Detail, east Portland photo, courtesy Miles Hochstein / Portland Ground.



For old times' sake
The bojack bumper sticker -- only $1.50!

To order, click here.







Excellent tunes -- free! And on your browser right now. Just click on Radio Bojack!






E-mail us here.

About

This page contains a single entry from the blog posted on January 15, 2010 12:11 PM. The previous post in this blog was Ahora. The next post in this blog is Hang in there -- summer's on its way. Many more can be found on the main index page or by looking through the archives.

Archives

Links

Law and Taxation
How Appealing
TaxProf Blog
Mauled Again
Tax Appellate Blog
A Taxing Matter
TaxVox
Tax.com
Josh Marquis
Native America, Discovered and Conquered
The Yin Blog
Ernie the Attorney
Conglomerate
Above the Law
The Volokh Conspiracy
Going Concern
Bag and Baggage
Wealth Strategies Journal
Jim Hamilton's World of Securities Regulation
myCorporateResource.com
World of Work
The Faculty Lounge
Lowering the Bar
OrCon Law

Hap'nin' Guys
Tony Pierce
Parkway Rest Stop
Utterly Boring.com
Along the Gradyent
Dwight Jaynes
Bob Borden
Dingleberry Gazette
The Red Electric
Iced Borscht
Jeremy Blachman
Dean's Rhetorical Flourish
Straight White Guy
HinesSight
Onfocus
Jalpuna
Beerdrinker.org
As Time Goes By
Dave Wagner
Jeff Selis
Alas, a Blog
Scott Hendison
Sansego
The View Through the Windshield
Appliance Blog
The Bleat

Hap'nin' Gals
My Whim is Law
Lelo in Nopo
Attorney at Large
Linda Kruschke
The Non-Consumer Advocate
10 Steps to Finding Your Happy Place
A Pig of Success
Attorney at Large
Margaret and Helen
Kimberlee Jaynes
Cornelia Seigneur
Mireio
And Sew It Goes
Mile 73
Rainy Day Thoughts
That Black Girl
Posie Gets Cozy
{AE}
Cat Eyes
Rhi in Pink
Althouse
GirlHacker
Ragwaters, Bitters, and Blue Ruin
Frytopia
Rose City Journal
Type Like the Wind

Portland and Oregon
Isaac Laquedem
StumptownBlogger
Rantings of a [Censored] Bus Driver
Jeff Mapes
Vintage Portland
The Portlander
South Waterfront
Amanda Fritz
O City Hall Reporters
Guilty Carnivore
Old Town by Larry Norton
The Alaunt
Bend Blogs
Lost Oregon
Cafe Unknown
Tin Zeroes
David's Oregon Picayune
Mark Nelsen's Weather Blog
Travel Oregon Blog
Portland Daily Photo
Portland Building Ads
Portland Food and Drink.com
Dave Knows Portland
Idaho's Portugal
Alameda Old House History
MLK in Motion
LoveSalem

Retired from Blogging
Various Observations...
The Daily E-Mail
Saving James
Portland Freelancer
Furious Nads (b!X)
Izzle Pfaff
The Grich
Kevin Allman
AboutItAll - Oregon
Lost in the Details
Worldwide Pablo
Tales from the Stump
Whitman Boys
Misterblue
Two Pennies
This Stony Planet
1221 SW 4th
Twisty
I am a Fish
Here Today
What If...?
Superinky Fixations
Pinktalk
Mellow-Drama
The Rural Bus Route
Another Blogger
Mikeyman's Computer Treehouse
Rosenblog
Portland Housing Blog

Wonderfully Wacky
Dave Barry
Borowitz Report
Blort
Stuff White People Like
Worst of the Web

Valuable Time-Wasters
My Gallery of Jacks
Litterbox, On the Prowl
Litterbox, Bag of Bones
Litterbox, Scratch
Maukie
Ride That Donkey
Singin' Horses
Rally Monkey
Simon Swears
Strong Bad's E-mail

