North Carolina is working on a "Distracted Driving" Bill

So,..... then you are saying that this "trained" person can use an amateur radio in their personal vehicle too.

 

One might get that impression. Certainly, some training/qualification is better than none.

 

Anyone (licensed) can! It's US LAW! Just because the state, ignorant of US Code, fails to do research, makes a state law does not make it OK. The only way they can change that is with FCC's cooperation. Part 97 and 91-36 gives us the legal authority to operate our mobile radios.

IF it is dangerous for the "unwashed masses" (amateurs and CBers, two way commercial) to operate a two way radio (and its NOT), then it is JUST as dangerous for those so-called "trained" operators. I call BULL****, HORSE HOCKEY! Show me this hypocritical "training" these "trained operators" have. I would be willing to wager, there IS no such "training"! Nope, its a matter of "AH'M TH' LAW, "ROUN' HEAH, BOY-AH, AND Y'ALL GONNA DO WHUT AH SAY"! ................And that's fine, so long as it actually addresses a REAL problem. But this "problem" is a phantom", false "guilt by assumption, opinion, ignorance, and wrongful association. And until FCC tells me different I will continue to operate mobile as I see fit. And should some cop ticket me for doing what I legally have permission under Federal law to do, I will then seek action in Federal court AGAINST that state. Luckily, in MY state, we do not yet have that problem.

 

Again, what happens on roads in a given state is and should be controlled/regulated by that state, not the Feds.

 

Mostly. But that's not the case WRT the use of two way radio. There is a historical reason for this. Prior to 1934, radio was new. For a time people mostly did what they wanted to do with a transmitter. There were attempts to regulate it by various local jurisdictions. Each one of these jurisdictions came up with their own interpretation, usually those that suited their own purpose. Mostly this failed. Interference (the main problem) was rampant. Because radio signals are not restricted to state and local boundaries, Congress then enacted the Communications Act of 1934. It created the Federal Communications Commission whose function was to finally regulate radio once and for all, provide guidance and a set of uniform regulations that applied to each radio service as each new one was developed. FCC was then to issue ONE set of licenses for these services under the various "Parts" that applied to each one. This eliminated a hodge-podge of licenses, permissions, and governance so that ONE agency was in charge of it all, issued licenses to all, and answered calls of interference and settled regulatory disputes. One of the "permissions" granted by FCC was the ability of amateurs to operate mobile as the technology developed. After WWII, a period of radio silence for hams, permissions was once again granted for amateurs to operate mobile. There WERE no cell phones and the old "common carrier" mobile phones with the mobile operators didn't count. In the late 80's some states had enacted local laws making it illegal to listen to mobile scanners. Amateur radio had experienced some growth, too, and the equipment became smaller and more flexible--including the ability to monitor Public Service frequencies. It didn't "set" well with the local cops. Seeing these smaller, more agile radios, and, as now, ignorant, of the Federal laws regarding amateur radio, they began citing licensed hams for having a "scanner"--whether it was scanning the po-leece or not--AND sometimes SEIZING their equipment. FCC responded by recognizing Amateur participation in emergency services and that the ability of hams to HAVE a large fleet of MOBILE stations was an asset. This is when they issued FCC Brief 91-36, effectively slapping down states' efforts to "punish" amateurs for having a "scanner". Whether you recognize this or not is immaterial. The FCC's position is clear! Many of the states then issued revisions of their laws (Best to read the ones that apply to YOUR state; each one can be different).

The law has not changed despite the states' various and sundry "distracted driving" laws. FCC STILL permits mobile two way radio under Part 97, US Code. States laws apply to distracted driving, that's true. But NOT two way radio. IMHO, the FCC's permission is expressly stated in their Rules and in 91-36. When state law and Federal law clash, it is mostly the FEDERAL statute that survives. And it is best that way in this particular case.

I assume you LIKE amateur radio, but obviously not mobile. Up 'til now, states have NEVER been permitted to supercede or override the FCC's regulations. I would caution you that allowing states to begin altering, changing, restricting amateur radio could result in other unforeseen consequences. If these laws are not stopped at the local level, if we sit back and do not push back, we could find ourselves restricted in other ways. After all, many states, towns and communities have regulations, or attempted regulations, to restrict--even prevent--amateur radio. If we give in to the "nanny state", we are surrendering our freedom and autonomy little step by little step.
I am looking forward to a positive outcome in OUR favor when the Wireless Bureau finishes their review of this issue.

 

More words doesn't validate your position. Since a vehicle is deadly when not operated safely and attention to the primary function of driving is part of safely operating a vehicle, it should be is. And, it doesn't matter what the distraction is.

 

But the LAW does! AND that's what I'm standing on!

 

Not here.

 

Have YOU actually READ Washington's distracted driving law?

