Bulletin E-Edition:
more photosThe new state rules going into effect Jan. 1 aim to reduce crashes caused by drivers distracted by cell phones. Although texting while driving is prohibited by another Oregon law, it is not included in the new law. The bill also provides for some exceptions to the new law for those whose jobs depend on operating a vehicle.
When January's cell phone ban goes into effect, what will be allowed?
Starting Jan. 1, you could pay a fine of up to $90 for driving while talking on a cell phone, with some exceptions.
By Scott Hammers / The Bulletin
Published: December 01. 2009 4:00AM PSTOregonians using a cell phone while they drive will be required to use a hands-free device, or face a fine of up to $90 starting Jan. 1. That much is clear. But Oregon lawmakers also inserted an exception in the law that could have drivers and law enforcement officials scratching their heads.
Passed by the Oregon Legislature earlier this year, the new law bars drivers younger than 18 from using a cell phone behind the wheel at all — with or without a hands-free device — and outlaws text messaging while driving for all drivers.
Violation of the law will be considered a “primary” offense, meaning police will be authorized to pull over and cite drivers observed texting or holding a phone to their ear.
A hands-free device is a headset or earpiece that connects to a phone by wire or with a wireless signal, allowing an individual to talk on the phone without the use of their hands. Under the new law, drivers will be permitted to handle their phone to answer a call, dial a number or hang up, but must use the hands-free device while conversing.
The law includes an exception for individuals driving “in the scope of the person's employment if operation of the motor vehicle is necessary for the person's job.”
Exactly who or what jobs does that apply to?
There is no explanation. While public safety officers are singled out by name, the bill does not otherwise define which occupations might qualify.
Since there is no clear definition of who is exempt, officers will have to decide whether the cell phone usage is legal or not as they stop people for the offense, Oregon State Police spokesman Lt. Gregg Hastings said.
People who are stopped for the violation can explain why they were using a cell phone while driving, and ultimately the officer will make the decision on whether the cell phone usage was legal.
“Initially we will have to rely on the good judgment of law enforcement officers,” Hastings said. “We need to see how the enforcement of the law will affect amendments of the law in the courts.”
Consolidated Towing Inc. Operations Manager Keith Anton said he would rather not have his drivers use their cell phones unless it is necessary. Drivers now use a two-way radio feature on their phones to communicate with dispatch or one another.
“It's amazing to see how many (drivers) use their cell phone while driving,” he said. “Truthfully, it's distracting. We try to avoid phone calls on the job unless the drivers need to contact the person they are meeting.”
Last month, Bend real estate agent Leighsa Francis analyzed her business cell phone usage. She found she had a total of about 78.4 hours of usage, over half of which was spent on the road, she said. Because of the amount of time spent on the road, she said she should be exempt from using a hands-free device.
“It's really frustrating that they weren't clear about who can use a cell phone and who can't,” she said. “Why leave it wide open to interpretation? It's just going to cause more problems.”
State Rep. Judy Stiegler, D-Bend, supported the law.
“There's a point at which we really can't control behavior, it's a personal issue. But this is a safety issue, really,” Stiegler said. “I looked at the data from other states, and it was persuasive — I know how distracted I can get; I know how distracted other people can get.”
State Sen. Chris Telfer, a Bend Republican who opposed the law, said she doesn't see any evidence that hands-free devices reduce the distraction of using a phone while driving.
“I don't think government should regulate somebody's stupidity. If they shouldn't be talking because it's a distraction and a safety hazard, then they shouldn't be talking,” Telfer said. “But the fact (is) that whether they're holding the phone in their hand or the phone is in their lap, the distraction's still there, the safety issue's still there, and this bill does not solve that problem.”
Both Steigler and Telfer said they expect the question of what constitutes acceptable work-related cell phone use will be determined one case at a time in traffic court.
Stiegler said the primary focus of the bill is personal cell phone use, and had legislators drafted a list of occupations exempt from the new law, they would have inevitably left something out.
“In today's modern era it may be we haven't thought of all the different applicable areas where it may be an integral part of a person's employment. We left the door open for that,” she said. “You try to be as broad as you possibly can when you're making those exceptions.”
Exempting work-related phone usage undermines the objective of the law, Telfer said. Lawmakers had several discussions about what kinds of workers should be exempted before leaving the question unanswered, she said, an oversight that should have been addressed before the bill was passed.
“If that's a danger to talk on the phone, why should we let people who are a danger on the road talk on the phone, whether it's business or not?” she said.
According to the Governors Highway Safety Association, Oregon will become the sixth state to ban the use of a hand-held cell phone while driving. Nineteen states ban text messaging by drivers.
Scott Hammers can be reached at 541-383-0387 or at shammers@bendbulletin.com. Reporter Andres Navarro contributed to this story.
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