If a minor set up (for example) Google Maps voice navigation while parked, then started driving (listening to the phone's instructions), then parked at the destination and turned the navigation off, would he be breaking any laws? Does "using" a device require interacting with it while driving? If I'm reading the relevant law (ORS 811.507) correctly, if merely listening to a device that was already configured constituted using it, an adult could only listen to a radio if it could be controlled by voice.
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1ORS 811.507 oregon.public.law/statutes/ors_811.507– SomeoneCommented May 5, 2022 at 15:18
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1Do you think it matters whether the person is a minor?– gnasher729Commented May 5, 2022 at 15:31
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2Yes. "It is an affirmative defense to a prosecution of a person under this section that the person: ... Was 18 years of age or older and was using a hands-free accessory;"– SomeoneCommented May 5, 2022 at 15:36
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1Does this answer your question? law.stackexchange.com/questions/21150/…– Michael HallCommented May 6, 2022 at 22:07
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1@Someone: That is really interesting. So it seems that they trust people above 18 to drive with a hands free handset safely, but not 16 year olds. I wonder if there are other things that a 16 year old with a driving license cannot do, and an 18 year old can.– gnasher729Commented May 7, 2022 at 9:45
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1 Answer
Listening to navigation instructions coming from a phone would meet the definition of:
(1)(e) “Using a mobile electronic device” includes but is not limited to using a mobile electronic device for text messaging, voice communication, entertainment, navigation, accessing the Internet or producing electronic mail.
The next section goes on to say that:
(2) A person commits the offense of driving a motor vehicle while using a mobile electronic device if the person, while driving a motor vehicle on a highway or premises open to the public:
(b) Uses a mobile electronic device for any purpose.
Later in section (4) it states "It is an affirmative defense to a prosecution of a person under this section that the person:"
(b) Was 18 years of age or older and was using a hands-free accessory;
Since your minor in question was using a portable electronic device for navigation, and due to their age cannot exercise the "hands-free" defense, it is logical to conclude that your scenario would be a violation of this statute.
Silly as it might seem, this apparently wouldn't preclude them from interacting with a permanently installed navigation unit while driving unless it was observed to be causing a distraction since (1)(d)(A) states:
“Mobile electronic device” means an electronic device that is not permanently installed in a motor vehicle.
answered May 6, 2022 at 22:45
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1If I buy an phone and permanently mount it in the vehicle (so it could be considered an aftermarket modification instead of a separate device), would it be legal to use it for navigation?– SomeoneCommented May 6, 2022 at 22:58
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1I get the intent to keep teens from texting while driving, but would you rather they listen and follow directions on a dashboard phone, or use a paper map?! Commented May 6, 2022 at 23:16
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1Well, nothing is really permanent. Easy enough to change your car stereo for example. (even engines can be replaced) I say just use your best judgement. They can't legislate common sense, nor do we want them to... Commented May 7, 2022 at 1:18