1. (1)

   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.

   2. (b) As used in this subsection:

      1. (A) “Smokes” means to inhale, exhale, burn or carry a lighted cigarette, cigar, pipe, weed, plant, regulated narcotic or other combustible substance; and
      2. (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. (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. (3) Smoking, aerosolizing or vaporizing in a motor vehicle is a:

   1. (a) Class D traffic violation for a first offense.
   2. (b) Class C traffic violation for a second or subsequent offense.

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.

[2013 c.361 §2; 2015 c.158 §12]