[Mldxcc] Fw: Calif. AB1785 (Mobile Radio Usage While Driving)
Rick WA6NHC
wa6nhc at comcast.net
Thu Feb 23 15:12:26 EST 2017
As I said, your experiences are shaded at best; fear is a powerful agent
for motivation. The driver could just as easily been adjusting a
heater, fussing with noisy kids, spilling coffee, putting on makeup or
ANY of the distractions that are (for now) legal. The rest of us have
had similar experiences; it's called participation in life. Stuff
happens, including accidents, near misses and ignorance.
It's a nanny law because it was already clearly written into law and the
lawmakers choose to add ANOTHER law where common sense should best be
applied and enforcement used as well. I do not need to be told how to
be responsible; that was the task of my parenting and to some extent,
schooling and employment.
If you're behind the wheel of a car; by definition, you're driving; even
if you're off the road to the side (it's presumptive under case law that
a person behind the wheel is the driver). That means you'd have to pull
over, change seats, so you can do what radio traffic is needed. You
can't call in a tornado for SkyWarn, you can't answer your dispatcher if
you're making a delivery or taking on a paying passenger (cab); even the
calling 911 exemption, is gone. You can't even call in an accident or
unsafe driver. Yes, that is a nanny law.
It's retarded, I won't accept it and I'll fight for my right to be an
adult if needed. I fully expect any judge to rule it too vague to be
enforceable and throw it out.
Rick NHC
PS "The biggest problem of trusting in the common sense of your fellow
man, is that you'll find it's not very common." Mark Twain
On 2/23/2017 11:55 AM, jerryolive at comcast.net wrote:
> You call it nanny law, I call it common sense good law.
>
> Been hit by a driver reading a text, let me know if you want to see
> the video. Been hit as a pedestrian in a crosswalk by a driver on
> her cell phone too. Big payday on that one.
>
> Put down your PTT mics, put both hands on the steering wheel, and
> pay attention to driving.
>
> Your example is poor. All you have to do is stop you car to use your
> radio. Why does your car have to be moving to dispatch emergency
> services?
>
> Jerry KD6WKY
>
> Sent from my T-Mobile 4G LTE device
>
> ------ Original message------
> *From: *Verne Terwilliger
> *Date: *Thu, Feb 23, 2017 11:33
> *To: *jerryolive at comcast.net <mailto:jerryolive at comcast.net>;
> *Cc: *Robert Hess via Mldxcc;El Dorado County Amateur Radio Club;
> *Subject:*Re: [Mldxcc] Fw: Calif. AB1785 (Mobile Radio Usage While
> Driving)
>
> 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
> <mailto:jerryolive at comcast.net> <jerryolive at comcast.net
> <mailto: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
> <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 <tel:916-284-3737>
> wb6rvr at aol.com <mailto: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.
>
>
>
>
>
>
>
> _______________________________________________
> Mldxcc mailing list
> Mldxcc at contesting.com <mailto:Mldxcc at contesting.com>
> http://lists.contesting.com/mailman/listinfo/mldxcc
> <http://lists.contesting.com/mailman/listinfo/mldxcc>
> Need list help? Contact mldxcc-owner at contesting.com
> <mailto:mldxcc-owner at contesting.com>
>
>
>
>
> _______________________________________________
> Mldxcc mailing list
> Mldxcc at contesting.com
> http://lists.contesting.com/mailman/listinfo/mldxcc
> Need list help? Contact mldxcc-owner at contesting.com
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.contesting.com/pipermail/mldxcc/attachments/20170223/8d8d9575/attachment-0001.html>
More information about the Mldxcc
mailing list