
her best china
used at last
summer dusk
a white cat gathers
the last light
Michael Baeyens
Geraardsbergen, Belgium
__________________________________
swans—
Victorian ruffles
and petticoats
too late
to turn back
geese
Roberta Beach Jacobson
Indianola, Iowa, USA
__________________________________
mobile phone tower
overloaded
with parcels
Rohan Buettel
__________________________________
a towhee
skates across the birdbath
first frost
not seeing
what’s before me
star gazing
campaign rally
dogs join
coyote chorus
Alanna C. Burke
Santa Fe, New Mexico, USA
__________________________________
Canberra
hidden by fog
first week of the election
Drivers america online sign in. cars stop
for me to cross
in another state
Creatix Mobile Phones & Portable Devices Driver
Ramadan
slim new moon
we walk to eat
intersection—
a dragonfly crosses
against the lights
Coral Carter
__________________________________
shouting
in capital letters
online argument
love
never confessed
pressed flowers
dandelion fields …
how you blow things
out of proportion
Hemapriya Chellappan
Pune, India
_______________________________
footfalls
crunch the gravel path—
no dog barks
Lysa Collins
__________________________________
black cockatoo in the hakea
a tough nut to crack
rosellas devour flowerbuds
colour now
not later
bleached coral frames
silent canaries
stripped of their down
lichen
two lifeforms entwined
a moonscape on earth
beneath the creek’s smooth surface
perch swim to stay still
Natalie Cooke
__________________________________
paying respect
to fallen soldiers
rising sun
Stella Damarjati,
Adelaide, Australia.
__________________________________
dad’s last letter
only a question
mark
Maya Daneva, Netherlands
__________________________________
leaves rustle
an open book
under the tree
in her eyes
the face inside the face
in the mirror
Gary Colombo De Piazzi
_______________________________
a bright juicy apple
full of worms
our marriage
dense tire tracks
the friendships
we leave behind
Radostina Dragostinova
__________________________________
our prayers choke
the rattling sounds
from her throat
a direct question
the teacup handle gripped
more closely
Mike Gallagher
__________________________________
lapping up
the long lockdown
pandemic puppy
Louise Hopewell
Melbourne, Australia
__________________________________
moonrise
the swell of apples
in the orchard
grandpa
the tap of his stick
the tilt of his hat
Marilyn Humbert
__________________________________
Nature is a kind of magic
which must not be neglected
Geraldine Ingram
__________________________________
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rumble of a chainsaw
the fog around it
cut to pieces
Samo Kreutz
Ljubljana, Slovenia
__________________________________
cloud scraps
drift across the lake—
barely a ripple
duck dive—
measuring absence
in ripples
spring shower—
her canvas chair sinks
in the yard
John Low
Portland NSW Australia
__________________________________
Creatix Mobile Phones & Portable Devices Drivers
clothesline
a cabbage moth flirts
with a white peg
Mardi May
__________________________________
cooking our catch
from the coals the smoky aroma
of paperbark
rush of wings
in the marsh high grasses
the bird I didn’t see
Mark Miller
__________________________________
the woodland path
leads me to a clearing
shakuhachi music
time to savour
a pot of fragrant tea…
working from home
Leanne Mumford
Sydney, Australia
__________________________________
Hiroshima Day
grandpa uncle grandma aunt
brothers-in-law
equinox
niece brings
new rice
Guliz Mutlu
Turkey
__________________________________
finding face
with finger tips
—foggy mirror
suraj nanu
India
__________________________________
mums funeral
a lone crow
edges closer
Jan Napier
__________________________________
after Mass
children jumping over
sidewalk cracks
holiday fireworks
war vet and dog retreat
to the basement
waiting his return …
on her windowsill
wishbones
Nika
Calgary, AB, Canada
__________________________________
the iris
beside the road
marks the spot
spring walk
the dog raises
his tail
deep in her wardrobe
the clothes
of a young woman
Julian O’Dea
Canberra
__________________________________
country dance the whirl of a willy-willy
quilter’s yarn
I don’t take long
to lose the thread
star gazing
all these cherry blossoms
beneath my feet
old dog
I set the bar
lower
Gregory Piko
__________________________________
powdered neck …
a string of cultured pearls
plays hide and seek
Milan Rajkumar
Imphal, India
__________________________________
one by one
crows land on a branch—
daily attendance
Palle Krishna Rao
Chennai,India
__________________________________
condemned cottage
swallows nest
on a charred beam
dog beach
my old mate’s shadow
running free
Lyn Reeves
__________________________________
weathered stone
a little rain left
in each divot
pelting rain
one less duckling
than yesterday
cleaning a hairbrush
the last bits of us
still entwined
autumn rain
an acorn cap
full of it
the bookends
growing further apart
winter solitude
Bryan Rickert
Belleville, Illinois USA
_______________________________
approaching bushfire
my aunt tosses the silver
into the dam
homeless man
a pigeon lands
on his shoulder
online schooling
lessons without
boundaries
Cynthia Rowe
__________________________________
a coot’s bottom
no decorum
her feet flap
broken twigs
a crack
as I walk
Barry Sanbrook
__________________________________
home isolation
stirring In
the spices
Manoj Sharma
Kathmandu, Nepal
__________________________________
tonight’s news of your passing scent of your favourite cigar
how even the blue morning spreads across prairie skies
Silk, USA
__________________________________
Instagram—
influencer’s post
feeds my guilt
Padma Srinivasan
Dundee, Scotland, UK
__________________________________
first crayons
the little girl makes
a zig zag rainbow
Rajeshwari Srinivasan
India
__________________________________
moaning ravens
the only companions
of a scarecrow
two old men
split a nation into
blue and red
Tom Staudt
__________________________________
Grand Final
yellow and black daisies
on my brother’s grave
filling
the dentist talks about
wedding cake
I ponder
the philosophy of Homer
Simpson
Mary Stone
__________________________________
candy cane snail
it takes time to earn
your stripes
unkempt graves
the poppies that once
stood at attention
the portal
of a wren’s nest
lockdown
Debbie Strange
Winnipeg, Manitoba, Canada
__________________________________
Sunday Mass
blessing myself
with alcohol gel
forty years married
less kama
and more sutra
Roger Watson
__________________________________
a haircut and a shave—
seeing but not knowing
the beggar
Elaine Wilburt
Easton, Maryland, US
__________________________________