ORS 811.507
Operating motor vehicle while using mobile electronic device

  • exceptions
  • penalty

(1)

As used in this section:

(a)

Intentionally left blank —Ed.

(A)

“Driving” means operating a motor vehicle on a highway or premises open to the public, and while temporarily stationary because of traffic, a traffic control device or other momentary delays.

(B)

“Driving” does not include when the motor vehicle has stopped in a location where it can safely remain stationary and:
(i)
Is pulled over on the side of, or is pulled off, a roadway;
(ii)
Is in a designated parking space; or
(iii)
Is required to park in the roadway to conduct construction or utility maintenance work.

(b)

“Hands-free accessory” means an attachment or built-in feature for or an addition to a mobile electronic device that gives a person the ability to keep both hands on the steering wheel at all times while using the device or requires only the minimal use of a finger, via a swipe or tap, to activate or deactivate a function of the device.

(c)

“Livestock” has the meaning given that term in ORS 609.125 (Definition of “livestock.”).

(d)

Intentionally left blank —Ed.

(A)

“Mobile electronic device” means an electronic device that is not permanently installed in a motor vehicle.

(B)

“Mobile electronic device” includes but is not limited to a device capable of text messaging, voice communication, entertainment, navigation, accessing the Internet or producing electronic mail.

(e)

“Using a mobile electronic device” includes but is not limited to using a mobile electronic device for text messaging, voice communication, entertainment, navigation, accessing the Internet or producing electronic mail.

(2)

A person commits the offense of driving a motor vehicle while using a mobile electronic device if the person, while driving a motor vehicle on a highway or premises open to the public:

(a)

Holds a mobile electronic device in the person’s hand; or

(b)

Uses a mobile electronic device for any purpose.

(3)

This section does not apply to a person:

(a)

Who is employed as a commercial motor vehicle driver, or as a school bus driver, and is using a mobile electronic device within the scope of the person’s employment if the use is permitted under regulations promulgated pursuant to 49 U.S.C. 31136;

(b)

Who is employed as a driver of a vehicle having a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds and is using a mobile electronic device within the scope of the person’s employment and as required under regulations promulgated pursuant to 49 U.S.C. 31137;

(c)

Who is operating a two-way radio device that transmits radio communication transmitted by a station operating on an authorized frequency within the business, citizens’ or family radio service bands in accordance with rules of the Federal Communications Commission while transporting forest products, or while operating a vehicle to assist in logging operations, within the scope of the person’s employment;

(d)

Who is using a two-way radio device while operating a school bus or school activity vehicle within the scope of the person’s employment;

(e)

Who is using a two-way radio device or operating a two-way radio device that transmits radio communication transmitted by a station operating on an authorized frequency within the business, citizens’ or family radio service bands in accordance with rules of the Federal Communications Commission while 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, within the scope of the person’s employment;

(f)

Who is using a two-way radio device while operating a vehicle wider than the lane of travel, a vehicle transporting livestock or a vehicle requiring a slow-moving vehicle emblem under ORS 815.110 (Requirements for and use of slow-moving vehicle emblem), and the use of the device facilitates the safe operation of the vehicle; or

(g)

Who is using a two-way radio device while operating a pilot or safety vehicle used to assist the safe movement of a vehicle described in paragraph (f) of this subsection, and the use of the device facilitates the safe movement of the vehicle described in paragraph (f) of this subsection.

(4)

It is an affirmative defense to a prosecution of a person under this section that the person:

(a)

Used the mobile electronic device to communicate if the person was summoning or providing medical or other emergency help if no other person in the vehicle was capable of summoning help;

(b)

Was 18 years of age or older and was using a hands-free accessory;

(c)

Was driving an ambulance or emergency vehicle while acting within the scope of the person’s employment;

(d)

Was a police officer, firefighter or emergency medical services provider and was acting within the scope of the person’s employment;

(e)

Was 18 years of age or older, held a valid amateur radio operator license issued or any other license issued by the Federal Communications Commission and was operating an amateur radio;

(f)

Was operating a two-way radio device that transmits radio communication transmitted by a station operating on an authorized frequency within the business, citizens’ or family radio service bands in accordance with rules of the Federal Communications Commission to summon medical or other emergency help; or

(g)

Was using a medical device.

