May 9, 2025

ORS 811.507: Understanding Oregon’s Distracted Driving Law

ORS 811.507: Understanding Oregon’s Distracted Driving Law

Distracted driving is a serious safety issue on Oregon roads. In fact, between 2017 and 2021, there were over 2,000 crashes and 15 fatalities in Oregon caused by drivers using a cell phone behind the wheel. To combat this danger, Oregon law ORS 811.507 – commonly known as Oregon’s distracted driving law – strictly prohibits drivers from using mobile devices while driving.

This article provides a clear, organized overview of ORS 811.507 for Oregon drivers and accident victims. We’ll explain what the law prohibits, the penalties for violations, how it’s enforced, common misunderstandings, and practical tips to comply. We’ll also discuss how this law can affect liability in car accident claims. Finally, we include a brief history of ORS 811.507 and its recent legislative changes. Whether you’re a Portland-area driver trying to stay legal or someone injured by a distracted driver, this guide will help you understand Oregon’s distracted driving law and why it matters.

What Is ORS 811.507 (Oregon’s Distracted Driving Law)?

Distracted Driving ORS 811.507

ORS 811.507 is the Oregon statute that makes it illegal to drive while using a mobile electronic device – essentially Oregon’s ban on texting or handheld phone use while driving. The official title of ORS 811.507 is “Operating a motor vehicle while using a mobile electronic device”. This law was enacted to reduce crashes caused by drivers paying attention to phones or gadgets instead of the road. ORS 811.507 applies to all drivers in Oregon (and even bicyclists, as Oregon considers bicycles as vehicles in many cases) and is especially relevant in the Portland metro area where distracted driving incidents are high.

Under ORS 811.507, “driving” includes times when your vehicle is temporarily stopped in traffic or at a light, not just when it’s moving. In other words, if you’re behind the wheel on a public road – even if you’re paused at a red light or stuck in rush-hour traffic – the distracted driving law still applies. Oregon’s law is a primary enforcement law, meaning an officer can pull you over solely for using your phone while driving. Simply put, ORS 811.507 is Oregon’s way of saying “Phone down, eyes on the road.”

What Does ORS 811.507 Prohibit?

ORS 811.507 broadly prohibits holding or using any mobile electronic device while driving. The law is intentionally strict and wide-ranging. Here are the key things it forbids:

  • Holding a Mobile Device: It is unlawful to hold a phone or other electronic device in your hand while driving. Even if you aren’t actively talking or texting, just having the device in your hand counts as an offense under the law. For example, holding your phone to look at a GPS map or checking a notification while driving is illegal in Oregon.
  • Using a Device for Any Purpose: Oregon’s law isn’t limited to texting or calling. It bans using a mobile device for any purpose while driving – including texting, emailing, browsing the internet, using apps, watching videos, or any other activity. The statute specifically defines “using” to include text messaging, voice communication, entertainment, navigation (GPS), accessing the internet, or even drafting an email. In practice, this means any interaction with your phone or tablet while driving is prohibited.
  • Driving Includes Stops in Traffic: As noted, you cannot use your phone even when stopped at a stoplight, stop sign, or in stop-and-go traffic. Many drivers mistakenly think it’s okay to text at a red light – but ORS 811.507 defines “driving” to include being temporarily stationary due to traffic or a control device. Oregon’s Department of Transportation emphasizes that it is NOT legal to use the device when stopped at a stop light, stop sign, in traffic, etc.. So, if you’re on the road and not parked in a designated spot, keep the phone put away.

In short, Oregon’s distracted driving law prohibits any handheld use of phones or similar electronics while operating a vehicle. The goal is to ensure drivers keep their eyes on the road and hands on the wheel at all times. Next, we’ll discuss the few exceptions to this strict rule.

Are There Any Exceptions to the Distracted Driving Law?

