Bill Text: OR SB407 | 2011 | Regular Session | Introduced

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Bill Title: Relating to exceptions to prohibition against operating a motor vehicle while using a mobile communication device.

Spectrum: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB407 Detail]

Download: Oregon-2011-SB407-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1687

                         Senate Bill 407

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary)

                             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.

  Removes exception for person operating motor vehicle in scope
of person's employment from offense of operating motor vehicle
while using mobile communication device.

                        A BILL FOR AN ACT
Relating to exceptions to prohibition against 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:
  (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 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;
  (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) - }  { +  (g) + } To a person activating or
deactivating the mobile communication device or a function of the
device;
    { - (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 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) - }  { +  (j) + } 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) 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. + }
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