[SCCC] KE6L's Correspondence re Upcoming Mobile Use Cel Phone Law

[Dennis Vernacchia]

KE6L writes to Mr. Valverde at CA DMV and previous threads

( "Jeff Sloane" <jsloane1 at san.rr.com>  )
----------------------------------------------------------------------------------------------------

Mr. Valverde,

I represent a small group of FCC licensed amateur radio operators (Ham
Radio) licensed under 47 CFR, Part 97 by the FCC.  We have requested a
clarification to materials published by the Department of Motor Vehicles on
their website.  The San Diego Deputy City Attorney has responded, and I am
forwarding that message to you.  In his response, he refers to ambiguity
that was caused by differences between current and past DMV website
publications concerning the new vehicular cell-phone regulations.

We would be most appreciative if you would carefully review this
communication between myself and the Deputy City Attorney, and give us your
opinion.  Your response will be shared with our group, and with the American
Radio Relay League, which is the organization that represents amateur radio
operators in the United States.

California's posture on this issue is a matter of safety and security for
Californians.  I believe that this legislation could cause amateur radio
mobile equipment to be removed from service, should it prove to be too
restrictive.  This in turn, would represent a significant reduction of
California's readiness to respond with effective communications in the event
of an emergency.  I am sure that you are aware that HAM Radio has been shown
to be the ONLY significant source of radio communication  that can survive
major telecommunications infrastructure damage.  I for one, will not pay for
and carry equipment in my vehicle that I cannot test, use and enjoy at will.
I urge you to consider your answers carefully.


Sincerely,




Jeff Sloane, KE6L
San Diego, California








       -----Original Message-----
       From: Lastomirsky, Steve [mailto:SLastomirsky at sandiego.gov]
       Sent: Wed 5/28/2008 11:02 AM
       To: Jeff Sloane
       Cc: Aguirre, Michael
       Subject: FW: Cell phone law question



       Dear Mr. Sloane:



       I am a Deputy City Attorney for the city of San Diego.  City
Attorney Aguirre forwarded your email questioning whether the California
"hands free" law that goes into effect July 1, 2008, would prohibit
federally licensed ham operators from using their mobile two-way radios in a
vehicle.



       You forwarded a set of questions and answers from the DMV website
that did not provide an express exemption for ham radios.  An earlier
version that the DMV released included this exchange:



       "Q: May I use a dedicated two-way radio while driving?

       A: Yes. The use of dedicated two-way radios such as walkie-talkies
or Citizen Band (CB) radios is not affected by the new law."

       It was found at this link:
http://www.dmv.ca.gov/cellularphonelaws/dl208_03cell_phone.pdf
<http://www.dmv.ca.gov/cellularphonelaws/dl208_03cell_phone.pdf>



       However, that language has been deleted from the DMV website, so it
is unclear if the DMV continues to support their original response.  I
reviewed the legislative history of the bill that created the law, and there
was not a discussion of ham radio use.  I'm sorry not to be able to provide
a definitive answer to your question, but it may be necessary to wait for
regulations to be issued to address the issue, or for a court to determine
the legislature's intent.



       Regards,



       Steven Lastomirsky



       Steven Lastomirsky

       Deputy City Attorney

       Office of the San Diego City Attorney

       1200 Third Avenue, 11th Floor

       San Diego, CA 92101

       619-533-5800

       Fax: 619-533-5856

       slastomirsky at sandiego.gov