(5)

The offense described in this section, driving a motor vehicle while using a mobile electronic device, is:

(a)

Except as provided in paragraph (b) of this subsection, for a person’s first conviction, a Class B traffic violation.

(b)

For a person’s first conviction, if commission of the offense contributes to an accident described in ORS 811.720 (When accident must be reported to Department of Transportation), a Class A traffic violation.

(c)

For a person’s second conviction within a 10-year period following the date of the person’s first conviction, a Class A traffic violation.

(d)

For a person’s third or subsequent conviction within a 10-year period preceding the date of the person’s current conviction, a Class B misdemeanor.

(6)

In addition to any other sentence that may be imposed, the court shall impose a minimum fine of $2,000 on a person convicted of a Class B misdemeanor under subsection (5)(d) of this section.

(7)

For purposes of this section, sentences for two or more convictions that are imposed in the same sentencing proceeding are considered to be one sentence.

(8)

Intentionally left blank —Ed.

(a)

For a person’s first conviction of driving a motor vehicle while using a mobile electronic device, the court may suspend the fine to be imposed under subsection (5)(a) of this section on the condition that the person, within 120 days of sentencing:

(A)

Complete at the person’s own expense a distracted driving avoidance course approved by the Department of Transportation under ORS 811.508 (Distracted driving avoidance course); and

(B)

Provide proof of completion to the court.

(b)

The court may schedule a hearing to determine whether the person successfully completed the distracted driving avoidance course.

(c)

If the person has successfully completed the requirements described in paragraph (a) of this subsection, the court shall enter a sentence of discharge. Notwithstanding ORS 153.021 (Minimum fines), a sentence of discharge imposed under this paragraph may not include a fine.

(d)

If the person has not successfully completed the requirements described in paragraph (a) of this subsection, the court shall:

(A)

Grant the person an extension based on good cause shown; or

(B)

Impose the fine under subsection (5)(a) of this section.

(9)

The department shall place signs on state highways to notify drivers that it is unlawful to drive a motor vehicle on the highways of this state while using a mobile electronic device and violators are subject to criminal penalties. [2007 c.870 §2; 2009 c.834 §1; 2011 c.530 §1; 2013 c.757 §1; 2017 c.629 §§1,2; 2018 c.32 §1]
Note: Section 5, chapter 629, Oregon Laws 2017, provides:
Sec. 5. The amendments to ORS 811.507 (Operating motor vehicle while using mobile electronic device) by section 1, chapter 629, Oregon Laws 2017, apply to:

(1)

Offenses committed on or after October 1, 2017; and

(2)

For purposes of determining prior convictions within a 10-year period under ORS 811.507 (Operating motor vehicle while using mobile electronic device) (5)(c) or (d), prior convictions occurring on or after July 1, 2018. [2017 c.629 §5; 2018 c.32 §3]
Note: Section 4, chapter 32, Oregon Laws 2018, provides:
Sec. 4. (1) A person convicted of an offense under ORS 811.507 (Operating motor vehicle while using mobile electronic device) (5)(c) or (d), the classification of which was enhanced due to the court taking into account one or more prior convictions occurring before July 1, 2018, may request in writing that the court redetermine the classification of the offense.

(2)

Upon receipt of a request under this section, if the court determines that the classification of the offense was based upon the court taking into account one or more prior convictions occurring before July 1, 2018, the court shall vacate the judgment of conviction and enter a new judgment of conviction for a Class B or Class A traffic violation in accordance with ORS 811.507 (Operating motor vehicle while using mobile electronic device) (5)(a) or (b). [2018 c.32 §4]
Note: 811.507 (Operating motor vehicle while using mobile electronic device) was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 811.507 — Operating motor vehicle while using mobile electronic device; exceptions; penalty, https://www.­oregonlegislature.­gov/bills_laws/ors/ors811.­html.