Using a personal electronic device while driving.
(1) A person who uses a personal electronic device while driving a motor vehicle on a public highway is guilty of a traffic infraction and must pay a fine as provided in RCW 46.63.110(3).
(2) Subsection (1) of this section does not apply to:
(a) A driver who is using a personal electronic device to contact emergency services;
(b) The use of a system by a transit system employee for time-sensitive relay communication between the transit system employee and the transit system's dispatch services;
(c) An individual employed as a commercial motor vehicle driver who uses a personal electronic device within the scope of such individual's employment if such use is permitted under 49 U.S.C. Sec. 31136 as it existed on July 23, 2017; and
(d) A person operating an authorized emergency vehicle.
(3) The state preempts the field of regulating the use of personal electronic devices in motor vehicles while driving, and this section supersedes any local laws, ordinances, orders, rules, or regulations enacted by any political subdivision or municipality to regulate the use of a personal electronic device by the operator of a motor vehicle.
(4) A second or subsequent offense under this section is subject to two times the penalty amount under RCW 46.63.110.
(5) For purposes of this section:
(a) "Driving" means to operate a motor vehicle on a public highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. "Driving" does not include when the vehicle has pulled over to the side of, or off of, an active roadway and has stopped in a location where it can safely remain stationary.
(b) "Personal electronic device" means any portable electronic device that is capable of wireless communication or electronic data retrieval and is not manufactured primarily for hands-free use in a motor vehicle. "Personal electronic device" includes, but is not limited to, a cell phone, tablet, laptop, two-way messaging device, or electronic game. "Personal electronic device" does not include two-way radio, citizens band radio, or amateur radio equipment.




See last line. It IS Washington's law as I found it on the internet: _"PERSONAL ELECTRONIC DEVICE" quote: does -NOT INCLUDE TWO WAY RADIO, CITIZENS BAND RADIO, OR AMATEUR RADIO EQUIPMENT. (UNquote)!

I guess it DOES apply "here", eh? LMAO!

 

Yep. RCW 46 (Motor Vehicle code) are laws enacted by WA, not the Feds.

 

But your previous posts implied, or indicated, that YOUR state has some sort of restrictions on amateur radio. But they don't, so whassa the bigga deal, eh? It ain't gonna affect you, either. Now if you drive down the Coast a-ways, California might be a problem. And THAT'S why it needs to change. When the majority of states have already either exempted these two way venues, a few have vague and subject-to-interpretation on the spot laws, we need a clear, standard set of regulations that apply to OUR situation. THAT, my friend, IS the FCC which already exist, and the regulations, too, already exist. The states, tho they may try it, have NO real authority to restrict amateur radio, especially without FCC's express cooperation. Makes ya's wonder........well, maybe, just maybe, the states already KNOW they can't do it--at least, some of 'em do! (I just think you're just trollin' me fer the fun of it!) G'nite fer now!

 

I've stated only that states write their own motor vehicle laws (not FCC) and that ARRL stuck their noses in my state's legislature to exclude hams from distracted driving laws. However, they don't have to drive here as I do. As defined by the second letter in their abbreviation, FCC governs only communications, not driving.

As a driver in my state, it affects me. Now, in addition to others not paying attention to their driving, I have to also watch out for hams ragchewing while driving. Because traffic in my state has increased yuugely over the decades I've been driving (and its projected to get even worse), doing ANYTHING else while driving will become only more dangerous.

I get no pleasure from this.

 

Give me evidence, then, of any distracted driving that was directly attributable to the use of a two way radio in Washington state. It is also the historical advocacy of ARRL that has prevented many negative things from happening to the hobby. ARRL is what has most often intervened in most of the states whose laws now exempt two way radio of all sorts and not just amateur radio itself. Obviously, someone has already pointed out that two way radio has little, even nothing, to do with driving distracted, as well as the legal ramifications of tampering with Federal law. ARRL has been active in most all states who have now exempted amateur radio on their own.

The two issues, driving and the use of two way radios, are separate and distinct things; they have nothing to do with each other. So the state can certainly regulate driving (ONE issue), the FCC regulates communications and HOW they are conducted. (Another issue entirely) Federal law is almost NEVER superceded by a state law that creates a conflict of interest. States regulating, enforcing, establishing rules for amateur radio creates a conflict with the FEDERAL interests in maintaining a cadre of persons with an interest in electronics, a ready pool of communicators in time of disaster...... even stimulating invention and intrepreneurial (sic) spirit.

If there were clear evidence that the two way radio was an equally culpable perpetrator of "distracted driving", I would be the first to jump on the bandwagon. But that evidence does not exist, and no matter how much YOU may want it to exist, you cannot find it, and you, nor any other, can make it so! Perhaps your cause is well-intended, but it is based on opinion, not fact, nor are there other legal grounds for such laws. And tho I am not an ARRL member (thus far), I extend my thanks to them for their efforts on behalf of amateur radio. We ARE on the same side. Even yours!

73

 

I'm tired... I give up.

 

Me, too!