[Mldxcc] New CA puts mobile ops at risk

[Rick WA6NHC]

Happy New Year!  As usual, there is a flurry of new laws across the 
state and country taking effect as the year changes.  One in particular 
is worrisome for amateur radio (and cabbies, delivery folks, bus 
drivers, truckers... folks that need a radio for their job).

In the strictest sense of the new law (actual text below) it may soon be 
illegal to use a radio while operating a vehicle (passengers can 
though).  The new law takes effect next week.

The law is SO broadly (poorly) written, withOUT the usual exemptions for 
amateur radio that you may get a ticket for using your radio in an 
otherwise legal manner, while driving.  This applies in particular to 
portable (HT) radios since they are hand held and NOT mounted to a 
vehicle.  The only exemption is in section 'e' which isn't us; plus the 
term "emergency service professsional" is also a broad term although 
"authorized emergency vehicle" is defined by the CHP (does not include 
RACES or any other amateur service).

While I am all about safely operating, using a radio while driving 
(except QSY on the fly for a site not already in memory) is not much of 
a distraction any more than having a conversation with others in the 
same vehicle distracts the driver.  It is likely only going to be 
applied IF the officer sees you using the radio and/or you're driving in 
an unsafe manner; why be made an example?

We might be able to get some relief via the ARRL attorney.  Even though 
the ticket amount is tiny ($20, then $50 each time after), I don't wish 
to be a test case.  My suggestion is that extra effort to 'pass the 
attitude test' when stopped by law enforcement (you have about 15 
seconds to impress them; NO arguing, no 'educating').  I have no plans 
to change my habits concerning radio use while driving (my radios are 
mounted).

For what it's worth, the law in Nevada has been in use for some years 
now with similar language; that if a microphone has more than just PTT 
(touch tones, up/down) and has the (ANY) potential of being able to text 
(the cop stopping you won't know); you get the ticket.  I've not heard 
of it applied for other than cell phones (the intended target) but the 
law(s) are not specific and won't likely pass the test in court if cited.

Bluetooth control for PTT is on option but it's challenging since some 
of us also have more than one radio installed; which one talks?  If you 
have multiple PTT on your console, how do you route the audio to the 
proper radio?  [Headsets covering more than one ear are illegal in CA.]  
In the long run, a court challenge or a bill exempting hams is the 
better answer; it's a poorly written law.

Let's hope that common sense is used in the application of this wondrous 
new law, since it's clearly not used by the lawmakers. Welcome to the 
nanny state of California.

HNY,

Rick nhc


Here is the actual text of the new law,  What I highlighted is most 
disturbing:


      SECTION 1.

  Section 23123.5 of the Vehicle Code is repealed.


      SEC. 2.

  Section 23123.5 is added to the Vehicle Code, to read:


            23123.5.

  (a) A person shall not drive a motor vehicle while holding and 
operating a handheld wireless telephone or an _electronic wireless 
communications device_ unless the wireless telephone or _electronic 
wireless communications device_ is specifically designed and configured 
to allow voice-operated and hands-free operation, and it is used in that 
manner while driving.
(b) This section shall not apply to manufacturer-installed systems that 
are embedded in the vehicle.
(c) A handheld wireless telephone or electronic wireless communications 
device may be operated in a manner requiring the use of the driver’s 
hand while the driver is operating the vehicle only if both of the 
following conditions are satisfied:
(1) The handheld wireless telephone or _electronic wireless 
communications device_ is mounted on a vehicle’s windshield in the same 
manner a portable Global Positioning System (GPS) is mounted pursuant to 
paragraph (12) of subdivision (b) of Section 26708 or is mounted on or 
affixed to a vehicle’s dashboard or center console in a manner that does 
not hinder the driver’s view of the road.
(2) The driver’s hand is used to activate or deactivate a feature or 
function of the handheld wireless telephone or _wireless communications 
device_ with the motion of a single swipe or tap of the driver’s finger.
(d) 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.
(e) This section does not apply to an emergency services professional 
using an electronic wireless communications device while operating an 
authorized emergency vehicle, as defined in Section 165, in the course 
and scope of his or her duties.
(f) For the purposes of this section, “electronic wireless 
communications device” includes, but is not limited to, *a broadband 
personal communication device, a specialized mobile radio device, a 
handheld device *or laptop computer with mobile data access, a pager, 
*or a two-way messaging device.*


      SEC. 3.

  No reimbursement is required by this act pursuant to Section 6 of 
Article XIII B of the California Constitution because the only costs 
that may be incurred by a local agency or school district will be 
incurred because this act creates a new crime or infraction, eliminates 
a crime or infraction, or changes the penalty for a crime or infraction, 
within the meaning of Section 17556 of the Government Code, or changes 
the definition of a crime within the meaning of Section 6 of Article 
XIII B of the California Constitution.
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