Oregon News
KGW-TV
The Oregonian
Portland Tribune
KOIN
Willamette Week
KATU
The Sentinel
Southeast Examiner
Northwest Examiner
Sellwood Bee
Mid-County Memo
Vancouver Voice
Eugene Register-Guard
OPB
Topix.net - Portland
Salem Statesman-Journal
Oregon Capitol News
Portland Business Journal
Daily Journal of Commerce
Oregon Business
KPTV
Portland Info Net
McMinnville News Register
Lake Oswego Review
The Daily Astorian
Bend Bulletin
Corvallis Gazette-Times
Roseburg News-Review
Medford Mail-Tribune
Ashland Daily Tidings
Newport News-Times
Albany Democrat-Herald
The Eugene Weekly
Portland IndyMedia
The Columbian

Music-Related
The Beatles
Bruce Springsteen
Seal
Sting
Joni Mitchell
Ella Fitzgerald
Steve Earle
Joe Ely
Stevie Wonder
Lou Rawls

E-mail, Feeds, 'n' Stuff

Friday, January 15, 2010

Turn on, but don't tune in

We had a pretty good discussion here yesterday about what the new Oregon cell phone driving law actually prohibits. "Using" a "mobile communication device" (including a cell phone) in any way while operating a motor vehicle is a violation, unless one of the exceptions applies. That would appear to include reading e-mail, checking sports scores, and using Shazam to identify that cool song on the car radio. Moreover, it appears that one is "operating" a vehicle if the ride is turned on and the driver is behind the wheel, even if it's just sitting at a long stop light.

However, it appears that merely turning the phone on or off, or turning any of its features on or off, does not constitute "using" it for purposes of this law. And so if you need an excuse, you might try, "Your honor, I was just turning the ringer off," and see how you do. Good luck with that.

An interesting question is whether using one of the local programs on a phone, which requires no internet communication, is an impermissible "use." My bet would be that it is, but that would seemingly discriminate between the address book on an old-fashioned Palm Pilot (which I think would be legal, because that's not a communication device, is it?) and the same data on a smart phone. If you're looking at your calendar on Google calendar, you're in trouble. But if it's just on your creaky old PDA, with no phone in it, you very well might be all right; that would be just like looking at a paper Filofax (remember those?). So stand by with, "Officer, it's not a phone -- trust me!"

Here's how the law reads, according to the official state legislature website:

811.507. (1) As used in this section:
(a) “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.

(b) “Mobile communication device” means a text messaging device or a wireless, two-way communication device designed to receive and transmit voice or text communication.

(2) 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.

(3) This section does not apply:

(a) To a person who is summoning medical or other emergency help if no other person in the vehicle is capable of summoning help;

(b) To a person using a mobile communication device for the purpose of farming or agricultural operations;

(c) To a person operating an ambulance or emergency vehicle;

(d) To a person 18 years of age or older who is using a hands-free accessory;

(e) To a person operating a motor vehicle while providing public safety services or emergency services as a volunteer;

(f) To 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;

(g) To 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;

(h) To a person activating or deactivating the mobile communication device or a function of the device;

(i) To 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;

(j) To 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;
or

(k) To a person using a function of the mobile communication device that allows for only one-way voice communication while the person is:

(A) Operating a motor vehicle in the scope of the person's employment;

(B) Providing transit services to persons with disabilities or to senior citizens; or

(C) Participating in public safety or emergency service activities.

(4) The offense described in this section, operating a motor vehicle while using a mobile communication device, is a Class D traffic violation.

Have fun on the loophole hunt, everybody.

Comments (24)

(3) This section does not apply:

(d) To a person 18 years of age or older who is using a hands-free accessory

May I text as long as I have a Bluetooth thing in my ear? May I text as long as I'm talking with someone while I have a Bluetooth thing in my ear? It seems that Bluetooth is the $30 get out of jail free card.

Nextel direct connect.

One thing I need to know about the new law is what constitutes a "motor vehicle." I would think it obviously would be a vehicle with a motor, such as a car, truck or motorcycle. In that case, I would still be free to talk on my phone while riding my bike, right?

On the other hand, bicyclists have to generally follow the the same rules of the road as cars--though there are exceptions, such as riding on sidewalks outside of downtown.

So what's the scoop on this?