Yes, ORS 811.507 provides a few narrow exceptions and defenses – but these are limited and mostly for specific situations. Generally, Oregon wants drivers completely phone-free behind the wheel, but the law makes allowances for the following scenarios:

  • Hands-Free Use (18+ Only): Drivers aged 18 and over may use a hands-free accessory or built-in car system to talk on the phone, as long as it allows them to keep both hands on the wheel. This typically means using Bluetooth, speakerphone (without holding the phone), or in-dash systems. The device should be mounted or integrated so you’re not holding it. Important: Drivers under 18 are not allowed to use any mobile device at all while driving – even hands-free. For teen drivers, any phone use (except emergencies) is illegal.
  • One-Touch Activation: Oregon’s law permits using a single touch or swipe to activate or deactivate a device or a function of the device. This is meant for things like answering a call with one button press or tapping to start your voice-command GPS. It’s essentially a very limited exception to allow quick, one-touch interactions. Beyond one swipe or tap, any further interaction crosses into “use” that is prohibited. (For example, swiping once to answer a call is okay, but typing an address into Google Maps is not – you’d need to pull over to do that.)
  • Parked Safely: If your vehicle is safely parked in a designated parking spot and not in a lane of traffic, you may use your device. To qualify, you must be truly parked (for instance, in a parking lot or pulled over on the shoulder where it’s legal to park). Simply being stopped in the road (like at a traffic jam or roadside moment) is not enough – you have to be out of active traffic. So, if you need to use your phone, find a safe place to pull over and park before doing so.
  • Emergency Calls: You can use a mobile device to summon medical or other emergency help if no one else in the vehicle can do it. This is an affirmative defense in the law – meaning if you were calling 911 or otherwise legitimately reporting an emergency, that can excuse the device use. This exception is strictly for emergencies where you need immediate assistance (e.g., calling 911 to report a crash or crime in progress).
  • Work-Related Exceptions: Certain professionals have exceptions while on duty. For example, tow truck operators and bus drivers following federal CDL rules, and commercial truck drivers using federally allowed devices, are exempt when acting within the scope of employment. Also, emergency service providers (police, firefighters, EMTs) and ambulance drivers are allowed to use devices as needed for their duties. Additionally, two-way radio use is permitted for specific situations – like CB radios for truckers, school bus drivers, utility workers, or ham radio operators (18+ with a FCC license) – typically when it’s work-related or for public safety. These exemptions cover communication devices other than cell phones, often used for coordination in certain jobs.
  • Using a Medical Device: The law provides a defense for a driver using a medical device (for example, an insulin pump or heart monitor that’s an electronic device). This isn’t about phones, but it’s an exception written into the statute to ensure people with medical equipment aren’t penalized.

Outside of these scenarios, Oregon drivers should assume no phone use is allowed while driving. It’s safest to “park your phone” (as ODOT’s safety campaign says) whenever you’re behind the wheel. Next, we’ll look at the penalties you could face if you violate ORS 811.507.

Penalties for Violating ORS 811.507 (Distracted Driving)

Violating Oregon’s distracted driving law carries increasingly severe penalties, especially for repeat offenses. Lawmakers have escalated the fines and even added the possibility of jail time to deter drivers from using devices. The exact penalty depends on whether it’s your first, second, or subsequent offense (and whether a crash was involved). Below is a summary in table form of the penalties under ORS 811.507:

Offense (Within 10-Year Period)ClassificationTypical Penalties
First offense (no crash involved)Class B traffic violationPresumptive fine ~$265 (maximum fine up to $1,000). No jail time (violations are not crimes). Eligible for fine waiver (see note below).
Second offense OR first offense causing a crashClass A traffic violationPresumptive fine ~$440 (max up to $2,000). No jail (still a violation). A first offense that contributed to an accident is treated as Class A.
Third offense (within 10 years)Class B misdemeanor (criminal)Criminal misdemeanor charge – up to $2,500 fine and potentially up to 6 months in jail. (Minimum fine of $2,000 mandated by law for third offense.)

Fine Waiver for First Offenders: Oregon provides an incentive for first-time offenders to learn from their mistake. For a first offense that did not contribute to a crash, the court may suspend the fine if the driver completes an approved Distracted Driving Avoidance Course within 120 days and shows proof to the court. This is essentially a one-time get-out-of-fine opportunity. However, the violation still goes on your driving record – the course only waives the monetary fine, not the violation itself. The course is typically a 90-minute class about distracted driving risks (ORS 811.508 is the statute that established this diversion program). Remember, this option is only available once (for your first offense). If you get caught again, you’ll be facing fines with no waiver.

