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Section 811.193 - Smoking, aerosolizing or vaporizing in motor vehicle when child is present; penalty.

OR Rev Stat § 811.193 (2019) (N/A)
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(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]

Note: 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.

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