Picked this up on ARRL looking for an answer to one of Bens questions.  Good clarification.  Curious if it allows FCC license holders (HAM radio operators) to use cell phones.  Hmmnnn,  I have not looked into it in depth yet.

Hello everyone. I hope you are having a good new year.

There are a lot of discussions going on right now about the cell phone bill that went into effect on January 1. Some people are looking at the original bill passed by the house so I wanted to send out a message to everyone about this. Please distribute to your clubs and ARES units.

I recommend that you keep a copy of the bill in your vehicle along with your wallet-sized ham radio license.

I really want to thank Senator Morrisette for his help in making sure this happened. He worked with Jim, KI7AY, to submit amendments to the bill. He also attended the committee meeting, spoke in favor of the bill and introduced Jim and me so we could speak. It is very valuable to have a legislature member do this since the committee invites them to speak first. This allowed ham radio to be represented at the beginning of the meeting. A number of other ham radio operators attended and spoke as well, representing us well.

The engrossed version of the bill can be found at: http://www.leg.state.or.us/09reg/measures/hb2300.dir/hb2377.en.html

The relevant sections are towards the bottom of page 1 and near the top of page 2:
(3) This section does not apply:
(i) To a person who holds a valid amateur radio operator
license issued or any other license issued by the Federal
Communications Commission and is operating an amateur radio;

The following paragraph (j) also exempts CB and FRS radios.

Bonnie

Im sorry for being  ORS code ignorant, but does that mean HAM RADIO OPERATORS can use cell phones? That bill reads like stereo or enterainment center building instructions.

(i) To a person who holds a valid amateur radio operator
license issued or any other license issued by the Federal
Communications Commission and is operating an amateur radio;
 

Same with CB/FRS, it states you must be transmitting within the approved band (CB or FRS not cell phones)

(j) To a person who operates a two-way radio device that
transmits radio communication transmitted by a station operating
on an authorized frequency within the citizens' or family radio
service bands in accordance with rules of the Federal
Communications Commission; or

Either way it is a secondary offense law, meaning you cannot be pulled over solely for using a cellphone or radio.

FWIW, I am not a Lawyer nor do I play one on TV so arguing with a State Trooper or other member of Law Enforcement on the side of the road that you read on an online forum....  ;)

It states pretty plainly near the end of the bill that it is a secondary offense;

{ - (4) Notwithstanding ORS 810.410, a police officer may
enforce this provision only as a secondary action when a driver
of a motor vehicle has been detained for a suspected traffic
violation or some other offense. - }

Let's just hope no one from NWOS finds out how they intend to enforce their new law.

The fact sheet in the link below provides simple clarification.

http://www.oregon.gov/ODOT/TS/docs/publications/HandsFree_External_Jan2010.pdf

{ - (4) Notwithstanding ORS 810.410, a police officer may
enforce this provision only as a secondary action when a driver
of a motor vehicle has been detained for a suspected traffic
violation or some other offense. - }

Not according to last (clarification) linky

It’s a primary offense. This means law enforcement personnel can stop a driver solely for using a mobile communications device without using a hands-free accessory.

*edit- ok I see where my problem was in reading the bill, I wasn't computing the stricken text from the previous law that they were changing. The sections marked with {- ... -} are the parts of the old law they struck down.

I think driving while juggling a cell phone is dangerous and txt'ing is even worse so I have no problem with these laws.   My Xterra has bluetooth and that has been a blessing both for my driving and my enjoyment of talking on the cell.

I've actually gone out to my rig just to make phone calls because I can't stand holding that brain tumor machine up to my head! 

Now that's funny.  I wonder what Brain-trust thought this might be worth passing...  I think I'll just leave the seatbelts buckled in my truck all the time, even when I'm not in it.

I was interested in following up on the 'Move Over' law you guys just passed (to protect Officers from being sideswiped, amongst other things) and came across this : www.kval.com/news/79856162.html

Details of new off road seat belt law : www.oregonohv.org/OPRD/ATV/Permits.shtml#Class_II_Permits