I guess if you are a long haul truck driver you could not only use a cell phone in one hand and use the CB in the other with immunity.

Does not seem to apply to bicycle riders at all. And one of two things seems possible: either (a) the hands-free accessory lets you do anything with it, or (b) you can't use your GPS or map accessory without pulling over and stopping.

The iPhone and ipod touch are virtually identical, with the exception that the iPhone has a wireless modem built in. From the exterior, it would be impossible to tell the difference.

Id like to try the ipod excuse when caught texting: "officer, I was changing the song on my ipod."

This "exemption" is kind of interesting too:

(h) To a person activating or deactivating the mobile communication device or a function of the device;

As I say, just turning the phone or one of its features on or off is legal.

May I text as long as I'm talking with someone while I have a Bluetooth thing in my ear?

I have to say, the text of the law just seems horribly, horribly vague and disjointed to me. I definitely would have added in explicit coverage for bicycles. I would definitely have left off "motor" when discussing vehicles because of this:

Oregon Revised Statutes (ORS) Pertaining to Bicycles

814.400 Application of vehicle laws to bicycles.

(1) Every person riding a bicycle upon a public way is subject to the provisions applicable to and has the same rights and duties as the driver of any other vehicle concerning operating on highways, vehicle equipment and abandoned vehicles, except:

(a) Those provisions which by their very nature can have no application.
(b) When otherwise specifically provided under the vehicle code.
(2) Subject to the provisions of subsection (1) of this section:

(a) A bicycle is a vehicle for purposes of the vehicle code; and
(b) When the term “vehicle” is used the term shall be deemed to be applicable to bicycles.

With regard to Bluetooth devices, you'd think that their invocation that "allows a person to maintain both hands on the steering wheel" would have been a good place to stop but then they muddied it completely with subsequent rules.

(g) Bumper sticker: "Realtor On Board -- (keep a safe distance)"

It SHOULD apply to bike riders too.

Saw someone the other day riding a bike with an ipod in one ear (saw the other ear bud dangling), and a cell phone up to his other ear, only one hand on his bike, and a ginormous backpack on his back. It's like watching Darwinism on two wheels...

Jack ... Would I be correct in assuming that under 811.507(3)(g) that a kid delivering pizzas could be texting all the way to and back from his deliveries without having to worry about being given a ticket?

Not only the pizza — your taxi driver can text until he kills you both.

Not only the pizza — your taxi driver can text until he kills you both.

We've been using dash-mounted MDTs for many years now...similar to what the cops have but simpler. Still have to track people down on their cell phones though, especially late at night when they are wasted.

Personally, I prefer to dial their numbers while I'm stopped at a light, then do the talking as I'd rolling up to the address. No sense trying to text your customers, it's too time consuming.

Thanks for the post Darrelplant. I was going to look it up and post it myself, but no need to anymore.

Here is what I do not get about bicyclists. Most people I know who use bicycles as their primary mode of transportation tend to have a Bachelor's degree or higher in proportion to the general population.

If, it is true that on average, bicyclists tend to be higher educated than the general populace, then why is there a visible segment of bicyclists who behave in a manner as if the laws governing motor vehicles AKA automobiles, bicycles, and on, do not apply to their primary mode of transportation?

Wouldn't it imply a fundamental stupidity on their part if they do not even know if a bicycle is a "motor vehicle" under State law?

(h) To a person activating or deactivating the mobile communication device or a function of the device;

Now, the word "activating" has a range of interpretation. Simply turning it on doesn't really activate a cell phone, but dialing a number does, because then it puts the phone to its true purpose in life, which is to be a communication device, not a an on-off device.

Depends what the meaning of the active word is, is.

If, it is true that on average, bicyclists tend to be higher educated than the general populace, then why is there a visible segment of bicyclists who behave in a manner as if the laws governing motor vehicles AKA automobiles, bicycles, and on, do not apply to their primary mode of transportation?

