[Mldxcc] Fw: Calif. AB1785 (Mobile Radio Usage While Driving)
Verne Terwilliger
verne.terwilliger at gmail.com
Thu Feb 23 14:33:36 EST 2017
Well, it's a good thing it wasn't in place during the King Fire in El
Dorado County when we needed to dispatch truck/trailers to evacuate large
animals. Kept our pilot cars and truck/trailers safe behind the fire line.
There is such a thing as common sense and we don't need another "nanny" law.
Verne, K6DN
On Thu, Feb 23, 2017 at 11:27 AM, jerryolive at comcast.net <
jerryolive at comcast.net> wrote:
> 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 Mldxcc
> *Date: *Thu, Feb 23, 2017 11:11
> *To: *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%208523&utm_source=share_petition&utm_medium=email&utm_campaign=share_email_responsive>*https://www.change.org/p/california-state-house-qualify-or-repeal-ab-1785-re-immersive-v-passive-devices?recruiter=1701
> <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 Court
> Sacramento, CA 95838
> 916-284-3737
> wb6rvr 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 while
>
> using an electronic wireless communications device to write, send,
>
> or read a text-based communication, as defined, unless the electronic
>
> wireless communications device is specifically designed and
>
> configured, and is used, to allow voice-operated and hands-free
>
> operation, as specified. A violation of these provisions is an
>
> infraction.
>
> This bill would instead prohibit a person from driving a motor
>
> vehicle while holding and operating a handheld wireless telephone or
>
> a wireless electronic communication device, as defined. The bill
>
> would authorize a driver to operate a handheld wireless telephone or
>
> a wireless electronic communications device in a manner requiring the
>
> use of the driver's hand only under specified conditions. By
>
> changing the definition of a crime, the bill would impose a
>
> state-mandated local program.
>
> The California Constitution requires the state to reimburse local
>
> agencies and school districts for certain costs mandated by the
>
> state. Statutory provisions establish procedures for making that
>
> reimbursement.
>
> This bill would provide that no reimbursement is required by this
>
> act 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 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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