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

[Alan Maenchen]

In any REAL emergency, no one is going to give you a ticket for a PTT mic.
However, when was the last time you used your mobile in a real emergency?
Common sense should prevail. If it's not an emergency, don't do it. I've
learned my lesson by nearly T boning someone because I was yaking on 2
meters. Glad the other guy was paying more attention than I was.

Distracted driving is distracted driving regardless of the cause.

73, Alan  AD6E




On Thu, Feb 23, 2017 at 9:55 AM, jerryolive at comcast.net <
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;
> *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 <
> 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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