Subject drift, but it's an interesting question, one I've also given some thought to. At some level, the people riding bicycles are the same as those driving cars — even, at different times, the same people. So it's likely not the people, but either the bicycles or the laws, or a combination of them, that produce this effect (there's no reason to deny that it happens). From my own experience, I know how easy it is to get the idea, when on a bicycle, that when I respect a stop sign by actually stopping, I not only expend more effort (usually, in my mind, a good thing), but also increase the amount of time I'm at or in the intersection, have less maneuverability stopped or starting up than when the bike is moving, present more of an obstruction for other traffic and therefore am more vulnerable to hazard from other traffic. So, traffic permitting, sometimes I don't fully stop. It's an idea that would come to pretty much anyone who's on a bicycle.

Now, the word "activating" has a range of interpretation. Simply turning it on doesn't really activate a cell phone, but dialing a number does, because then it puts the phone to its true purpose in life, which is to be a communication device, not a an on-off device.

Great point! So you're allowed to pick it up and dial a number?

A cell phone that's on is "activated" much the way a motor vehicle stopped at a red light is "operated".

Is using your speaker phone on the cell considered hands free? Most of them do have that option.

Think I'm covered, have a company supplied cell and get paid a fixed monthly amount to use my vehicle for work.

Matt Richtel in the NYT today ("Forget Gum. Walking and Using Phone Is Risky") calls attention to the danger pedestrians pose to themselves. Perhaps, in addition to application to bicyclists, the law should be expanded to prohibit cellphone usage while doing anything else on a public thoroughfare.

It has already been noted in this forum that Darwin's hypothesis regarding natural selection might be the only regulation required for cyclists: the commenter had recently observed a cyclist collide with a tree while chatting on a cellphone. Yet natural selection is a slow process -- far too sluggish to avoid litigation (civil or criminal) for a motor vehicle driver who might have been doing nothing beyond being in the wrong place at the wrong time to contribute to a cyclist's fatality.

Perhaps we have reached a moment in urban occupation when licenses, including tests, should be required to traverse a public thoroughfare by any means.

If an iPhone is in airplane mode, is it even a "mobile communication device" at that point?

Interesting article in the NY Times today about how it's also dangerous to walk and text:

FORGET GUM: WALKING AND USING PHONE IS RISKY
http://www.nytimes.com/2010/01/17/technology/17distracted.html

(h) "To a person activating or deactivating the mobile communication device OR A FUNCTION OF THE DEVICE."

Isn't dialing a number a function of the device?

Where are the English majors when these laws get crafted? Do they have any?


Sponsors


As a lawyer/blogger, I get
to be a member of:

