[SCCC] California vehicle code - hands free law?

[Marty Woll]

We are left with a supportable position that operating a permanently mounted radio with a corded microphone is not a prima facie violation absent any actual distracted driving.

Marty N6VI


-----Original Message-----
From: Drew Arnett [mailto:arnett.drew at gmail.com] 
Sent: Wednesday, March 2, 2022 7:09 AM
To: Marty Woll; Southern Cal Contest Club
Subject: Re: [SCCC] California vehicle code - hands free law?

Yep.  Agree on all points.  Safety first!

But we're left with some wiggle room for interpretation one way or
another as it stands in circumstances when distraction isn't an issue,
correct?

On Wed, Mar 2, 2022 at 2:51 PM Marty Woll <n6vi at socal.rr.com> wrote:
>
>
> 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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