[Mldxcc] Calif Hands-Free Regulation AB-1785

[Rick WA6NHC]

Thank you for the words of support.  I suspect we are the minority from 
our training; there is a running discussion off list with those that 
disagree.  Besides fire training, I am also a pilot, I'm trained in LE 
skills and I walk amongst the wildlife so having a situational awareness 
at all times is second nature to me (no pun intended).  ANY of those 
environs can kill, quickly should you get distracted (bears and moose 
are just as quick as a speeding car and they can INTEND to cause you 
harm).  Apparently I'm adequate at this skill, I'm still here and mostly 
intact.  As I age, I've noted that it takes more effort, so I've 
adjusted. That means I put the mike down in traffic and turn the music 
down.  Working DX is for the open road and no traffic.

Like Jim said about flying; when the fan quits FLY the aircraft THEN 
figure out a direction to go (where to land) THEN issue your mayday IF 
you have time (it involves changing frequencies if you're not in 
controlled airspace) but FLY first.  The same is true in driving, 
control the vehicle FIRST, avoid making it worse, then get off the road 
if unable to continue, then call for help.

I submit that it is impossible for any human to single task; there is 
always something running in the background (the destination, personal 
issues, job, home life...).  Understanding the limits of ones ability is 
crucial.  The state has presumed to know better because of the lowest 
common denominator (who are quite deadly and shouldn't be allowed to do 
more than breathe on their best days).  In other words, if I get a 
ticket, it's not the RADIO that is at fault, I've exceeded my limits by 
attracting attention (driving poorly).

To me, having a radio conversation is no worse than talking with a 
passenger or listening to music/sports/talk radio except that I randomly 
interact audibly AND use a mike (as opposed to yelling at a touchdown or 
home run).  I also interact with the GPS on occasion while driving which 
is still allowed (I can 'talk' with one of them, no hands needed) and I 
can even wave at folks walking/driving by (ok, occasionally 'salute' 
them too).  A microphone is added to the list of normal things I 
interact with, like wipers, headlights, turn signals, heater controls 
and I can even open a window safely while driving!  The state has 
presumed that none of us are this capable and would see us in a box 
unable to even adjust our seat while driving and no ability to interact 
with passengers.  One box does not fit all.

For the state to set limits on radio use tells us they think they have 
more 'power' than a Federal license because the state owns the road 
(built with Federal money most likely).  The only places the state has 
successfully (in court) managed to limit our license is under the 
(Federal) building codes, adopted locally and adapted for local needs 
and through the permit process for our antenna structures.  The HOA and 
CC&R limits are a contract between buyer and a community (and NEVER 
again will I enter into one) which is not subject to state control 
(except court to settle arguments).

For the state to tell me that a microphone is worse than talking with a 
passenger or holding their hand while driving, is insulting.  I won't 
follow this law (and there are others that I quietly ignore as well).

I'm not PO'ed, I'm fed up.  Without being political, this state is 
horribly broken and I see no signs of responsible recovery, ZERO.  I am 
a native born, life long resident; it offers everything I want but 
everything I've come to hate as well.  The bad now outweighs the good 
and since I have no ties here anymore (retired, my kids are mobile, 
we'll visit); it's time to move on. I'm also a moderate conservative and 
I'm tired of bumping into liberal thinking everywhere I go.  I'm a 
multiple minority in the land of my birth.  Change is good, takeover has 
happened, that's less good.

The infrastructure (roads, water storage, power generation) has been 
ignored so that repairs have reached the point of requiring full 
replacement, too much tax monies are wasted or given away (that's 
politics) and the current mindset is to simply smoke a joint so it all 
goes away.  We are cajoled to limit our use of consumables (water, 
power) which is good, BUT the state continues to allow new building and 
new occupants KNOWING there isn't enough resource to meet the demand 
(because of a state court order, locals cannot say no to new meters and 
they can't raise the cost to make it unattainable).   And to make it 
worse, the south state occupant has no concept of the north state and 
can outvote us 3:1 on any given day which harms our way of life.  The 
south state (and bay area) provides tech to the world, the rest of the 
state feeds it.

I'm not having it; I'm done.  If I'm a rat leaving the sinking ship, 
then shave my whiskers; just as soon as I sell, I'm outa here.  My 
standard of living will be different but generally much higher (nicer 
house, more trees, real property, lower bills and taxes but I'll have 
clean well water, fields to mow and snow to be plowed), I'll 'manage'.  
;-)  I'd rather have folks expect you to WAVE as you drive by than be 
flipped off; where personal responsibility means more than a law and a 
handshake is still a contract... that's not in CA anymore.  Those days 
are gone here.

I've seen this approaching for decades and part of the travels I've done 
has been to find a new home.  I've decided on that location for my final 
home.  Everywhere is flawed, the trick is being able to live with those 
flaws (tornadoes, hurricanes, thick humidity?  Oh HELL NO).

Ok, off the soapbox, while I've signed the online petition, I generally 
feel that is isn't the proper process here and I immediately got a 
request for funding (duh, for what?  Where does THAT money go?).  I 
encourage all to complain to their state representative (they're not our 
'leaders' as THEY presume, they supposed to represent us) and to the 
ARRL.  We're not alone; Nevada has an equally harsh and poorly written 
law about using a mic while driving (I've turned up the mic gain, kept 
it out of sight on my lap and talked louder; that works).  It's untested 
in court in both states so far but has been on the books for at least 4 
years in NV now.   That's a dangerous precedent except for those wanting 
a nanny state.

This struggle is larger than just CA and our cause is just. Normally I'm 
apolitical (because my employment required it) but this... is wrong.

Rick WA6NHC


On 2/4/2017 7:44 AM, Jim & Emilia wrote:
>
> Here Here, Rick WA6NHC!
>
> As Clint Eastwood (Dirty Harry) said “a man’s got to know his limits”.
>
> I love Rick’s points on all the services that are affected.
>
> I’m certain that it all depends on your training.  In my case, I’m a 
> licensed private aircraft pilot.  You are taught to do multiple tasks 
> from your very first flight (operating in a XYZ environment is a real 
> eye opener). There is one very important rule in flying.  You must do 
> these tasks in the following order; aviate (fly the plane), navigate 
> (know where you are in XYZ space), then communicate (no one on the 
> ground can fly your plane).  Never deviate from these rules (just ask 
> Captain Sullenberger; he followed these rules exactly and his dire 
> situation turned out all right).
>
> These same rules can be applied when driving.  There have been many 
> times, while driving, that I’ve put the mike down and attended to the 
> primary tasks (drive the car and be situationally aware of the cars 
> around you). Communications come last.  I’ve missed some neat DX, but 
> I’m still alive because I followed my training.  Communicate another day.
>
> I too am pretty fed up with our nanny state, but not quite PO’d enough 
> to leave, although I’ve done an extensive search on where to go, in 
> the USA.
>
> If you don’t have multitasking ability, don’t do 2 way radio in your car.
>
> Get your wife licensed and let her have all the fun or have her drive 
> and you play on the radio!
>
> 73 and good DX.
>
> Jim
>
> WB6BET
>

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