I am not to sure about Connecticut as we have been warned not to operate mobile radios by our legal teams. From what I understand Connecticut changed the law a few years ago to also prohibit amateur radio operations to include them as electronic devices.
Who says there is no such thing as TIME TRAVEL, here it is, the 26th and we have the edition of the 28th already. Ain't science wonderful.
My wonderful girlfriend is an attorney here in CT, and this is what she found for me. Disclaimer: This is only for Connecticut
(4) Subdivision (1) of this subsection shall not apply to: (A) The use of a hand-held mobile telephone for the sole purpose of communicating with any of the following regarding an emergency situation: An emergency response operator; a hospital, physician's office or health clinic; an ambulance company; a fire department; or a police department, or (B) any of the following persons while in the performance of their official duties and within the scope of their employment: A peace officer, as defined in subdivision (9) of section 53a-3, a firefighter or an operator of an ambulance or authorized emergency vehicle, as defined in section 14-1, or a member of the armed forces of the United States, as defined in section 27-103, while operating a military vehicle, or (C) the use of a hand-held radio by a person with an amateur radio station license issued by the Federal Communications Commission, or (D) the use of a hands-free mobile telephone.
The one graphic insert in the video https://lapinlawoffices.wordpress.com/2014/06/18/mental-distraction-rating-system-infographic/ Asserts listing to radio (broadcast presumably) or audiobook as a danger. Anyone for banning broadcast radios, and playing music/audiobooks in cars? Seems we are rapidly reaching an irrational zero tolerance largely due to one major problem source. The graphic fails to list the most deadly driving distraction...mind wandering. Mind wandering, that very human thing to do especially when boredom sets in. I also note the highest danger in the graphic is associated with a system built into the vehicle....curious.
In 2013, the Ct General Assembly amended the law you quote to limit use of a hand held radio by licensed amateurs to emergencies only. This was in response to NHTSA regulations and potential loss of federal funds. We gave in so as to not lose the federal money. https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&ved=0ahUKEwjakujZq8TZAhXRslkKHavYB7MQFgg3MAI&url=http://www.arrl.org/files/file/QST/This%20Month%20in%20QST/November%202013/It%20Seems%20to%20US.pdf&usg=AOvVaw0PC6GqkRxTlb0bOLbmpD3Z
There is a bill in the Missouri State Senate, which if enacted as written, would prohibit not only Hams, but Law Enforcement, Fire, and EMS as well. I don’t believe this was intentional, but rather a very poorly written piece of legislation. Another part of this bill joins the existed “Texting Stature” with the current statute for Careless and Imprudent Driving. Locally in Kansas City, we’ve had quite a bit of conversation on the topic. I was a Law Enforcement Officer in Nebraska and Missouri and have a considerable amount of training and experience in traffic enforcement. Aside from the letter drafted to my State Legislators, I provided the comments below to the local discussion: One has to consider all the facts: Distracted Driving has always been the leading cause of motor vehicle accidents Back in 1983, long before there were cell phones and texting devices; Distracted Driving was the leading cause of motor vehicle accidents. Since the inception of the motor vehicle code, the laws for Careless and Reckless Driving already covers "Distracted Drivers" for any and all distractions, without adding additional language to describe a specific activity, such as texting. Careless Driving, Careless and Imprudent Driving, Reckless Driving, Willful Reckless Driving has always been a misdemeanor, i.e. a Criminal Offense, not and infraction, such as a speeding ticket. A conviction can lead to jail time, a heavy fine, and the loss of one's driving privileges. In Missouri this is a Class B Misdemeanor. (Second Most Severe Misdemeanor. In Nebraska it is a Class 1 Misdemeanor, the Most Severe Misdemeanor.) The current Texting Law in Missouri is an infraction. Prosecutors want the officers to arrest with the statute which carries the highest penalty for the offense. So, as a police officer who has a case for arresting an individual for "Texting While Driving" in Missouri, I would completely bypass the specific infraction for Texting While Driving and go straight for Careless and Imprudent Driving. The Prosecutor would then likely make the offer to the defendant to plead guilty to Texting While Driving in exchange for a dismissal of the Careless and Imprudent Driving charge. Everyone walks away a winner. Here's the kicker; the Prosecutor can amend any charge to anything he deems appropriate. So let's say that Missouri has no "Texting While Driving" statute. If there was cause to believe that a driver's attention to operating the vehicle was impaired, whether involved in an accident or not, the driver could still be cited for Careless and Imprudent Driving. If the Prosecutor wants to offer a plea bargain to speeding, or