In Vino Veritas

Kendall-Jackson, Pinot Noir, California 2013
Beaulieu, Cabernet, Napa Valley 2013
Erath, Pinot Noir, Estate Selection 2012
Abbot's Table, Columbia Valley 2014
Intrinsic, Cabernet 2014
Oyster Bay, Pinot Noir 2010
Occhipinti, SP68 Bianco 2014
Layer Cake, Shiraz 2013
Desert Wind, Ruah 2011
WillaKenzie, Pinot Gris 2014
Abacela, Fiesta Tempranillo 2013
Des Amis, Rose 2014
Dunham, Trautina 2012
RoxyAnn, Claret 2012
Del Ri, Claret 2012
Stoppa, Emilia, Red 2004
Primarius, Pinot Noir 2013
Domaines Bunan, Bandol Rose 2015
Albero, Bobal Rose 2015
Deer Creek, Pinot Gris 2015
Beaulieu, Rutherford Cabernet 2013
Archery Summit, Vireton Pinot Gris 2014
King Estate, Pinot Gris, Backbone 2014
Oberon, Napa Cabernet 2013
Apaltagua, Envero Carmenere Gran Reserva 2013
Chateau des Arnauds, Cuvee des Capucins 2012
Nine Hats, Red 2013
Benziger, Cabernet, Sonoma 2012
Roxy Ann, Claret 2012
Januik, Merlot 2012
Conundrum, White 2013
St. Francis, Sonoma Cabernet 2012
Villa Antinori, Toscana 2012
Decoy, Cabernet, Sonoma 2013
Marqués de Murrieta, Reserva Rioja 2010
Kendall-Jackson, Grand Reserve Cabernet 2009
Seven Hills, Merlot 2013
Los Vascos, Grande Reserve Cabernet 2011
Abbot's Table, Columbia Valley 2014
Forlorn Hope, St. Laurent, Ost-Intrigen 2013
Upper Five, Tempranillo 2010 and 2012
The Four Graces, Pinot Gris 2015
Topsail, Syrah 2013
Jim Barry, The Lodge Hill Shiraz 2013
Robert Mondavi, Cabernet, Napa Valley 2012
Adelsheim, Pinot Gris 2014
Boomtown, Cabernet 2013
Boulay, Sauvignon Blanc 2014
Domaine de Durban Muscat 2011
Patricia Green, Estate Pinot Noir 2012
Crios, Cabernet, Mendoza 2011
WillaKenzie, Pinot Gris 2014
Dehesa la Granja, Tempranillo 2008
Abacela, Vintner's Blend #15
Selvapiana, Chianti Ruffina 2012
Joseph Carr, Cabernet 2012
Prendo, Pinot Grigio, Vigneti Delle Dolomiti 2014
Joel Gott, Oregon Pinot Gris 2014
Otazu, Red 2010
Chehalem, Pinot Gris, Three Vineyards 2013
Wente, Merlot, Sandstone 2011
Abacela, Fiesta Tempranillo 2012
Monmousseau, Vouvray 2014
Duriguttti, Malbec 2013
Ruby, Pinot Noir 2012
Castellare, Chianti 2013
Lugana, San Benedetto 2013
Canoe Ridge, Cabernet, Horse Heaven Hills 2011
Arcangelo, Negroamaro Rosato
Vale do Bomfim, Douro 2012
Portuga, Branco 2013
Taylor Fladgate, Late Bottled Vintage Porto 2009
Pete's Mountain, Pinot Noir, Kristina's Reserve 2010
Rodney Strong, Cabernet, Sonoma 2012
Bookwalter, Subplot No. 28, 2012
Coppola, Sofia, Rose 2014
Kirkland, Napa Cabernet 2012
Trader Joe's Grand Reserve, Napa Meritage 2011
Kramer, Chardonnay Estate 2012
Forlorn Hope, Que Saudade 2013
Ramos, Premium Tinto, Alentejano 2012
Trader Joe's Grand Reserve, Rutherford Cabernet 2012
Bottego Vinaia, Pinot Grigio Trentino 2013
Villa Antinori, Toscana 2011
Pete's Mountain, Elijah's Reserve Cabernet, 2007
Beaulieu, George Latour Cabernet 1998
Januik, Merlot 2011
Torricino, Campania Falanghina 2013
Edmunds St. John, Heart of Gold 2012
Chloe, Pinot Grigio, Valdadige 2013
Edmunds St. John, Bone-Jolly Gamay Noir 2013
Kirkland, Pinot Grigio, Friuli 2013
St. Francis, Red Splash 2011
Rodney Strong, Canernet, Alexander Valley 2011
Erath, Pinot Blanc 2013
Taylor Fladgate, Porto 2007
Portuga, Rose 2013
Domaine Digioia-Royer, Chambolle-Musigny, Vielles Vignes Les Premieres 2008
Locations, F Red Blend
El Perro Verde, Rueda 2013
Chateau Ste. Michelle, Indian Wells Red 2010
Chloe, Pinot Grigio, Valdadige 2013
Edmunds St. John, Bone-Jolly Gamay Noir 2013
Kirkland, Pinot Grigio, Friuli 2013
St. Francis, Red Splash 2011
Rodney Strong, Canernet, Alexander Valley 2011
Erath, Pinot Blanc 2013
Taylor Fladgate, Porto 2007
Portuga, Rose 2013

