Oregon’s New Cell Phone Law

Here in Oregon we had ours written out. If you rally against this contact the ARRL and your local elected officials. It didn’t take much here in
Oregon to get them to exclude Amateurs. It should be excluded everywhere.

Mack

http://www.oregon.gov/OSP/docs/OSP_Cell_law.pdf?ga=t

Oregon’s New Cell Phone Law

“Operating a Motor Vehicle While Using a Mobile Communication Device” House Bill 2377 amended ORS 811.507 to ban the use of mobile communication
devices with some exceptions. The new law, a class D traffic violation with a minimum base fine of $142.00, is effective January 1, 2010 and is a
primary offense, meaning that a police officer may stop a driver solely for using a cell phone without using a hands-free accessory. For purposes of the
new law, “mobile communication device” is defined as a text messaging device or a wireless, two-way communication device designed to receive and transmit
voice or text communication. Exceptions provided in the law are:

• A person who is summoning medical or other emergency help if no other
person in the vehicle is capable of summoning help;
• A person using a mobile communication device for the purpose of farming or
agricultural operations;
• A person operating an ambulance or emergency vehicle;
• A person 18 years of age or older who is using a hands-free accessory (a
device that when used allows the driver to maintain both hands on the
steering wheel);
• A person operating a motor vehicle while providing public safety services
or emergency services as a volunteer;
• 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;
• 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;
• A person activating or deactivating the mobile communication device or a
function of the device (note: dialing is considered the same as texting and
is not a “function of the device);
• 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;
• *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;*

• A person using a function of the mobile communication device that allows
for only one-way voice communication while the person is:
1. Operating a motor vehicle in the scope of the person’s employment;
2. Providing transit services to persons with disabilities or to senior
citizens; or
3. Participating in public safety or emergency service activities.

http://www.oregon.gov/ODOT/DMV/docs/vcb/VCB811.pdf?ga=t

811.507 Operating motor vehicle while using mobile communication device; penalty.

(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 ambulanceor 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) To a person activating or deactivating the mobile communication device or a function
of the device;
(i) 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) 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) 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.

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