How These Penalties Add Up: The jump in penalties is steep to deter repeat behavior. A first ticket might cost around $265 out-of-pocket (and you can even avoid paying that with the class). But a second ticket will likely cost over $400, and a third within a decade moves into criminal territory – meaning a judge could actually sentence you to jail time. Oregon is one of the states that has criminalized habitual distracted driving. Beyond the court-imposed penalties, insurance rates will also spike after these violations, and a misdemeanor record is far more serious than a simple ticket. The bottom line: the more times you’re caught driving distracted, the harsher the punishment gets – Oregon really wants you to stop doing it.

Below, we’ll cover how this law is enforced on the roads and some common misconceptions drivers have about what is or isn’t allowed.

How Is Oregon’s Distracted Driving Law Enforced?

Enforcement of ORS 811.507 is taken seriously by Oregon police and state officials, given the high number of crashes attributed to phone use. Here’s what you should know about how the law is enforced:

  • Primary Enforcement: As mentioned, distracted driving (cell phone use) is a primary offense in Oregon. You do not need to be breaking any other law for an officer to stop and cite you – if an officer sees a phone in your hand or sees you texting, that alone is sufficient cause for a traffic stop. Unlike some other violations that might be secondary, Oregon gives police full authority to pull drivers over for device use to nip dangerous behavior in the bud.
  • Police Observation: In practice, an officer must see you holding or using the device to ticket you (after all, they can’t read your mind to know you’re texting if the phone is hidden). Law enforcement agencies have gotten creative in catching violators. For example, police have been known to ride in unmarked cars, on motorcycles, or even pose as construction workers or panhandlers at intersections to get a good vantage point into vehicles. A notable local example: Hillsboro Police once ran a sting where an officer dressed in plain clothes held a sign reading “I’m a cop, put down your phone” at a busy intersection – resulting in 28 distracted driving citations in just three hours. Officers have found that being elevated (like in a truck or on a roadside overpass) helps them spot texting drivers who might otherwise try to hide their phones low.
  • Statewide Crackdowns: Oregon often participates in distracted driving enforcement campaigns (often around April, which is Distracted Driving Awareness Month, or other times of year). During these blitzes, you might see more officers on patrol specifically looking for phone violations. The Oregon State Police and local departments sometimes publicize these efforts to warn drivers. The City of Portland’s traffic safety division has also emphasized that stopping distracted drivers is a key part of reducing crashes (“Phone in one hand, ticket in the other,” as one safety campaign put it).
  • Conviction Numbers: The law is actively enforced. From 2017 to 2021, there were over 60,000 convictions for Oregon drivers using a mobile device while driving. That number reflects citations statewide – an indication that police are indeed writing tickets and courts are processing them. So if you think “everyone is doing it and not getting caught,” the statistics say otherwise: tens of thousands are getting caught.
  • What Officers Will Do at a Stop: If you’re pulled over, the officer may ask if you were using your phone and will note if a device is visible. It’s usually obvious – the glow of a phone at night, or the telltale downward gaze into your lap, can give you away. Some drivers try to argue they were just holding it or only looking at GPS, but Oregon’s law doesn’t make a distinction (unless it was a single swipe, which is hard to prove). It’s generally best to comply and not attempt to quickly hide or toss your phone – that could raise suspicion of other wrongdoing. If cited, you’ll receive a ticket that notes ORS 811.507, and you’ll have to deal with it much like a speeding ticket (either pay the fine, take the class if eligible, or contest it in court).

Oregon’s enforcement efforts underline that using a phone while driving is both unsafe and likely to result in a ticket. Still, misconceptions abound about what is allowed. In the next section, we debunk some common misunderstandings about ORS 811.507 so you don’t fall into a legal trap.

