Last year, Oregon’s law forbidding all handheld uses of mobile electronic devices while driving took effect. As of this past Sunday (July 1st), the penalties have increased significantly and can even include jail time for serial offenders.
The law applies to use of cell phones, tablets, kindles, laptops, GPS units, mobile music players and all other electronic devices that are not permanently installed in the vehicle.
Exemptions include the making of medical emergency calls (but only if no other person in the vehicle is capable of summoning help) as well as use of handheld devices by certain people acting in the scope of their employment, including operators of emergency vehicles and operators of vehicles covered by CDL laws.
You’re still allowed a single touch or swipe to activate or deactivate the device or a function of the device. You can also use your handheld device when you’re parked in a designated parking spot or if you’ve pulled off the road to a spot where your vehicle can safely remain stationary.
The new penalties are a fine of up to $1,000 for a first offense that doesn’t contribute to a crash and a fine of up to $2,500 for a second offense or for a first offense that does contribute to a crash.
A third offense in ten years is a Class B misdemeanor, with a fine up to $2,500 and the potential for six months in jail.
A number of other states have recently increased penalties for distracted driving, so it’s important for you to know the law in your state as well any other states you drive in.
Even without such laws, however, distracted driving can lead to significant liability if you or your employee is involved in a crash, because use of an electronic device while driving will likely be considered negligent. In fact, proof that an individual was driving while texting or speaking on a cell phone has resulted in significantly higher damage awards in many cases.
If you’re an employer, you need to have a written policy about the use of electronic devices in vehicles, even if your employees do not ordinarily drive in the scope of their employment or use company vehicles. To be effective, compliance must be monitored, and the policy must be enforced. For businesses involving frequent driving, training is advisable as well.
Please feel free to contact us if you have any questions about the laws relating to use of handheld devices in your state or about drafting appropriate policies for employees.
