[Mldxcc] [EDCARC] Re: Fw: Calif. AB1785 (Mobile Radio Usage While Driving)
Jeff Stai
wk6i.jeff at gmail.com
Thu Feb 23 18:48:44 EST 2017
hi Scott - You are receiving this on the MLDXCC mailing list, which I hope
you would like to stay on, and instead have this thread end.
As list moderator, I'm going to ask that further discussion happen off of
this list.
Thank you - 73 jeff wk6i
On Thu, Feb 23, 2017 at 2:46 PM, Scott Nelson <sfonelson at gmail.com> wrote:
> Hello all,
>
> May someone kindly remove me from this distribution list?
>
> Thank you!
>
> Scott Nelson
>
> On Feb 23, 2017, at 2:02 PM, "jerryolive at comcast.net" <
> jerryolive at comcast.net> wrote:
>
> No difference. A "quick exchange" is still a distraction from full time
> driving.
>
> Accidents happen quickly. I have video proof. Let me know if you want to
> see it.
>
> Jerry KD6WKY
>
> Sent from my T-Mobile 4G LTE device
>
> ------ Original message------
> *From: *Colton Meyer
> *Date: *Thu, Feb 23, 2017 13:51
> *To: *verne.terwilliger at gmail.com;
> *Cc: *jerryolive at comcast.net;Robert Hess via Mldxcc;El Dorado County
> Amateur Radio Club;
> *Subject:*Re: [EDCARC] Re: [Mldxcc] Fw: Calif. AB1785 (Mobile Radio Usage
> While Driving)
>
> Sorry to break in, but while I choose not to use my radio casually when
> driving, when driving on the roads up in this country, if I needed to send
> a message or respond to one in a hurry, I could go miles before finding a
> safe place to pull over. There is a difference between a quick exchange on
> a radio and chatting endlessly on a cell phone. Again, common sense needs
> to apply. I don't like laws that presume that they will be not be enforced
> when they defy common sense.
>
> Colton WD6CWM
>
> On Thu, Feb 23, 2017 at 12:28 PM, verne.terwilliger at gmail.com [EDCARC] <
> EDCARC-noreply at yahoogroups.com> wrote:
>
>>
>>
>> Jerry, you weren't there.
>>
>> Sent from my iPhone
>>
>> On Feb 23, 2017, at 11:55 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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>> __._,_.___
>> ------------------------------
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--
Jeff Stai ~ wk6i.jeff at gmail.com
Twisted Oak Winery ~ http://www.twistedoak.com/
Facebook ~ http://www.facebook.com/twistedoak
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