California AB-1785 signed - Bans Ham Radio Usage in Vehicle

noncompliance is the new normal. they cant arrest us all.

 

Hmm. Can it be any more vague?

Summary
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.

 

from the text of the bill:
23123.5.
(c) A ... 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 ... wireless communications device 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 .... a function of the .... wireless communications device with the ... tap of the driver’s finger.

that 2nd paragraph is the very definition of CW!

This is one of the more benign of the many senseless laws that state's hate-filled legislature has come up with in recent years... at least hams don't risk going to jail for possessing a handheld that holds more than 10 frequencies.

AA4Q

 

so first off lets look at this from a court room point of view..
23123.5.
(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.
(ham operator) that means i can use my driver hand to activate and deactivate the Mic function on my ham radio.

(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.

(ham operator) my ft-8900 is affixed to my center console and is not considered a handheld wireless device..

theres nothing in here that says i cant hold a microphone in my hand while driving.

now if you do get a ticket because of this, your innocent until proven guilty. so if the officer cant prove your were talking on your handheld device while driving then it will be dismissed. Even for cell phone tickets. just take a copy of ANY cell phone record for that date and time that you got the citation. the court can not prove that the phone records are yours to begin with.

 

Oh is that so?

 

A little rough on the 405?? Most of the time the 405 is just a parking lot.

 

Why weren't my ARRL dues used to stop this? What was the ARRL doing that was more important?

 

The problem, N0AMY, is that if your radio was on and mike present, then in an accident you will be blamed for breaking the law and clear cut negligence and endangerment.

If you operate mobile in CA pack away the hand held microphone. If you operate cw while driving, well, you are just being dumb.

 

Editorializing the 'Noise Frontier'.

 

California is like Granola, once you get past the Fruits & Nuts, all you have left is a bunch of Flakes!

 

Texas and other states wrote similar laws, it was recalled in all cases.....and exceptions were made for LICENSED Radio Operators, Emergency Responders, etc.

 

Michigan had a similar bill started in the legislature this year; however, it ran out of time for this year's session. It will probably be back next year. ARRL reps have had discussions with the legislator who initiated the bill.

http://www.mi-arrl.org/index.php/2016/10/23/hb5867-distracted-driving-bill-update/

https://legislature.mi.gov/documents/2015-2016/billintroduced/House/pdf/2016-HIB-5867.pdf

 

just another reason, not that more are necessary, for people to move away from California. Other than the gold rush, there was never any good reason to live there anyway.

 

"(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."

 

They might as well ARREST ME NOW, as I am going to do Ham Radio in the SUPERFLEX regardless of what that RAT BASTARD MOONBEAM BROWN hasta say about it!!!