[Mldxcc] Fw: Calif. AB1785 (Mobile Radio Usage While Driving)

[jerryolive at comcast.net]

This is a good law. Put down your PTT mics,  put both hands on the steering wheel,  and pay attention. 
Jerry KD6WKY
Sent from my T-Mobile 4G LTE device
------ Original message------From: Robert Hess via MldxccDate: Thu, Feb 23, 2017 11:11To: El Dorado County Amateur Radio Club;MLDXCC Lode;Cc: Subject:[Mldxcc] Fw: Calif. AB1785 (Mobile Radio Usage While Driving)
 

  
To:  All Amateur Radio Clubs - ARRL Sacramento Valley Section From:  Norm Lucas (WB6RVR) I am communicating with you in this fashion to advise you of a new law that was passed and implemented by the California State Legislature that, effective January 1, 2017, makes it illegal to use any sort of mobile device while driving, unless it is "blue toothed" enabled, and was installed as part of the vehicles equipment as it left the factory.  This would include amateur and commercial mobile radio operations.  The simple use of picking up and keying a push to talk microphone while driving would now be considered a violation of this new law. I am referring to Calif. Assembly Bill 1785, the full text of which appears below.  When it was initially drafted, this bill pertained only to cell phone usage.  During its journey through the legislative process, it went through a number of rewrites and amendments, such that we are now saddled with a new law that prohibits all mobile operations (amateur and commercial) while driving. The first violation/citation carries with it a $20.00 fine.  The second violation would be $50.00.  At this time, it is unknown if the receipt of any citation for violation of this new law would affect your drivers license record, or insurance rates.  An amateur radio operator using his mobile radio in Palo Alto, has already received a citation for violating this law. Initial contacts will several Chiefs of Police in various jurisdictions though out California have given us feedback that is all over the map, ranging from "we are going to enforce it," to "we won't bother."  The CHP position on this is to apparently enforce the law at the officer's discretion. We have been in contact with the ARRL, and it is unknown at this time if they will lend their support, or take a leading role to amend this law. At this point, "finger pointing"  or any laying blame is pointless and will not serve to get this law amended.  To be clear and as of now, the ARRL is not in any way sanctioning or participating in this effort.  A small group of amateurs (myself included), have taken up the task to at least try and do something.   Please go to the following link and sign the "on line" petition, which will formally record you as being in support of amending this law.   https://www.change.org/p/california-state-house-qualify-or-repeal-ab-1785-re-immersive-v-passive-devices?recruiter=1701 8523&utm_source=share_petition&utm_medium=email&utm_campaign=share_email_responsive If you are personally acquainted with someone that owns and operates a tow truck company, cab company, utility company, etc.,  please share this communication with them, as this law directly affects them, too.  Otherwise, it would be appreciated if you shared this with your membership and ask them to give it the widest circulation possible. Again, the full text of the new law is attached below. If you have any questions, please contact me. 73, Norm Lucas (WB6RVR)27 Casey CourtSacramento, CA  95838916-284-3737wb6rvr at aol.com //// BILL NUMBER: AB 1785   CHAPTERED        BILL TEXT         CHAPTER  660        FILED WITH SECRETARY OF STATE  SEPTEMBER 26, 2016        APPROVED BY GOVERNOR  SEPTEMBER 26, 2016        PASSED THE SENATE  AUGUST 17, 2016        PASSED THE ASSEMBLY  AUGUST 23, 2016        AMENDED IN SENATE  AUGUST 3, 2016        AMENDED IN SENATE  JUNE 30, 2016        AMENDED IN ASSEMBLY  MAY 27, 2016        AMENDED IN ASSEMBLY  APRIL 5, 2016        AMENDED IN ASSEMBLY  MARCH 28, 2016 INTRODUCED BY   Assembly Member Quirk   (Coauthor: Assembly Member Frazier)                         FEBRUARY 4, 2016    An act to repeal and add Section 23123.5 of the Vehicle Code,relating to vehicles.          LEGISLATIVE COUNSEL'S DIGEST     AB 1785, Quirk. Vehicles: use of wireless electronic devices.   Existing law prohibits a person from driving a motor vehicle whileusing an electronic wireless communications device to write, send,or read a text-based communication, as defined, unless the electronicwireless communications device is specifically designed andconfigured, and is used, to allow voice-operated and hands-freeoperation, as specified. A violation of these provisions is aninfraction.   This bill would instead prohibit a person from driving a motorvehicle while holding and operating a handheld wireless telephone ora wireless electronic communication device, as defined. The billwould authorize a driver to operate a handheld wireless telephone ora wireless electronic communications device in a manner requiring theuse of the driver's hand only under specified conditions. Bychanging the definition of a crime, the bill would impose astate-mandated local program.   The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by thestate. Statutory provisions establish procedures for making thatreimbursement.   This bill would provide that no reimbursement is required by thisact for a specified reason.  THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:   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 whileholding and operating a handheld wireless telephone or an electronicwireless communications device unless the wireless telephone orelectronic wireless communications device is specifically designedand configured to allow voice-operated and hands-free operation, andit is used in that manner while driving.   (b) This section shall not apply to manufacturer-installed systemsthat are embedded in the vehicle.   (c) A handheld wireless telephone or electronic wirelesscommunications device may be operated in a manner requiring the useof the driver's hand while the driver is operating the vehicle onlyif both of the following conditions are satisfied:   (1) The handheld wireless telephone or electronic wirelesscommunications device is mounted on a vehicle's windshield in thesame manner a portable Global Positioning System (GPS) is mountedpursuant to paragraph (12) of subdivision (b) of Section 26708 or ismounted on or affixed to a vehicle's dashboard or center console in amanner that does not hinder the driver's view of the road.   (2) The driver's hand is used to activate or deactivate a featureor function of the handheld wireless telephone or wirelesscommunications device with the motion of a single swipe or tap of thedriver's finger.   (d) A violation of this section is an infraction punishable by abase fine of twenty dollars ($20) for a first offense and fiftydollars ($50) for each subsequent offense.   (e) This section does not apply to an emergency servicesprofessional using an electronic wireless communications device whileoperating an authorized emergency vehicle, as defined in Section165, in the course and scope of his or her duties.   (f) For the purposes of this section, "electronic wirelesscommunications device" includes, but is not limited to, a broadbandpersonal communication device, a specialized mobile radio device, ahandheld 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 toSection 6 of Article XIII B of the California Constitution becausethe only costs that may be incurred by a local agency or schooldistrict will be incurred because this act creates a new crime orinfraction, eliminates a crime or infraction, or changes the penaltyfor a crime or infraction, within the meaning of Section 17556 of theGovernment Code, or changes the definition of a crime within themeaning of Section 6 of Article XIII B of the CaliforniaConstitution.               



    
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