[SCCC] California vehicle code - hands free law?

[Marty Woll]

Hi, Drew.

The CHP letter is their interpretation of the current state vehicle code
provision.  While it is not binding on the courts or on law enforcement
officers from other jurisdictions (i.e., cities and counties), it may be
persuasive in the Ham's favor.  That said, distracted, unsafe or erratic
driving is illegal regardless of  the cause.  If a driver cannot reliable
control the vehicle while talking on the radio, then he or she should not
operate the radio.  Circumstances such as heavy traffic or poor road
conditions may dictate that the Ham "two-hands" it and leaves the mic down
during those times.

73,

Marty N6VI


-----Original Message-----
From: SCCC [mailto:sccc-bounces at contesting.com] On Behalf Of Drew Arnett
Sent: Wednesday, March 2, 2022 6:23 AM
To: Southern Cal Contest Club
Subject: [SCCC] california vehicle code - hands free law?

Hi,

I'm running a group of students through Tech license exam prep.  One
of the students asked what the deal is for amateur radio today given
the round of distracted driver/hands free legislation that happened a
few years ago.

Is there a useful definitive answer I can point the students to?  I
can point to the section of the vehicle code and tell them to check
with their counsel.

Googling shows me what I roughly recall from the last change that
occured 2016/2017.  The ARRL advised that it be amended to provide an
explicit amateur radio exemption.  Didn't see anything from ARRL after
that press release.  Found copies of an email that are supposed to be
from CHP about this; would be great to have a validated reference.
That said pretty much what my recollection was:  hand mic for mobile
is OK, handheld is at least questionable.  It could be that I wasn't
persistent enough in googling.

Is there a solid reference beyond just the vehicle code that I can
point out to the students?  Is that CHP email on a CHP website or
publication?  Any advice from ARRL counsel or other counsel to the
California amateur radio community?  Has the current vehicle code on
this been tested in amateur radio related ways, yet?  It's been a few
years, so I'm hoping there is a solid unambiguous answer available
today.

Thanks and best regards,

Drew
n7da
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