On Jan. 1, Eugene police officers issued several warnings to Oregon residents for an offense that had been legal the previous day: talking on a cell phone while driving.
Congress passed House Bill 2377 on April 23, and the law went into effect Friday. The law prohibits people from using a cell phone while driving, unless the driver is older than 18 and is using a hands-free device.
The purpose of the law is to cut back on distracted driving and thus to decrease the chances of accidents on the road, Eugene police spokesperson Melinda Kletzok said.
“It will have people thinking twice before getting on their phone,” Kletzok said.
In the first weekend of the law’s instatement, officers mainly issued warnings instead of tickets to educate people about the new rules, Kletzok said.
“Hopefully people won’t take that as a license to be (talking on the phone) because as soon as you start implementing this, the safer everyone will be,” Kletzok said.
The minimum fine for driving while using a cell phone is $90, and the maximum is $142. The fine amount depends on where the driver is pulled over. For example, using a phone in state-controlled areas such as major highways may cost drivers more, because state bail, $142, is higher than municipal bail, $90.
The new law has one major loophole, though. It exempts motorists who are on their cell phones “in the scope of the person’s employment if operation of the motor vehicle is necessary for the person’s job.”
“A loophole like that will only make fair enforcement more difficult,” said David Kuhns, a psychology doctoral student who says he “studies how performance changes when people shift their attention between tasks, such as cell phone conversations and driving.”
Kuhns said “all the loopholes, exceptions and guidelines do very little for actually improving the safety of road conditions.”
The exemption was intended to include taxi drivers, emergency vehicle operators and tow trucks, but the law does not specifically state that, which creates a gray area for what constitutes a work-related call.
“That is going to be pretty strict,” Kletzok said.
To avoid a ticket based on this excuse, she said, drivers will have to prove in court that the phone call was urgent and strictly business-related.
Kletzok said talking on a phone while driving is a distraction, hands-free or not. But using a hands-free device allows drivers to have both hands on the wheel to better react to what is
happening on the roadway.
“I think the new cell phone law is great,” said Grace Burnham, a University sophomore. “It may ‘inconvenience’ a lot of people; however, I believe it will decrease accidents that are a direct result of cell phone use while driving.”
One of the bill’s co-sponsors, Sen. Bill Morrisette (D-Springfield), agreed that Oregon has taken a positive step toward preventing distraction-related accidents.
“Simply banning cell phones from automobiles would be overkill,” Morrisette said. “I am satisfied with hands-free. I think (it) will solve a lot of the problem.”
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