Driving in Oregon? Keep your hands off your phone

Oregon’s new ban on cell phone use while driving went into effect Jan. 1. The minimum fine is $142, and it’s a primary offense, which means police can pull you over just for talking or texting on a cell phone.

The ban has exceptions. The biggest one is that drivers can talk on a cell phone if they use a hands-free accessory such as an earpiece or headset — if they’re 18 or over. Under 18, no cell phone use is allowed while driving.

The point is that a person should be able to drive without distraction, and be able to maintain both hands on the steering wheel. The new law is aimed at making the roads safer for everyone. In Oregon, drivers talking on cell phones were involved in more than 1,660 vehicle crashes and 21 fatalities from 2003 through 2008, according to the Oregon Department of Transportation (ODOT). At least six other states — including Washington and California — ban or severely limit using cell phones while driving.

The new law also has exceptions for drivers of emergency vehicles, drivers who are calling to report an emergency situation if no one else in the car can do that, and drivers talking on cell phones for the purpose of agricultural operations. The new law doesn’t apply to CB radios, which have long been used by some workers, especially truckers, who must communicate with dispatchers.

And there’s an exception for “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.” That work-related exception may be pretty hard for police to interpret. Simply commuting to work won’t trigger the exception, but many other workers who must drive a vehicle and communicate with employers might fall under it. Oregon Department of Transportation (ODOT) Safety Division spokesperson Shelley Snow said it’s likely police will issue tickets, and traffic court judges will be the ones to interpret the exception.

Violating the law is a Class D traffic offense. That means it’s the lowest level violation, but it could still affect a driver’s ability to hold a commercial drivers license if there are other more serious violations on their record.

Many employers already provide hands-free devices, or, like UPS, have existing no-cell-phone-use policies. ODOT told its own employees to use hand-free accessories, even if they qualify for an exemption.

Technically, there’s also an exception for a person while they’re activating or deactivating the device, i.e., making or taking a call. Problem is, to a police officer, that can look like texting, and if it looks like you’re breaking the law, an officer will pull you over.

If they’re not sure about the law, Snow advised drivers to err on the side of safety, and pull over before talking, though not on the side of a highway, which isn’t safe.

“If you need to make or take a call, go to a rest area or parking lot. The same goes for text messaging. Don’t do it while you’re on the road, even at a stoplight. Driving is complex. It’s dangerous. You should pay attention to your driving.”

At the 14th annual Oregon Labor Law Conference hosted by organized labor, employment attorney Rick Liebman recommended that anyone who works at a union as an employee get a hands-free device for their phone.

“If you get a ticket, it’s on you. If you have an accident, it’s on you and your employer. Get hands-free,” he said. 

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