House Bill 2377 stipulates that a person commits the offense of operating a motor vehicle while using a mobile communication device if the person, while operating a motor vehicle on a highway, uses a mobile communication device.

HB 2377 includes the following exceptions to the traffic offense of operating a motor vehicle while using a mobile communication device for:

• A person who is summoning medical or other emergency help if no other person in the vehicle is capable of summoning help;
• A person using a mobile communication device for the purpose of farming or agricultural operations;
• A person operating an ambulance or emergency vehicle;
• A person 18 years of age or older who is using a hands-free accessory;
• A person operating a motor vehicle while providing public safety services or emergency services as a volunteer;
• A person operating a motor vehicle while acting in the scope of the person’s employment as a public safety officer, as defined in ORS 348.270;
• A person operating a motor vehicle in the scope of the person’s employment if operation of the motor vehicle is necessary for the person’s job;
• A person activating or deactivating the mobile communication device or a function of the device;
• 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;
• 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;
• A person using a function of the mobile communication device that allows for only one-way voice communication while the person is operating a motor vehicle in the scope of the person’s employment;
• A person providing transit services to persons with disabilities or to senior citizens;

"Mobile communication device" means a text messaging device or a wireless, two-way communication device designed to receive and transmit voice or text communication.

"Hands-free accessory" means an attachment or built-in feature for or an addition to a mobile communication device, whether or not permanently installed in a motor vehicle, that when used allows a person to maintain both hands on the steering wheel.

HB 2377 establishes that the offense of operating a motor vehicle while using a mobile communication device is a Class D traffic violation punishable by a fine of $142. HB 2377 designates the violation as a primary offense, meaning that a police officer may stop a driver solely for using a cell phone without using a hands-free accessory.