The Occasional Book

Richard Adams - Watership Down
Claire Vaye Watkins - Gold Fame Citrus
Markus Zusak - I am the Messenger
Anthony Doerr - All the Light We Cannot See
James Joyce - Dubliners
Cheryl Strayed - Torch
William Golding - Lord of the Flies
Saul Bellow - Mister Sammler's Planet
Phil Stanford - White House Call Girl
John Kaplan & Jon R. Waltz - The Trial of Jack Ruby
Kent Haruf - Eventide
David Halberstam - Summer of '49
Norman Mailer - The Naked and the Dead
Maria Dermoȗt - The Ten Thousand Things
William Faulkner - As I Lay Dying
Markus Zusak - The Book Thief
Christopher Buckley - Thank You for Smoking
William Shakespeare - Othello
Joseph Conrad - Heart of Darkness
Bill Bryson - A Short History of Nearly Everything
Cheryl Strayed - Tiny Beautiful Things
Sara Varon - Bake Sale
Stephen King - 11/22/63
Paul Goldstein - Errors and Omissions
Mark Twain - A Connecticut Yankee in King Arthur's Court
Steve Martin - Born Standing Up: A Comic's Life
Beverly Cleary - A Girl from Yamhill, a Memoir
Kent Haruf - Plainsong
Hope Larson - A Wrinkle in Time, the Graphic Novel
Rudyard Kipling - Kim
Peter Ames Carlin - Bruce
Fran Cannon Slayton - When the Whistle Blows
Neil Young - Waging Heavy Peace
Mark Bego - Aretha Franklin, the Queen of Soul (2012 ed.)
Jenny Lawson - Let's Pretend This Never Happened
J.D. Salinger - Franny and Zooey
Charles Dickens - A Christmas Carol
Timothy Egan - The Big Burn
Deborah Eisenberg - Transactions in a Foreign Currency
Kurt Vonnegut Jr. - Slaughterhouse Five
Kathryn Lance - Pandora's Genes
Cheryl Strayed - Wild
Fyodor Dostoyevsky - The Brothers Karamazov
Jack London - The House of Pride, and Other Tales of Hawaii
Jack Walker - The Extraordinary Rendition of Vincent Dellamaria
Colum McCann - Let the Great World Spin
Niccolò Machiavelli - The Prince
Harper Lee - To Kill a Mockingbird
Emma McLaughlin & Nicola Kraus - The Nanny Diaries
Brian Selznick - The Invention of Hugo Cabret
Sharon Creech - Walk Two Moons
Keith Richards - Life
F. Sionil Jose - Dusk
Natalie Babbitt - Tuck Everlasting
Justin Halpern - S#*t My Dad Says
Mark Herrmann - The Curmudgeon's Guide to Practicing Law
Barry Glassner - The Gospel of Food
Phil Stanford - The Peyton-Allan Files
Jesse Katz - The Opposite Field
Evelyn Waugh - Brideshead Revisited
J.K. Rowling - Harry Potter and the Sorcerer's Stone
David Sedaris - Holidays on Ice
Donald Miller - A Million Miles in a Thousand Years
Mitch Albom - Have a Little Faith
C.S. Lewis - The Magician's Nephew
F. Scott Fitzgerald - The Great Gatsby
William Shakespeare - A Midsummer Night's Dream
Ivan Doig - Bucking the Sun
Penda Diakité - I Lost My Tooth in Africa
Grace Lin - The Year of the Rat
Oscar Hijuelos - Mr. Ives' Christmas
Madeline L'Engle - A Wrinkle in Time
Steven Hart - The Last Three Miles
David Sedaris - Me Talk Pretty One Day
Karen Armstrong - The Spiral Staircase
Charles Larson - The Portland Murders
Adrian Wojnarowski - The Miracle of St. Anthony
William H. Colby - Long Goodbye
Steven D. Stark - Meet the Beatles
Phil Stanford - Portland Confidential
Rick Moody - Garden State
Jonathan Schwartz - All in Good Time
David Sedaris - Dress Your Family in Corduroy and Denim
Anthony Holden - Big Deal
Robert J. Spitzer - The Spirit of Leadership
James McManus - Positively Fifth Street
Jeff Noon - Vurt

Road Work

Miles run year to date: 125
At this date last year: 173
Total run in 2015: 271
In 2014: 401
In 2013: 257
In 2012: 129
In 2011: 113
In 2010: 125
In 2009: 67
In 2008: 28
In 2007: 113
In 2006: 100
In 2005: 149
In 2004: 204
In 2003: 269


Clicky Web Analytics