ORS Mobile Device Law in Oregon: Fines, Course, and Exemptions

Oregon’s cell phone law while driving prohibits holding or using any mobile electronic device behind the wheel, with a presumptive fine of $265 for a first offense and criminal misdemeanor charges for a third violation within ten years. The rule applies whether your car is moving or stopped at a red light, and it covers phones, tablets, laptops, smartwatches, and GPS units. Drivers 18 and older can use a hands-free setup; drivers under 18 cannot use a device at all.

What Counts as a Violation

Under ORS 811.507, you commit a violation if you hold a mobile electronic device in your hand or use one for any purpose while driving on a public road or premises open to the public. “Driving” includes being temporarily stopped in traffic or at a traffic light. Setting the phone down only when the car is rolling will not keep you legal.¹

The statute defines “mobile electronic device” broadly as any electronic device not permanently installed in the vehicle. If it can send texts, display video, access the internet, or make calls, it counts.¹

Hands-Free Use and What Qualifies

For drivers 18 and older, using a hands-free accessory is an affirmative defense. A hands-free accessory is an attachment or built-in feature that lets you keep both hands on the wheel and requires only a single tap or swipe to activate. Mounting your phone on the dashboard and using voice commands qualifies. Scrolling through a playlist or typing in an address does not.¹

Drivers Under 18

The hands-free defense is only available to drivers who are 18 or older. If you are under 18, there is no legal way to use a mobile electronic device while driving in Oregon. Even a mounted phone with voice activation will not protect a minor from a citation.¹

Fines by Offense Level

Oregon uses a sliding scale that gets steeper with each repeat offense. The dollar figures below are the presumptive fines set by the state’s uniform schedule; judges can impose more, up to the statutory maximum.

First Offense, No Crash

A first violation that does not contribute to a crash is a Class B traffic violation. The presumptive fine is $265.²

First Offense That Contributes to a Crash

If a first offense contributes to a crash, it jumps to a Class A traffic violation with a presumptive fine of $440.³

Second Offense

A second offense is automatically a Class A traffic violation regardless of whether a crash occurs, with the same $440 presumptive fine. The course option described below is no longer available.³

Third or Later Offense Within Ten Years

A third violation within ten years becomes a Class B misdemeanor, punishable by up to six months in jail and a fine of up to $2,500.³⁴ A misdemeanor is a criminal record, and that can affect job applications, professional licensing, and background checks in ways a traffic ticket does not.

The Distracted Driving Avoidance Course

For a first offense that does not involve a crash, the court may suspend your fine if you complete an approved Distracted Driving Avoidance Course and show proof of completion within four months.³

Completing the course suspends only the fine. The violation itself still goes on your driving record and will count as your first offense if you are cited again. The course option is not available for second or later offenses, or for any first offense that contributed to a crash.³

Who Is Exempt

Police officers, firefighters, and emergency medical services providers may use handheld devices while acting within the scope of their employment. The exemption attaches to the professional role, not simply to being inside an emergency vehicle.¹

Several other workers are exempt when using two-way radios specifically:

Utility employees operating a vehicle owned or contracted by a utility company to install, repair, or maintain services like electricity, gas, water, or telecommunications.
People transporting forest products or assisting in logging operations.
School bus drivers using a two-way radio while operating a school bus or school activity vehicle.
Drivers of vehicles wider than the travel lane, vehicles transporting livestock, or vehicles requiring a slow-moving vehicle emblem, when radio use helps them operate safely.

These exemptions cover two-way radios, not smartphones. A school bus driver talking on a handheld cell phone is not covered.¹

Commercial Drivers Face a Second Layer

If you hold a commercial driver’s license, federal rules add restrictions on top of Oregon’s. Under 49 CFR 392.82, no CMV driver may use a handheld mobile phone while driving, including while temporarily stopped in traffic. To qualify as hands-free, you must be able to start, answer, and end a call by pressing a single button without leaving your seated position. Reaching across the cab for a phone is a violation.⁵

A driver can be fined up to $2,750 per violation, and an employer who allows or requires handheld phone use faces fines up to $11,000.⁶

Handheld phone use in a CMV is classified as a serious traffic violation under federal disqualification rules. Two serious violations within three years trigger a minimum 60-day CDL disqualification. Three within three years result in 120 days.⁷

Insurance and Civil Liability

The fine is often the smallest cost. A distracted driving conviction on your driving record signals risk to your auto insurer, and rate increases of 20 to 35 percent are common. Those higher premiums typically last three to five years, so a $265 fine can translate into more than a thousand dollars in added insurance costs.

The consequences get worse if your phone use causes a crash. In Oregon, violating a safety statute can be treated as negligence per se in a civil lawsuit. An injured plaintiff does not have to prove ordinary carelessness; they point to the statutory violation, and the negligence element can be treated as settled. The plaintiff still has to prove the violation caused the injuries, but the driver starts the case in a difficult position. A Class A violation from a crash-related offense makes that record especially damaging in any personal injury claim that follows.

How Enforcement Works

Officers watch for drivers looking down repeatedly, delayed reactions at green lights, drifting between lanes, and the visible glow of a screen. Because the law applies at stops as well as in motion, tickets are commonly written at intersections. You do not need to be swerving on the highway to be cited.

Some departments run targeted enforcement patrols in high-traffic corridors and school zones. Crash investigators also look for evidence of phone use when reconstructing accidents, and phone records can be subpoenaed to establish whether a device was active at the time of a collision. Oregon does not authorize automated camera enforcement for distracted driving; traffic cameras in the state are limited to uses like red-light violations and do not generate phone-use citations.

1
Oregon State Legislature. Oregon Revised Statutes 811.507 – Operating Motor Vehicle While Using Mobile Electronic Device; Exceptions; Penalty
2
Oregon Department of Transportation. ODOT Presumptive Fine Schedule
3
Oregon Department of Transportation. Distracted Driving
4
Oregon Public Law. ORS 161.615 – Maximum Terms of Imprisonment for Misdemeanors
5
eCFR. 49 CFR 392.82 – Using a Hand-Held Mobile Telephone
6
Federal Motor Carrier Safety Administration. New Mobile Phone Restriction Rule for Commercial Motor Vehicle Drivers
7
Federal Motor Carrier Safety Administration. Disqualification of Drivers (383.51)