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 1357 Senate Bill 294 Sponsored by Senator GEORGE (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. Allows taxicab driver to use mobile communication device while driving. A BILL FOR AN ACT Relating to taxicabs; 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 { - . - } { + ; or (L) Is operating a taxicab that: (A) Is a passenger vehicle with a passenger seating capacity that does not exceed seven; (B) Carries passengers for hire where destination and route traveled may be controlled by a passenger and the fare is calculated on the basis of any combination of an initial fee, distance traveled or waiting time; and (C) Is operated under a license or permit issued by a city, county or other unit of local government if a license or permit is required for the operation of a taxicab. + } (4) The offense described in this section, operating a motor vehicle while using a mobile communication device, is a Class D traffic violation. ----------