Happy New Year!  As usual, there is a flurry of new laws across the state and country taking effect as the year changes.  One in particular is worrisome for amateur radio (and cabbies, delivery folks, bus drivers, truckers... folks that need a radio for their job).

In the strictest sense of the new law (actual text below) it may soon be illegal to use a radio while operating a vehicle (passengers can though).  The new law takes effect next week. 

The law is SO broadly (poorly) written, withOUT the usual exemptions for amateur radio that you may get a ticket for using your radio in an otherwise legal manner, while driving.  This applies in particular to portable (HT) radios since they are hand held and NOT mounted to a vehicle.  The only exemption is in section 'e' which isn't us; plus the term "emergency service professsional" is also a broad term although "authorized emergency vehicle" is defined by the CHP (does not include RACES or any other amateur service).

While I am all about safely operating, using a radio while driving (except QSY on the fly for a site not already in memory) is not much of a distraction any more than having a conversation with others in the same vehicle distracts the driver.  It is likely only going to be applied IF the officer sees you using the radio and/or you're driving in an unsafe manner; why be made an example?

We might be able to get some relief via the ARRL attorney.  Even though the ticket amount is tiny ($20, then $50 each time after), I don't wish to be a test case.  My suggestion is that extra effort to 'pass the attitude test' when stopped by law enforcement (you have about 15 seconds to impress them; NO arguing, no 'educating').  I have no plans to change my habits concerning radio use while driving (my radios are mounted).

For what it's worth, the law in Nevada has been in use for some years now with similar language; that if a microphone has more than just PTT (touch tones, up/down) and has the (ANY) potential of being able to text (the cop stopping you won't know); you get the ticket.  I've not heard of it applied for other than cell phones (the intended target) but the law(s) are not specific and won't likely pass the test in court if cited.

Bluetooth control for PTT is on option but it's challenging since some of us also have more than one radio installed; which one talks?  If you have multiple PTT on your console, how do you route the audio to the proper radio?  [Headsets covering more than one ear are illegal in CA.]  In the long run, a court challenge or a bill exempting hams is the better answer; it's a poorly written law.

Let's hope that common sense is used in the application of this wondrous new law, since it's clearly not used by the lawmakers.  Welcome to the nanny state of California.

HNY,

Rick nhc


Here is the actual text of the new law,  What I highlighted is most disturbing:

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.