whatever, he can still do that. The conclusion, is we don't need a new statute to make texting while driving its own unique offense! It's already covered. What we do have is a politician who says, "Oh my God! We have a problem! I'm going to save you from the problem by creating a new law! Vote for me!" I will venture to speculate, that if we asked for statistics which state specifically that Texting While Driving is the number one cause of accidents, you would get a reply that driver inattention is the number one cause of accidents. The reason why is that while we know that Texting While Driving has caused some spectacular accidents, I don't believe they have enough specific data for texting to be the leading cause of accidents. Maybe they do, but I've not seen it. Do I believe that Texting While Driving should be permitted? Absolutely not! Anyone caught doing so should be arrested for Careless, Reckless, etc! I can tell you that there is no statistical evidence of any accidents caused by persons talking on a two way radio. We all know that we had ample opportunity to collect the data during the CB Craze of the 1970's, and as such, it was never an issue. So how and why is it an issue now? Something else I wanted to mention. The Missouri Senator did not do a very good job of dotting his I's and crossing his T's when he drafted this bill. Does he seriously want to remove the radios for all the cops, firemen, and ambulances in Missouri? Clearly not! ...And why have we not heard a huge cry coming from the Superintendent of the State Patrol, all the Sheriff's, all the Police Chief's, Fire Chief's and EMS Directors?! My speculation is this bill was never meant to pass. The senator is making a splash to tell his constituents that he is there looking out for them by going after texting. A spectacle all at taxpayer expense! So there's my rant for the day!
OK let's be Honest here.How many Amateur Radio Operators when talking on their transceivers while operating a motor vehicle are actually communication information about an Emergency? On average would it even be 1% daily? Most of us are just Rag Chewing & killing time while driving truthfully I'd say so why are we exempt from the laws when others are not even with a CB Radio? When we communicate while driving does that count as Emergency Training for Emergency Communications in a time of an Emergency? I know these questions won't be popular but I believe in a Fair & Open conversation for all including the General Public.We did NOT get special training when we studied for our Amateur License that made us any better drivers when we are distracted than any other citizen? I just got my 1st cell phone a few weeks ago & still don't feel the need too text & drive or even dial the phone unless I am parked & then I may talk but only on speaker phone then.Texting & driving is every bit as bad as DUI to me & kills just as many or more these days.I don't see why we have these exemptions for Amateur Radio when we are NOT dealing with Emergency Communications which 95% or more will never do even from home I'd guess? FIRE AWAY! Clayton W4KVW
Clayton - You have a valid argument. Texting while driving is a bad thing. People should not be texting while driving. Inattentive Driving of any kind should not be permitted. Such people can and should be arrested. My take however, is inattentive driving of all kinds has always been illegal, whether it's sending a text message or reading the newspaper while one is driving. (When I was a cop, you would not BELIEVE the things I observed and cited people for doing while they were driving.) We don't need a new law that is specific to texting or any other communications device. The laws that are presently on the books today are more than adequate to address the issue. Creating laws specific to the use of communications devices is simply grand standing by the legislators at the cost and expense of the tax payers. The leading cause of accidents has always been inattention or confusion, (i.e. inattentive driving,) long before the proliferation of cell phones and pagers, etc. One could make the argument that incidents of Driving Under the Influence of Alcohol or Drugs, (DWI / DUI,) is down because the laws have changed. I would respond that it's always been illegal to drive drunk. That's never changed. What has changed was removing the ability of the prosecutors to plea bargain the charge down to something other than DWI / DUI, and in some states the penalties were "enhanced" to make a conviction more severe. Public education and the tolerance of the public against drunk driving has played a large role in the reduction of drunk driving as well, but let's face it. Drunk Driving has always been against the law. The same goes for Inattentive Driving. Call it Careless Driving, Careless and Imprudent Driving, Reckless Driving, Willful Reckless Driving, or whatever your state chooses to name the statute, it's already against the law, and is most likely a criminal offense. Why do we need to change that? Randy - KD0HKD
Headline news is produced on Sunday or Monday following the weekly (Friday) Amateur Radio Newsline Report. Ham nation airs on Wednesdays.
“Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety” B. Franklin
