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Oregon Bans Talking-and-Driving, but Loophole Makes Law Unclear

3:31 pm on January 4, 2010 | Category: Cell Phones, Mobile Devices, Regulation

Effective January 1, the state of Oregon has banned talking on a handheld cell phone while driving a car, and will issue tickets of up to $142 for each offense.

Some critics say the legislation isn’t tough enough, however, due to a wide loophole protecting drivers who are talking on the phone for work-related purposes. The exemption, which was primarily intended to protect taxi drivers, tow truck operators, and delivery drivers, prevents police from issuing a ticket if “operation of the motor vehicle is necessary for the person’s job.”

This, of course, creates a gray area for commuters making work-related calls, and makes it difficult for police to prove that a call was not “necessary” to a person’s employment. This should lead to some interesting cases in Oregon’s traffic courts when citizens of the state begin challenging their tickets.

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