Whitney M. Woodworth

Statesman Journal

Two proposed bills in the Oregon State Legislature intend to curb the sometimes deadly act of driving while distracted — a growing problem officials have deemed "an epidemic... pervasive and entrenched in our society."

The House Committee on Judiciary met Monday for a public hearing on House Bill 2597. Another bill, which would make driving while using a cell phone or other electronic device a misdemeanor or felony depending on the frequency, is also making rounds in Senate committees. If either bill passes, it could seriously impact how people who drive while texting, surfing the web or using social media are caught and punished. Five things to know about distracted driving laws in Oregon:

The loophole

Texting and talking on the phone aren't the only problems, but thanks to a loophole stemming from a 2015 Oregon Court of Appeals ruling, they're the only primary distracted driving offenses one can be pulled over for. This means if a law enforcement officer spots someone behind the wheel reading a Kindle, they couldn't pull them over solely for that.

The loophole traces back to the State of Oregon v. Esmirna Rabanales-Ramos ruling. An Oregon State Trooper pulled over Rabanales-Ramos after witnessing the glow from an electronic device light up her face while she driving along a Washington County roadway. After the trooper pulled the woman over, he said he smelled alcohol. He performed a field sobriety test and arrested her for DUI. A judge with the Oregon Court of Appeals ruled that because the Oregon State Trooper didn't see Rabanales-Ramos talking on the phone or pressing buttons on the phone, he did not have probable cause to pull her over. The evidence from the traffic stop was suppressed.

The law, ORS 811.507, states one can't use a mobile device designed to receive and transmit text and voice communication while driving. The court ruled the law doesn't apply to those using the phone; it only affects those communicating on one.

5 facts you should know about distracted driving

Hard to catch

"(The ruling) is resulting in numerous citations being dismissed in courts around the state," Albany police Sgt. Robert Hayes said.

The National Safety Council estimated about one in four motor vehicle crashes involve cell phone use at the time of the crash. Hayes said the number of crashes caused by cell phone use is increasing at an "alarming rate."

Officers are having difficulty enforcing the cell phone ban, even as more and more people are dying in traffic deaths every year, Lake Oswego Sgt. Clayton Simon said. Since the ruling, the Lake Oswego municipal court has seen a 60 percent drop in warnings and citations, Simon said.

"And that's not because fewer people are on their phones," he added.

Traffic deaths are up

With an average of eight people dying every day due to distracted driving, according to the CDC, agencies like the National Highway Traffic Safety Administration and the Oregon Department of Transportation have declared the deadly behavior an epidemic.

Traffic deaths are on the rise, both nationwide and statewide. In 2016, 495 people died on Oregon's roads, a 58 percent increase from the 313 deaths in 2013.

Fatal auto crashes in Oregon on the rise again

According to ODOT statistics, a person is injured in a crash involving distracted driving in Oregon every three hours.

"Distracted driving — inattentiveness that occurs when drivers divert their attention away from the driving task to focus on another activity — behavior has become pervasive and entrenched in our society" Oregon Department of Transportation Director Matthew Garrett said. "It has become an epidemic facing the country and the state with fatalities and serious injuries increasing each year."

HB 2597: Close the loophole, educate first-time offenders

The proposed bill in the house would replace the term "mobile communication device" with "mobile electronic device" and would include anything not permanently installed in a car used for text messaging, talking on the phone, entertainment, navigation, using the internet and producing emails.

The changes would clarify the law, remove ambiguity and take into account the capabilities of today's technology, Garrett said.

The bill would also allow first-time offenders to undergo distracted driving education in place of a fine but also increase the maximum fine from $500 to $2,000. First-time offenders whose cell phone use resulted in a crash would not be eligible for the fine waiver.

Marion County Sgt. Todd Moquin , supervisor of the sheriff's office traffic safety team, said the bill would not only close the frustrating loophole, it would also provide educational opportunities to hopefully change dangerous distracted driving behaviors.

He requested that on-call law enforcement officers and volunteer search and rescue teams be exempt from the cell phone use ban.

Amateur ham radio operators, trucking and Portland General Electric officials also asked during the proposed bill that exemptions be allowed under certain circumstances.

SB 2: Harsher convictions, increased fines

The other proposed bill would also expand the statute's definition to include social media use, navigation and internet use. It would make any use of a mobile electronic device while driving a Class A misdemeanor. More than three convictions in the span of 10 years would result in a felony.

With the amendment, a first-time distracted driving offense would carry a maximum penalty of one year in prison, a $6,250 fine or both. Multiple violations within 10 years could cause the fine to increase to as much as $10,000.

Officials discuss harsher penalties for distracted drivers

Oregon Senate President Peter Courtney , the chief sponsor of the Senate bill, said in a December hearing that he wanted to make the punishments for distracted driving equivalent to the sentences given for DUI.

"Distracted driving-related injuries and deaths are becoming an epidemic," he wrote in his testimony. "Until we, as a state, take distracted driving as seriously as drunk driving we aren’t going to be able to change behavior."

For questions, comments and news tips, email reporter Whitney Woodworth at wmwoodwort@statesmanjournal.com, call 503-399-6884 or follow on Twitter @wmwoodworth

5 takeaways about Oregon's distracted driving laws

1. A 2015 Oregon Court of Appeals ruling has limited what types of cell phone use law enforcement officer can pull over drivers for. Talking on the phone is considered probable cause, but reading on a Kindle is not.

2. The loophole has made it harder for officers to catch distracted drivers. A Lake Oswego officer said the local municipal court saw a 60 percent drop in warnings and citations after the ruling.

3. Citations may be down, but traffic deaths are on the rise. In 2016, 495 people died on Oregon's roads, a 58 percent increase from the 313 deaths in 2013.

4. One bill in the Oregon State Legislature would close the loophole and include any cell phone use while driving. It would also up the fine but include a diversion program for first-time offenders.

5. Another bill would expand the definition of cell phone use and create harsher penalties and fines for all cited for distracted driving.