Set a reminder on your phone now if you're not behind the wheel: Oregon's new distracted driving law takes effect Oct. 1.
With it comes a stricter ban on cellphone use while driving and higher fines, which escalate for repeat offenders.
House Bill 2597, passed by the Legislature and signed by the governor earlier this year, corrects a glaring loophole in Oregon's hands-free law.
The earlier version, enacted in 2009, required drivers to use a hands-free device to make phone calls and banned texting while driving. But according to some interpretations -- most importantly that of the Oregon Court of Appeals -- it left drivers free to play Angry Birds or program a navigation app while driving, as long as they weren't calling or texting.
The new law prohibits drivers from using any function of the phone that requires holding or touching.
Drivers may activate or deactivate a function on the phone, but the Oregon Department of Transportation said that should be limited to a single touch or swipe.
Q: Can I use a navigation app or play music while driving?
A: The new law specifically calls out uses like texting, phone calls, email and yes, entertainment and navigation.
But that doesn't mean navigation or music apps are forbidden -- just that drivers be able to use them while, for the most part, keeping both hands on the wheel.
You may touch the device once, for example, to activate a preprogrammed route, or to end navigation prompts once you've found your way. (Holding the phone is a no-no, so you should be able to activate that function with one hand.)
"You're still maintaining your requirement to be hands-free," said Oregon State Police Sgt. Michael Berland, a patrol sergeant in the agency's Bend Area Command. "That's something that no trooper's ever going to write a citation for."
But if you need to type in an address or intersection, you'll have to pull over or park.
The law doesn't require that the device's screen be turned off.
Q: When am I allowed to use my phone? Does the car have to be turned off?
A: The car doesn't need to be turned off, but it must be parked safely. That means stopped by the side of the road or in a parking spot.
But being stopped at a red light, a stop sign or in traffic doesn't count.
Q: What about calling 911 in an emergency?
A: Drivers may use their cellphone to call 911 or otherwise summon emergency help, but only if no one else in the car was capable of doing it.
Likewise, emergency responders can use their cellphones when responding to an emergency call, including in personal vehicles.
Q: What about other devices?
A: The law applies to mobile electronic devices of all stripes, including cellphones, tablets, laptops and GPS units.
Permanently mounted or bolted-on electronic devices are exempted. Also, licensed amateur radio operators over the age of 18 are allowed to use ham radios.
Q: What happens if I get caught violating the law?
A: For starters, there's a bigger fine. Under the previous law, the presumptive fine was $160, with no escalation for repeat offenders.
But come Oct. 1, a first offense comes with a presumptive fine of $260. A second offense, or a first offense that contributes to a crash, comes with a presumptive fine of $435, while a third violation within 10 years could be a misdemeanor with six months of jail time and a fine of up to $2,500.
"It's really speaking clearly on how seriously they take distracted driving," Berland said.
Q: Can I take a class to remove the violation from my driving record?
A: Starting in January, judges will have the option of waiving the fine for first-time offenders who complete a Distracted Driving Avoidance class. The violation, however, will stay on the driver's record.
Q: What if I'm under 18?
A: While drivers are who are 18 and over may use a hands-free device with their mobile electronics, that exemption isn't extended to drivers who are 17 or younger.
-- Elliot Njus
enjus@oregonian.com
503-294-5034
@enjus