811.005
Duty to exercise due care
811.015
Failure to obey traffic patrol member
811.017
Failure to yield to traffic patrol member
811.020
Passing stopped vehicle at crosswalk
811.025
Failure to yield to pedestrian on sidewalk
811.028
Failure to stop and remain stopped for pedestrian
811.030
Driving through safety zone
811.035
Failure to stop and remain stopped for pedestrian who has limited vision or is blind
811.050
Failure to yield to rider on bicycle lane
811.055
Failure to yield to bicyclist on sidewalk
811.059
Milkman Mike Act
811.060
Vehicular assault
811.065
Unsafe passing of person operating bicycle
811.100
Violation of basic speed rule
811.105
Speeds that are evidence of basic rule violation
811.108
Relationship between speed limits and basic rule
811.109
Penalties for speed violations
811.111
Violating a speed limit
811.124
Meaning of “children are present” in ORS 811.111
811.125
Speed racing on highway
811.127
Organizing a speed racing event
811.130
Impeding traffic
811.135
Careless driving
811.140
Reckless driving
811.145
Failure to yield to emergency vehicle or ambulance
811.147
Failure to maintain safe distance from motor vehicle
811.150
Interference with emergency vehicle or ambulance
811.155
Failure to stop for bus safety lights
811.157
Report by driver of violation of ORS 811.155
811.159
Law enforcement agency response to report of violation of ORS 811.155
811.160
Interference with rail fixed guideway public transportation system operation
811.165
Failure to stop for passenger loading of public transit vehicle
811.167
Failure to yield right of way to transit bus
811.170
Violation of open container law
811.172
Improperly disposing of human waste
811.175
Violation driving while suspended or revoked
811.180
Affirmative defenses
811.182
Criminal driving while suspended or revoked
811.190
Operation with obstructing passenger
811.193
Smoking, aerosolizing or vaporizing in motor vehicle when child is present
811.195
Having passenger in trailer
811.200
Carrying dog on external part of vehicle
811.205
Carrying minor on external part of vehicle
811.207
Legislative findings regarding restraint of children in motor vehicles
811.210
Failure to properly use safety belts
811.215
Exemptions from safety belt requirements
811.220
Certificates of exemption from safety belt requirement
811.225
Failure to maintain safety belts in working order
811.230
Definitions
811.231
Reckless endangerment of highway workers
811.232
Refusing to obey flagger
811.233
Failure to yield right of way to highway worker
811.235
Fine for traffic offenses in school zones
811.250
Law applicable to vehicles registered out of state
811.255
Permitting unlawful operation of vehicle
811.260
Appropriate driver responses to traffic control devices
811.265
Driver failure to obey traffic control device
811.270
Failure to obey one-way designation
811.275
Failure to yield right of way at uncontrolled intersection
811.277
Failure to yield right of way at uncontrolled T intersection
811.280
Failure of driver entering roadway to yield right of way
811.285
Failure of merging driver to yield right of way
811.290
Obstructing cross traffic
811.292
Failure to yield right of way within roundabout
811.295
Failure to drive on right
811.300
Failure to drive on right of approaching vehicle
811.305
Driving on left on curve or grade or at intersection or rail crossing
811.310
Crossing center line on two-way, four-lane road
811.315
Failure of slow driver to drive on right
811.320
Failure to drive to right on divided highway
811.325
Failure to keep camper, trailer or truck in right lane
811.330
Driving wrong way around traffic island
811.335
Unlawful or unsignaled turn
811.340
Improperly executed left turn
811.345
Failure to use special left turn lane
811.346
Misuse of special left turn lane
811.350
Dangerous left turn
811.355
Improperly executed right turn
811.360
Vehicle turns permitted at stop light
811.365
Illegal U-turn
811.370
Failure to drive within lane
811.375
Unlawful or unsignaled change of lane
811.380
Improper use of center lane on three-lane road
811.385
Depriving motorcycle or moped of full lane
811.390
Unlawful use of lights to signal for passing
811.395
Appropriate signals for stopping, turning, changing lanes and decelerating
811.400
Failure to use appropriate signal for turn, lane change, stop or exit from roundabout
811.405
Failure to signal with lights
811.410
Unsafe passing on left
811.415
Unsafe passing on right
811.420
Passing in no passing zone
811.425
Failure of slower driver to yield to overtaking vehicle
811.430
Driving on highway divider
811.435
Operation of motor vehicle on bicycle trail
811.440
When motor vehicles may operate on bicycle lane
811.445
Use of throughway when prohibited
811.450