Common Misconceptions About ORS 811.507

Despite public outreach, many drivers remain confused about the distracted driving law. Let’s clear up a few common misconceptions about ORS 811.507 and what you can or cannot do:

  • “It’s fine if I’m stopped at a red light.”False. As noted earlier, being stopped in traffic or at a light does not exempt you from the law. ORS 811.507 considers you to be “driving” even when temporarily stationary in traffic. You cannot pick up your phone at a stoplight to check a text or scroll your music playlist. Many drivers have been surprised by a ticket when they thought idling at a red light was a safe time to use the phone. The only time it’s legal is if you’ve pulled over and parked in a safe place off the road.
  • “I can hold the phone and use speakerphone, since I’m not texting.”False. Simply holding the phone in your hand is illegal in Oregon, regardless of whether you’re using speakerphone or not typing. The law isn’t limited to texting; it’s the act of holding or using the device in any way. Even if you’re just holding the phone to talk hands-free or using it as a GPS map, if it’s in your hand, it’s a violation. The only legal way to have a phone conversation while driving is truly hands-free – earpiece, car Bluetooth, or speakerphone with the phone set down or mounted (and remember, you must be 18+ to use even hands-free).
  • “Using GPS or maps on my phone is allowed.”False, if you’re holding or interacting with the phone. While navigation apps are incredibly common, you must use them in a hands-free manner. It’s legal to mount your phone (e.g., on a dashboard holder) and have directions play over audio. It’s not legal to input an address or fiddle with the map while driving. Oregon does allow a single swipe or tap to start a function – so you could, for instance, tap “start” on your pre-entered route before you start moving, or use one tap to answer a voice call from your mapping app. But typing or multi-step interaction with a GPS app while in motion is prohibited. A good rule: set your destination before you drive, or pull over to a safe spot if you need to reprogram your GPS.
  • “If I’m a younger driver (under 18), I can use hands-free calling like adults.”False. Minors (under 18) have a stricter rule: no phone use whatsoever while driving, not even hands-free or one-touch. The only exception would be summoning emergency help. Oregon’s graduated driver license laws and ORS 811.507 make it illegal for teens to use any electronic devices on the road. So teens should set the phone to Do Not Disturb and keep it out of reach. Adults 18 and over get the limited privilege of hands-free use; minors do not.
  • “The police won’t actually pull me over just for looking at my phone.”False. They absolutely will. As discussed in the enforcement section, Oregon police are actively looking for distracted drivers, and the law is a primary offense. If an officer sees a glowing screen or you glancing down repeatedly, you can be stopped solely for suspected phone use. Thousands of drivers each year learn this the hard way when they get a citation. Don’t assume you’ll get a warning – often, officers have leeway, but given the well-publicized danger of distracted driving, many officers won’t hesitate to ticket a violator to send a message.
  • “It’s just a small fine, not a big deal if I get a ticket.”False. The fines are not “small” – a first offense has a base fine of $265 (and could be up to $1,000). That’s significantly more than a typical speeding ticket for, say, 5-10 mph over the limit. A second offense jumps higher, and a third offense is a criminal charge with potential jail. Also, the violation goes on your driving record, which likely means higher insurance premiums. Oregon drivers have seen their insurance rates climb after a distracted driving ticket, sometimes nearly as much as a DUI in terms of risk factor. It is a big deal; multiple offenses can even lead to a suspended license in some situations (since it’s a misdemeanor on the third strike).

By dispelling these misconceptions, we see that ORS 811.507 is quite strict. The safest course is to avoid phone use entirely while driving. Next, we’ll offer some practical tips to help drivers comply with the law and stay focused on the road.

Practical Tips for Complying with ORS 811.507 (How to Avoid Distracted Driving)

It’s one thing to know the law, but another to change our habits. Here are some actionable tips to help you avoid distracted driving and comply with Oregon’s law:

