Wilsonville Spokesman Online

New laws for the New Year

Read up on changes taking effect Jan. 1 to avoid trouble with the law

• By: Amanda Newman  
• Published: 12/30/2009 8:00:00 AM
• Last Updated: 1/5/2010 11:35:00 AM

Hands-free driving
Are you ready to follow the new law? You can be stopped for talking on a cell phone, unless it's a hands-free device.

The new year is about to dawn, and with it a handful of new laws, courtesy of the Oregon State Legislature. Here are some to keep in mind as we head into 2010.
 
Don’t dial and drive
Beginning Friday, drivers will no longer be able to talk on their cell phones in Oregon. House Bill 2377 makes exceptions for hands-free devices, public safety and emergency personnel, employees of certain industries, and some emergency uses. Violating the law, a Class D traffic violation, will be subject to a minimum $142 fine. Drivers under age 18 will still be prohibited from using a mobile device under any circumstances.
 
The bill, sponsored by Reps. Carolyn Tomei (D-Milwaukie) and Sal Esquivel (R-Medford), brings Oregon law in line with that of other West Coast states; California and Washington have similar restrictions.
 
“This is a sensible law that protects proper use of cell phones while driving, but makes it clear that it is a violation of our traffic laws to drive our roads and highways while chatting or texting on your cell phone,” Esquivel said following the bill’s passage. “This is a public safety issue that needed to be addressed.”
 
Buckle up ... both seat belts and helmets
The cell phone restrictions got the spotlight during the 2009 Legislature, but there are a couple other driving laws going into effect Friday.
 
Drivers and passengers under age 16 will be required to wear safety belts/harnesses in moving vehicles in all areas open to the public, including parking lots and recreational areas ... and their parents or guardians will be guilty of a Class D traffic violation ($142 fine) if they don’t. The law was geared at all-terrain vehicles (ATVs), but applies to all Class I and Class II vehicles.
 
Additionally, individuals under age 18 will be required to wear motorcycle helmets when riding Class I, Class II or Class III ATVs not registered with the Department of Motor Vehicles (DMV) on property open to the public. Previously, the law only affected classes I and III.
 
“Basically, laws governing the use of safety restraints by anyone 16 years of age or under in vehicles on roads and highways will now apply to off-road vehicle riding,” John Lane, Oregon Parks and Recreation Department ATV safety education coordinator, said in a press release.
 
Further restriction of underage drinking
Minors are the focus of several new laws going into effect in 2010, including one to limit where they can consume alcohol.
 
Under House Bill 2246, people under age 21 will only be allowed to consume alcohol when it is made available by their parent or guardian within a private residence. The minor must be accompanied by the parent or guardian at the time of the consumption. Previously, parents or guardians could make alcohol available to their children, but the law did not specify where. HB 2246 also makes exceptions for minors consuming alcohol as part of a religious rite or service.
 
The bill was filed at the request of Gov. Ted Kulongoski on behalf of the Oregon Liquor Control Commission.
 
Child labor laws expanded
Beginning Friday, children will be able to work more hours, during a longer segment of the year.
 
House Bill 2826 allows children under age 16 to work 7 a.m. to 7 p.m.; the cutoff time was previously 6 p.m. From June 1 to Labor Day, children can be employed until 9 p.m.
 
Under unchanged provisions of previous law, children under age 16 may not worker more than 10 hours a day or six days a week, unless granted a special permit. Exceptions continue to be made for those employed in agriculture, youth camps or some private residence jobs, or as a newspaper carrier.
 
‘I’d like an estimate, please’
Planning to get some car repairs? New in 2010 is a law to protect vehicle owners by requiring repair shops to prepare cost estimates, including specified information, prior to beginning work.
 
The estimates must describe the general nature of the work and divide the work into separate tasks, giving estimate costs of labor, parts and the total. If the shop plans to dissemble part or all of the vehicle or remove parts, the estimate must also give the total estimate cost of the disassembly and evaluation and a separate estimate of reassembly costs, as well as give a time estimate for the job. If work is estimated to cost more than $200, the shop cannot proceed beyond giving the estimate until the vehicle’s owner gives authorization.
 
House Bill 2268 was filed at the request of Attorney General Hardy Myers for the Department of Justice.
 
Don’t throw away your television
This law is a little older, but also takes effect Friday. Under House Bill 2626 from the 2007 Legislature, covered electronic devices (CEDs) will be banned from landfills. CEDs include TV sets, monitors, computers and laptops. Disposing of CEDs in landfills will be a civil penalty subject to fines. Instead, consumers will need to find qualified e-cycling locations, which municipalities must provide as directed by the bill.
 
For more Oregon bills and laws, visit www.leg.state.or.us/bills_laws. 

Edited Jan. 5, 2010 to correct fine for drivers using cell phones. Although the Oregon Department of Transportation originally reported a $90 fine, the minimum fine set by the state is $142.

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