PORTLAND, Oregon — Oregon has cracked down on distracted driving with a series of legislative updates to the state's driving laws since 2010, and the state is now known for having some of the toughest first-time penalties for texting or other phone use behind the wheel, according to a study from TrafficTickets.com.
And with good reason — from 2016 to 2020, Oregon saw 1,237 crashes where the drivers were reportedly using their cell phones at the time, causing 24 deaths and 1,824 injuries, according to the Oregon Department of Transportation. The state convicted 59,074 people for using mobile electronic devices while driving during that same five-year time period.
But what if the car isn't moving? It's all too common to spot drivers taking a quick look at the screen or firing off a text when they're waiting at a red light or trapped in stop-and-go traffic. But does Oregon law actually have an exception for those situations, or are those drivers running the same risk as anyone else who pulls out their phone while driving?
THE QUESTION
Can a driver in Oregon use their cellphone if the car is stopped at a red light?
THE SOURCES
THE ANSWER
No, drivers in Oregon may not hold their phones at any time while driving. It's only legal to use a cell phone if it's in hands-free mode or has a hands-free accessory, even when stopped in traffic or at a red light.
WHAT WE FOUND
Driving a motor vehicle while using an electronic device is a Class B traffic violation in Oregon, and state law explicitly defines the word driving to include "while temporarily stationary because of traffic, a traffic control devices or other momentary delays." It also specifies that "using an electronic device" includes texting and all other cellphone functions.
Multiple state and local agencies specifically mention that there is no exception for red lights, including the Oregon Department of Transportation and the Clackamas County Sheriff's Office. The person in the driver's seat can only pick up and use their phone when they are no longer legally considered to be driving, which means the car is in a parking space or pulled off the road and can safely remain stationary.
A driver can violate the rule even if they don't physically pick up the phone, because the law also prohibits "using a mobile electronic device for any purpose" while driving — so typing a message at a red light is still illegal even if the phone is on a dashboard mount or the passenger seat rather than in the driver's hand.
The 2018 update to the law hiked the penalties for violators, raising the maximum fines to $1,000 for the first offense and $2,000 for the second if it occurs less than 10 years after the first. A third offense in 10 years becomes a Class B misdemeanor with a $2,500 fine and possible 6-month jail sentence. The fine for a first-time violation can be waived if the violation didn't contribute to a crash and the offender completes a distracted driving avoidance course.
Oregon law does allow drivers to use their phones for calls and GPS if they have a hands-free accessory or mode that allows them to keep both hands on the wheel. The 2018 update also clarified that drivers may only touch the phone screen if the action requires "minimal use of a finger, via a swipe or tap, to activate or deactivate a function of the device."
The hands-free accessory exception doesn't apply to minors — drivers under 18 may not use cell phones at all, and multiple agencies including the Deschutes County Sheriff's Office and the Newberg-Dundee Police Department mention the age rule in publications about cell phone use.
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