  • “Park Your Phone” Before You Drive: Turn your phone off or on silent (with vibration off) when you get in the car, or switch it to a built-in Driving Mode or Do Not Disturb. Both iPhone and Android phones have features that can automatically silence notifications and send auto-replies while you’re driving. If you’re not tempted by rings or pings, you’ll be less likely to reach for the phone.
  • Use Hands-Free Technology Wisely: If you need to take calls while driving and you’re over 18, set up a hands-free system in advance. Pair your phone with your car’s Bluetooth or have a dashboard mount and voice-activation ready. For example, use Siri, Google Assistant, or Alexa Auto to place calls or get directions by voice command. Remember, only a single touch is allowed to initiate – so you might say “Hey Siri, call Mom” rather than picking up the phone. Keep in mind, hands-free does not mean risk-free (it’s still distracting), but it keeps you on the right side of the law.
  • Set Your GPS Before Rolling: Plan your route and enter the destination while parked. If you’re going to a new location, input the address and get the navigation started before you shift into drive. If you realize you need to change the route or re-search something, find a safe place to pull over. The few minutes of delay are worth avoiding a crash or ticket. Consider printing directions or memorizing the first few steps so you’re not reliant on looking at the screen immediately.
  • Put the Phone Out of Reach: Out of sight can be out of mind. Stash your phone in the glove compartment, center console, or back seat so you’re not even tempted to pick it up. Some people throw the phone in their bag in the backseat. If you use it for music or podcasts, start the playlist beforehand or use voice commands. You can also have a passenger be the designated “texter/DJ” if someone is with you – let them handle the device.
  • Use Apps or Tools to Prevent Usage: There are apps that can block incoming texts or send auto-replies like “I’m driving, will respond later.” You can also configure your phone to automatically detect driving (through motion/bluetooth connection) and activate Do Not Disturb. For parents of teens, consider apps or settings that lock the phone while the car is moving (some insurance companies even offer such apps that monitor phone motion). This can instill good habits early.
  • Take Advantage of the Course (if needed): If you do get a ticket for the first time, strongly consider taking the distracted driving avoidance course to waive the fine. Not only does it save you money, but it can be an eye-opener about the dangers of distracted driving. Many participants report it changed how they view phone use in the car. Just remember you must get it done within 120 days and it’s only a one-time option. Of course, the goal is to not get that ticket at all – but if you slip, use the educational opportunity.
  • Stay Focused in Other Ways: Avoid other distractions too (eating, grooming, fiddling with controls) – while those might not be specifically ticketable under ORS 811.507, they could lead to a careless driving charge if you cause an accident. And from a safety perspective, a distracted driver is a distracted driver, whether it’s a phone or a sandwich. Keep your driving environment as distraction-free as possible: adjust seats, mirrors, climate control before moving, and ask passengers (especially kids) to be mindful of your need to concentrate.

By following these tips, you’ll greatly reduce the chance of violating the law or endangering yourself and others. Next, let’s discuss how ORS 811.507 might come into play after a crash – specifically, what it means for liability and personal injury claims if you’re hit by a distracted driver.

How ORS 811.507 Affects Liability in Car Accident Claims

If you’re the victim of a car accident and suspect the other driver was distracted by their phone, ORS 811.507 can actually be a powerful ally in your personal injury case. In Oregon (as in most states), there is a legal concept called “negligence per se.” This means that if a driver violated a safety law and caused the harm the law was intended to prevent, that violation can be used as evidence of negligence in a civil claim.

Here’s how Oregon’s distracted driving law might play into an accident claim:

