[SCCC] California vehicle code - hands free law?

Tree tree at kkn.net
Wed Mar 2 10:51:36 EST 2022


Modified Dad joke:

Officer: I pulled you over because I saw you playing with your radio.
Don't you know you are supposed to use two hands?

Ham: I would - but I have to drive with one!

On Wed, Mar 2, 2022 at 7:49 AM Marty Woll <n6vi at socal.rr.com> wrote:

>
> 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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> > SCCC at contesting.com
> > http://lists.contesting.com/mailman/listinfo/sccc
> >
>
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