Amateur Radio Exempt from California's New 'Hands Free' Law:
from
The ARRL Letter, Vol 27, No 10
Website:
http://www.arrl.org/
on
March 14, 2008
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Amateur Radio Exempt from California's New 'Hands Free' Law:
On July
1, the State of California will have new laws on the books to deal with
the use of wireless telephones while driving. There has been some
confusion as to whether California amateurs who operate in their car
will be affected by the new law. According to the California Department
of Motor Vehicle's Web site
http://www.dmv.ca.gov/cellularphonelaws/dl208_03cell_phone.pdf, "the
use of dedicated two-way radios such as walkie-talkies or Citizen Band
(CB) radios is not affected by the new law" for drivers 18 or older.
Source:
The ARRL Letter
Vol. 27, No. 10
March 14, 2008
This article has expired. No more comments may be added.
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Amateur Radio Exempt from California's New 'Hands
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by KG6QKJ on March 17, 2008
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What about nextell? You use that like an HT.
I don't think that using a hands free device on a cell phone is going to help. It is the act of talking and getting upset and not paying attention that is the problem.
When I drive to town, I will get cut off by at least 2 people with phones to their ears and now it seems that I am getting cut off by people with blue tooths in their ears while they are just gabbing away.
When I say cut off, I mean to the point where I have to lay rubber to stop from getting into an accident.
I have yet to get cut off by someone talking on a radio, ham or CB.
73,
Marty
KG6QKJ
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RE: Amateur Radio Exempt from California's New 'Ha
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by KE4MOB on March 17, 2008
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Huh?
Here's the actual text:
23123. (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.
(b) ( ) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.
(c) This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.
(d) This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.
(e) This section does not apply to a person when using a digital two-way radio that utilizes a wireless telephone that operates by depressing a push-to-talk feature and does not require immediate proximity to the ear of the user, and the person is driving one of the following vehicles:
(1) (A) A motor truck, as defined in Section 410, or a truck tractor, as defined in Section 655, that requires either a commercial class A or class B driver’s license to operate.
(B) The exemption under subparagraph (A) does not apply to a person driving a pickup truck, as defined in Section 471.
(2) An implement of husbandry that is listed or described in Chapter 1 (commencing with Section 36000) of Division 16.
(3) A farm vehicle that is exempt from registration and displays an identification plate as specified in Section 5014 and is listed in Section 36101.
(4) A commercial vehicle, as defined in Section 260, that is registered to a farmer and driven by the farmer or an employee of the farmer, and is used in conducting commercial agricultural operations, including, but not limited to, transporting agricultural products, farm machinery, or farm supplies to, or from, a farm.
(5) A tow truck, as defined in Section 615.
(f) This section does not apply to a person driving a schoolbus or transit vehicle that is subject to Section 23125.
(g) This section does not apply to a person while driving a motor vehicle on private property.
(h) This section shall become operative on July 1, 2008, and shall remain in effect only until July 1, 2011, and, as of July 1, 2011, is repealed.
I'm wondering how this doesn't apply to hams. Especially those in cars, since subsection e specifically lists what type of vehicles are exempt......
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RE: Amateur Radio Exempt from California's New 'Ha
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by N4CDB on March 17, 2008
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Well, the FAQ does state:
Q: May I use a dedicated two-way radio while driving?
A: Yes. The use of dedicated two-way radios such as walkie-talkies or Citizen Band (CB) radios is not affected by the new law.
One would assume this would cover amateur radio but I agree, I don't see it in writing. The NJ legislation reads, "For the purposes of this section, an 'electronic communication device' shall not include an amateur radio."
I'm looking into the Senate and House bills that are before the FL legislature now to see what they say. So far I haven't seen any ham-friendly exclusions.
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Amateur Radio Exempt from California's New 'Hands
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by W9GMT on March 22, 2008
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This is an area where science and legislation may be close but not congruent. Talking on the cell phone is probably no more dangerous than keying a microphone. Where there is a problem is in the distraction of dialing or initiating a call or responding using a keypad, etc. These tasks call for both visual and motor attention that divert resources needed to drive a vehicle. This is very different from keying a microphone in a typical mobile rig.
Lets get it right. Using a device in a way that impairs attention is dangerous, and should be made unlawful. This could include changing frequencies using a dial on the radio console as well as a keypad on a cell phone.
Uses that don't impact attention or divert visual or motor resources do not impair driving. Lets leave those uses alone. Nextel phones where the operator is not changing the selection of recipients of the message is not likely to interfere with driving.
It is not the frequency spectrum in which a device works, nor the service to which the device is put, it is simply whether using the device in a way that diverts attention should be the only criterion (or at least the major criterion) in determining whether that USE should be banned.
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Amateur Radio Exempt from California's New 'Hands
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by K1CJS on March 27, 2008
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Parts of the new law specifically targets Nextel type mobile phones when used as a walkie talkie type device. Even though the Q&A on the law says it doesn't affect Amateur and Cb radios, the law doesn't specifically exempt them either. Just wait, an over-zealous LEO will 'interpret' the law to cover two way radios, and there will be tickets issued and cases in court testing it.
Don't forget another important point--the keypad on just about all VHF radio equipment for ham use. Just let a LEO see someone using that keypad for a phone patch--something this law may just cover--and wait for the fallout!
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