Oregon Cell Phone Tickets
Oregon Cell phone tickets, or Oregon mobile communication device tickets, are a class D violation under ORS 811.507. You can get a cell phone ticket if you drive a motor vehicle on a highway and use a cell phone to make calls or text without a hands free device, like a Bluetooth headset, or a hands free mode.
Defenses
There are a few defenses to Oregon cell phone tickets such turning the phone on or off or “activating a function.” Unfortunately, “activating a function” isn’t defined in the statute but I read it as allowing you turn apps on or off, dial the phone, or set a GPS destination. Unfortunately, that open interpretation also allows a judge a lot of leeway in deciding whether you were activating a function or not. Fortunately, the way the statute is written makes it look like the officer has to prove that you weren’t just activating a function.
You can also use a cell phone in the scope of employment if using a function of the cellphone that only allows for one way voice communication. Unfortunately, it’s totally unclear what that means.
Big Changes on the Horizon for Oregon Cell Phone Tickets
The Oregon legislature is considering some big changes to Oregon cell phone tickets right now that you should be aware of.
Senate Bill 9 would raise the price of a cell phone ticket to a presumptive fine of $260.00 (and a maximum of $1,000) if you’re caught texting without a hands free accessory. Talking on the phone stays at $160.00.
House Bill 2790 would the price of any cell phone ticket to $435.00 with a maximum of $2000.00. Yikes.
Senate Bill 294 would make it legal for taxicab drivers to hold cellphones so long as its only “one way voice communication.” The Oregonian is reporting the bill as allowing taxi cab drivers to talk on cellphones while driving. Unfortunately, the law itself isn’t so clear. it doesn’t say what “one way voice communication” means and most cell phones do two-way voice communication. Any cabbie talking on the phone – if it was a two-way call – could still get a cell phone ticket.
Unfortunately, SB 294 does nothing to clear up how exactly cabbies or other people using a phone for work communication can use the phone. One way voice communication seems to mean something like the old Nextel systems – Push-to-Talk software – that’s now available in some apps like Voxer or Zello.
Until that definition is cleared up, my recommendation is to just get and use a Bluetooth headset. It’ll save you a headache – and some wallet ache in the future.