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

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@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@comcast.net <jerryolive@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 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@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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