_________________________________________________________________ This is a part of the law known commonly known as the Cell Phone Bill. Scroll down to section (i) for the part relating to Amateur radio. _____________________________________________________________________ 75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session Enrolled House Bill 2377 Sponsored by Representatives TOMEI, ESQUIVEL; Senators BURDICK, DINGFELDER, MORRISETTE (Presession filed.) CHAPTER ................ AN ACT Relating to use of mobile communication device while driving; 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. + } { - (1) - } { + (2) + } A person { - under 18 years of age - } 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 { + . + } { - and the person holds: - } { - (a) A provisional driver license issued under ORS 807.065; - } { - (b) A special student driver permit issued under ORS 807.230; or - } { - (c) An instruction driver permit issued under ORS 807.280. - } { - (2) For purposes of this section, 'mobile communication device' means a text messaging device or a wireless, two-way communication device designed to receive and transmit voice or text communication. - } (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; { - or - } (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; Enrolled House Bill 2377 (HB 2377-B) Page 1 (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) Notwithstanding ORS 810.410, a police officer may enforce this provision only as a secondary action when a driver of a motor vehicle has been detained for a suspected traffic violation or some other offense. - } { - (5) - } { + (4) + } The offense described in this section, operating a motor vehicle while using a mobile communication device, is a Class D traffic violation. ---------- Passed by House April 28, 2009 Repassed by House June 24, 2009 Passed by Senate June 23, 2009 Enrolled House Bill 2377 (HB 2377-B)