Oregon Statutes 811.193 – Smoking, aerosolizing or vaporizing in motor vehicle when child is present; penalty
(1)(a) A person commits the offense of smoking, aerosolizing or vaporizing in a motor vehicle if the person smokes or uses an inhalant delivery system in a motor vehicle while a person under 18 years of age is in the motor vehicle.
Terms Used In Oregon Statutes 811.193
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(b) As used in this subsection:
(A) ‘Smokes’ means to inhale, exhale, burn or carry a lighted cigarette, cigar, pipe, weed, plant, regulated narcotic or other combustible substance; and
(B) ‘Uses an inhalant delivery system’ means to use an inhalant delivery system, as defined in ORS § 431A.175, in a manner that creates an aerosol or vapor.
(2) Notwithstanding ORS § 810.410, a police officer may enforce this section only if the police officer has already stopped and detained the driver operating the motor vehicle for a separate traffic violation or other offense.
(3) Smoking, aerosolizing or vaporizing in a motor vehicle is a:
(a) Class D traffic violation for a first offense.
(b) Class C traffic violation for a second or subsequent offense. [2013 c.361 § 2; 2015 c.158 § 12]
811.193 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS Chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.