  • Establishing Fault: A driver looking at their phone is not watching the road – if they cause a crash (rear-end you, run a red light, etc.), they have likely breached their duty to drive safely. If the police cited the driver for ORS 811.507 at the scene, that citation becomes compelling evidence that the driver was acting negligently (breaking a law designed to protect others). In an injury lawsuit, you can point to the fact that the other driver violated ORS 811.507 as proof they were negligent. Under Oregon’s negligence per se doctrine, the violation of the distracted driving statute presumes the driver was negligent in the crash, so long as you as the injured party are within the class the law aims to protect (road users) and the harm is what the law tries to prevent (traffic collisions). This can make it easier to hold the at-fault driver liable, as you don’t have to prove from scratch that they were being careless – the law violation does a lot of that work.
  • Evidence of Phone Use: Even if the police didn’t issue a citation at the scene, you can still investigate possible phone use. Experienced personal injury attorneys (like those at Johnson Law, P.C.) know to look for evidence of distraction. This can include obtaining the driver’s cell phone records (to see if a text was sent or a call in progress at the time of the crash), gathering eyewitness statements (maybe someone saw the driver looking down at a phone), or even using vehicle data. In litigation, attorneys can subpoena phone records or use discovery to find out if the driver was on their phone. An admission by the other driver or a witness’s testimony that “the driver was texting” can be powerful in front of a judge or jury.
  • Liability and Insurance: If it’s proven that the other driver was unlawfully using their phone and that caused the accident, their insurance company will have a hard time disputing liability. It often leads to a clearer-cut case of negligence. Sometimes, this can encourage a fair settlement, because the risk of a large jury verdict goes up when jurors are angered by a texting driver. From an insurance standpoint, a traffic citation for distracted driving in the accident report is a big red flag of fault.
  • Criminal vs Civil: Keep in mind, the traffic ticket (violation) or even a misdemeanor charge for repeat offenders is handled in traffic/criminal court, separate from a civil injury lawsuit. But the outcome or evidence from the traffic case can influence the civil case. For example, if the driver pleads guilty to the citation, that could be used in your civil case as an admission. Oregon’s distracted driving law doesn’t directly award you compensation – you still have to pursue a claim or lawsuit – but it arms you with a strong argument. Essentially, the law exists “to protect others on the road from the added safety risks a driver’s inattention represents”. If you are “others on the road” who got hurt, the law is on your side.
  • Comparative Fault Considerations: Oregon follows a modified comparative negligence rule. This means if you were also partially at fault, your recovery might be reduced. But one benefit of negligence per se is focusing the blame on the violator of the statute. For instance, if you were driving slightly over the speed limit but the other driver was texting and blew through a stop sign, their texting (violating ORS 811.507) is strong evidence of greater fault. As long as you were not 51% or more at fault, you can still recover damages. Distracted driving often is seen as a serious breach, likely outweighing minor mistakes by the other party.
  • Using the Law in Settlements: In many cases, just the threat of proving an ORS 811.507 violation can bring the at-fault driver’s insurer to the negotiating table. No insurance company wants to defend a driver who was blatantly texting and caused injuries – a jury could award high punitive-like compensations even if not officially punitive damages, out of anger. So, your lawyer can leverage the existence of the law and any evidence of its violation to push for a favorable settlement for you.

For accident victims, the key takeaway is that if the driver who hit you was on their phone, Oregon law not only made that act illegal but also provides a pathway to establish their negligence clearly. Be sure to inform your attorney of any suspicion of phone use, and they can take steps to verify it. Johnson Law, P.C. and other personal injury firms routinely handle cases involving distracted driving – and the evidence that the driver violated ORS 811.507 can significantly strengthen your case for compensation for medical bills, lost wages, pain and suffering, and other damages you incurred.


History and Evolution of ORS 811.507 (Oregon’s Distracted Driving Statute)

Oregon’s distracted driving law hasn’t always been as comprehensive as it is today. It evolved over time as cell phones became more prevalent and as lawmakers closed loopholes and increased penalties. Here’s a brief history of ORS 811.507 and related statutes:

