Bill Text: OR HB2507 | 2011 | Regular Session | Introduced

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Bill Title: Relating to the use of a mobile communication device while operating a motor vehicle.

Sponsorship: Partisan Bill (Republican 5)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2507 Detail]

Download: Oregon-2011-HB2507-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 1139

                         House Bill 2507

Sponsored by Representative HANNA; Representatives BENTZ,
  SPRENGER, THOMPSON, WEIDNER (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.

  Permits person to use mobile communication device while
operating motor vehicle in frontier counties.
  Directs Department of Transportation to post on website names
of counties that qualify as frontier counties.

                        A BILL FOR AN ACT
Relating to the use of a mobile communication device while
  operating a motor vehicle; 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) 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  { - . - }  { + ; or
  (L) To a person operating a motor vehicle in a frontier county.
As used in this paragraph, 'frontier county' means a county with
a population that averages fewer than six people per square mile.
  (4) Each calendar year the Department of Transportation shall
determine the counties that are frontier counties, as defined in
subsection (3)(L) of this section, and post the information on
the department's website. + }
    { - (4) - }  { +  (5) + } 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 committed on or after the
effective date of this 2011 Act. + }
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