Violation of posted truck routes
811.455
Failure to stop for railroad signal
811.460
Failure to follow rail crossing procedures for high-risk vehicles
811.462
Failure of operator of commercial motor vehicle to slow down and check tracks
811.465
Exemptions from high-risk vehicle rail crossing procedures
811.470
Improper movement of heavy equipment across rail crossing
811.475
Obstructing rail crossing
811.480
Illegal backing
811.482
Use of marijuana in motor vehicle
811.483
Safety corridors
811.485
Following too closely
811.490
Improper opening or leaving open of vehicle door
811.492
Engine braking
811.495
Unlawful coasting on downgrade
811.500
Unlawful stop or deceleration
811.505
Failure to stop when emerging from alley, driveway or building
811.507
Operating motor vehicle while using mobile electronic device
811.508
Distracted driving avoidance course
811.510
Dangerous operation around livestock
811.512
Unlawfully operating low-speed vehicle on highway
811.513
Unlawfully operating medium-speed electric vehicle on highway
811.514
Unlawfully operating racing activity vehicle on highway
811.515
When lights must be displayed
811.520
Unlawful use or failure to use lights
811.525
Exemptions from requirements for use of lights
811.526
Safety campaign for use of headlights
811.530
Failure to post warnings for disabled vehicle
811.535
Failing to obey police officer
811.540
Fleeing or attempting to elude police officer
811.550
Places where stopping, standing and parking prohibited
811.555
Illegal stopping, standing or parking
811.560
Exemptions from prohibitions on stopping, standing or parking
811.565
Dangerous movement of stopped, standing or parked vehicle
811.570
Improperly positioning parallel parked vehicle
811.575
Violation of posted parking restrictions on state highways
811.580
Parking vehicle on state highway for vending purposes
811.585
Failure to secure motor vehicle
811.587
Unlawful parking in space reserved for alternative fuel vehicle refueling
811.590
Unlawful parking in winter recreation parking area
811.595
Winter recreation parking permit
811.600
Fees for winter recreation parking permits
811.602
Disabled person parking permit
811.603
Parking identification card without photograph
811.604
Application for disabled person parking permit
811.605
Contents of individual placard or decal
811.606
Parking permit for person with temporary disability
811.607
Program placards
811.609
Family placards
811.611
Foreign visitor placard
811.612
Maintenance of privileges after relocation
811.613
Wheelchair User placard
811.615
Unlawful parking in space reserved for persons with disabilities
811.616
Oregon Wounded Warrior placard
811.617
Blocking parking space reserved for persons with disabilities
811.620
Removal of vehicle illegally parked in space reserved for persons with disabilities
811.625
Unlawful use of disabled person parking permit
811.627
Use of invalid disabled person parking permit
811.628
Invalidation of disabled person parking permit
811.630
Misuse of program placard
811.632
Appointment of volunteers to issue citations
811.635
Privileges granted by disabled person parking permit other than program placard
811.637
Privileges granted by program placards
811.700
Failure to perform duties of driver when property is damaged
811.705
Failure to perform duties of driver to injured persons
811.706
Money damages resulting from violation of ORS 811.700 or 811.705
811.707
Crime classification for violation of ORS 811.705
811.710
Failure to perform duties of driver when animal is injured
811.715
Failure to perform duties of witness to accident
811.717
Failure to remove motor vehicle from roadway
811.720
When accident must be reported to Department of Transportation
811.725
Driver failure to report accident to Department of Transportation
811.730
Owner failure to report accident to Department of Transportation
811.735
Failure of vehicle occupant to make accident report to Department of Transportation
811.740
False accident report
811.745
When accident must be reported to police officer or law enforcement agency
811.747
Definitions for ORS 811.748 and 811.750
811.748
Driver failure to report accident to police officer or law enforcement agency
811.750
Failure of vehicle occupant to make accident report to police officer or law enforcement agency
811.800
Operation of funeral vehicles with improper lights
811.802
Failure to yield right of way to funeral procession
811.804
Intersection rules for funeral processions
811.806
Exceeding maximum speed for funeral procession
811.808
Exemption from speed limits for funeral escort vehicle
811.810
Disrupting funeral procession
811.812
Free passage for funeral procession vehicles
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