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What you need to know about Oregon’s new distracted driving law
Oregon’s distracted driving law, often called the “touch law” or “no-touch law,” prohibits drivers from holding or touching a phone or mobile device for almost any function while driving. The law has been in effect since October 2017, and Oregon courts and law enforcement continue to actively enforce it.
Prior to this law, Oregon statute contained a loophole that banned drivers from texting and talking on a phone while driving, but did not address using other functions of a phone. This law is designed to crack down on using navigation applications, scrolling through social media, checking email and playing games on a mobile device while driving.
Contact our car accident lawyer today at 503-222-6333 to discuss your case and learn how we can help you.
Key Takeaways
- Oregon’s distracted driving law bans holding or touching a phone for any function while driving, closing the old loophole that only covered texting and talking.
- Drivers are limited to a single swipe or touch to operate a device, and drivers 17 or younger cannot use a mobile device at all, even hands-free.
- The hands-free rule still applies when stopped at a red light or train crossing, with an exception only for calling 911 in an emergency.
- Penalties escalate with repeat violations, starting at a minimum $260 fine and rising to potential jail time and a $2,500 fine for a third offense within 10 years.
What Does Oregon’s Touch Law Actually Prohibit?
The new law limits drivers to one swipe or touch to control phone functions. Drivers 17 or younger cannot use mobile devices at all, even hands-free.
Are There Any Exceptions? (maps, music, 911, under-18 rule)
Drivers can continue to use map and music applications under the new law, but should keep both hands on the wheel while using them. That means that if you need to type in an address or search for a new music station, you will need to pull over or park to do so.
What Happens If You’re Stopped at a Red Light or Train Crossing?
The law does apply to when drivers are stopped at a red light or train crossing. In these situations, drivers must maintain hands-free use of their phones.
If there is an emergency situation, drivers may call 911 if no one else in the car is able to do so.
Penalties for Violating Oregon’s Touch Law
First-time violators of Oregon’s new distracted driving law will be fined a minimum of $260 and up to $1,000. After a second offense, or if the first offense contributes to a crash, drivers will be fined at least $435. A third violation within 10 years could result in six months in jail and a fine of up to $2,500. First-time offenders will have the opportunity to waive the fine in exchange for completing a distracted driving avoidance class but the violation will remain on the driver’s record.
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Taking your eyes off the road for just a few seconds can have serious consequences. According to the National Highway Traffic Safety Administration, in the time it takes to send or read one text message, a car traveling at 55 miles per hour will cross the length of an entire football field.
Each year in Oregon, distracted driving causes about 11 deaths and over 2,800 injuries, according to the Oregon Department of Transportation.
If a distracted driver caused your accident, that violation can be powerful evidence in your injury claim. Contact D’Amore Law Group for a free case evaluation to discuss what happened and what you may be owed.