  • Initial Cell Phone Bans (2007–2010): Oregon’s first foray into banning phone use while driving came in the late 2000s. In 2007, the legislature passed a law prohibiting drivers under 18 from using mobile phones (even hands-free). By 2009, lawmakers enacted a broader texting-while-driving ban (often called the “2009 distracted driving law”). The early version of ORS 811.507 focused on “mobile communication devices” – meaning the law initially targeted talking and texting on cell phones. However, it had notable exemptions, such as allowing hand-held use for work purposes (which some called a loophole). In fact, until 2012, Oregon law allowed drivers to use a handheld phone if it was for their job – but judges found that exemption was being abused (drivers would claim “it was a work call” to get out of tickets). So that loophole was closed effective January 1, 2012, making work-related handheld calls illegal too.
  • Early Penalties: Originally, distracted driving was a lower-level offense (Class D violation). The fines were modest – around $90 to $150 for a first offense. Over time, officials realized these small fines weren’t a strong deterrent. In 2013, the Oregon legislature passed Senate Bill 9, which elevated the offense to a Class C violation and raised the base fine to $160 (with a presumptive fine around $260). This took effect in 2014. The maximum fine was set to $500 for a violation. Lawmakers and safety advocates were signaling that distracted driving should carry consequences more akin to serious traffic offenses.
  • 2017 – Major Overhaul (House Bill 2597): By 2017, cell phones had evolved into smartphones with apps, and drivers were doing more than just calling or texting. A pivotal moment was a court case that highlighted how the old law only covered “communication” (calls/texts) – meaning someone using a phone for other purposes (like GPS or music) might escape citation. There was also ambiguity about whether being stopped in traffic counted as “driving.” To address these issues, the legislature passed HB 2597 in 2017, which significantly expanded and strengthened ORS 811.507. Effective October 1, 2017, the law was updated to cover “mobile electronic devices” (not just “communication devices”), thereby including any use of a phone, tablet, GPS, etc.. It explicitly prohibited holding a device and clarified that being “temporarily stationary” (like at a red light) is no exception. HB 2597 also introduced the tiered penalty structure: making a first offense a Class B violation (instead of C) with higher fines, elevating to Class A for repeat or crash-related, and creating the Class B misdemeanor for third offenses. In short, the 2017 law closed loopholes and told drivers that Oregon was getting much tougher on phone use behind the wheel.
  • 2018 – Fine-Tuning (House Bill 4116): After the 2017 overhaul, a follow-up bill in 2018 tweaked a few details. HB 4116, effective March 16, 2018, adjusted definitions and exceptions. It refined the definition of “driving” and “hands-free accessory” (for instance, specifically allowing the minimal use of a finger to activate/deactivate a device – the one-touch rule). HB 4116 also added an exemption for commercial truck drivers using hands-free within the scope of employment, and clarified two-way radio exceptions for certain vehicles (like for farmers moving livestock or oversize vehicles). Additionally, it clarified how prior offenses are counted: only offenses on or after July 1, 2018, would count toward the “three strikes in 10 years” rule going forward. This was to avoid penalizing someone for old offenses under differently worded laws. Essentially, 2018’s changes smoothed out HB 2597’s rough edges and ensured the law was fair and clearly defined.
  • Related Statutes: Along with ORS 811.507, Oregon created ORS 811.508 in 2017, which is the statute that set up the Distracted Driving Avoidance Course program (allowing the fine waiver for first offenders). ORS 811.508 directed ODOT to approve course curricula and maintain a list of providers. Another related rule in Oregon’s vehicle code is ORS 811.135 (Careless Driving) – while not specific to phones, this law can be used to cite drivers who are engaged in any distracting behavior (not paying full attention) that endangers others. In serious cases (like a distracted driver causing a fatality), a driver might even face ORS 811.140 (Reckless Driving) or higher charges. But for garden-variety phone usage, ORS 811.507 is the go-to statute. It’s worth noting as well that Oregon has broader “distracted driving” discussions (beyond electronics), but as of now, the law specifically targeting electronics is 811.507.
  • Public Awareness and Education: The changes in 2017 and 2018 came with public education efforts. ODOT formed a Distracted Driving Task Force and campaigned with slogans like “Park Your Phone” and “Hands on the Wheel, Eyes on the Road.” Law enforcement grants have funded overtime for officers to do dedicated distracted driving patrols. The state even placed new road signs on highways stating that using a mobile device while driving is illegal and “violators are subject to criminal penalties”. These signs went up as a result of the mandate in the 2017 law to increase awareness. Over the years, Oregon’s approach has shifted from warnings and minor fines to a more hardline stance with bigger penalties, reflecting growing concern as distracted driving crashes remained persistent.

In summary, ORS 811.507 has transformed from a simple cellphone ban into a robust distracted driving law with teeth. The history shows a response to technology changes (texting, then smartphones) and legal loopholes (ensuring any device use is covered). Oregon drivers today face one of the tougher distracted driving laws in the country – which is good news for safety, even if it means we all have to be more disciplined about our phone habits.


Conclusion: Oregon’s ORS 811.507 distracted driving law is designed to keep our roads safer by eliminating the distraction of mobile devices. For drivers, the message is clear: keep your eyes on the road and your hands off the phone, or you could face hefty fines and even jail for repeat offenses. For those unfortunate enough to be injured by a driver who was using their phone, know that this law can help hold that driver accountable in court. At the end of the day, no text or call is worth a life or serious injury. Staying informed about laws like ORS 811.507 helps us all be better drivers. So the next time you hear your phone buzz while driving in Portland or anywhere in Oregon, remember the law – and wait until you’re parked to check it. Safe driving!

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