Breaking News: Amateur Radio Wins Exemption To Proposed IL. Distracted Driver Law

Breaking News: Amateur radio has been granted an exemption to a proposed Illinois anti-distracted-driver law that could have outlawed all mobile operation by anyone in the state other than emergency services. See exact text of Amendment item 7 below.

AMENDMENT TO HOUSE BILL 3972
(snip)​

(7) a driver using two-way or citizens band radio services or two-way mobile radio transmitter or receivers
for licensees of the Federal Communications Commission in the amateur radio service;


More on next weeks amateur Radio Newsline report. -- WA6ITF

 

exemption says citizen band and than says licenses..................does this mean if no FCC license...........CB'ers are not allowed in the exemption? I guess you need to be a lawyer.

 

It's rather badly worded but I guess it basically means all half duplex type radio use is exempt.

Certainly if hams are exempt so should CB and other "two way" radio use.

Different subject but some roadworks is going on near where I work. Last week they had a sign saying "Blasting. Please switch off all two way radios". Does that mean if I had transmitter only then it's okay to leave it on because that would be a one-way radio.

 

Dreux,

The clause makes use of the word "OR" two times which means that if any one or more of the three conditions are true, then the operation is exempted from the regulation. Perhaps this is somewhat a legalese but it is also consistent with normal American English grammar in this case.

- Glenn DJ0IQ and W9IQ

 

Still sounds technically incorrect to me.

A transmitter is not capable of two communications, neither is a receiver, so your thoughts of the 'ORs' being uses as an enumeration of specific exceptions just doesn't make sense to me.

 

So, to legally operate Chicken Band, will you need an FCC license? That may clean up the truckers and CB frequencies! Ya, right!
73,
Bill

 

It's just poorly worded. A better wording might be "any two way radio service authorized by the FCC, including citizens, amateur, and other land mobile radio services."

 

Hi Larry,

The OR clause condition is still true. The ability to realize the individual clauses in practice may be dubious but clearly all bases are covered. No doubt it could be stated with more technical accuracy but I don't think it will present any problems with field enforcement or in adjudication. Time to move on.

- Glenn DJ0IQ and W9IQ

 

Moving on, but not to Illinois.

 

Light in the hinterlands of the Badger State.
That didn't strike me as a difficult thing to interpret at all; not a lawyer & don't play one on TV but sometimes one has to just slow down and actually read words, since words matter.

What I find insane is that it's all pandering - there are already laws on the books to cite (and arrest if needed because of an accident) for distracted driving - way before cellphones back when it was just eye makeup and reaching for the ice-chest. I'll bet a brand new Type-31 choke that every line police officer hates these laws, because they don't need new ones. They just need latitude to enforce the laws already on the books.

Sadly, this is more than just an Illinois thing.

 

Class 'A' CB Is spelled GMRS and does require an FCC license.

 

Just as well there's no AND clause. We'd be getting into De Morgan's laws by now.

 

If you actually read Part 95, the part that partains to ll Meter CB as we know it, it IS licensed and governed by FCC. The only difference is, one does not have to have a paper license on one's person or in his possession. I do believe that this issue of Federal preemption and licensing of both CB and any other Federal licensee of two way radios is one of the reasons this (and others) state has chosen to exempt such services.

J

 

I can see the officer standing by the car of an alleged perpetrator, wondering "if it's four ORs and two NOTs and three ANDs then ...."

 

I think that a licensed operator would be exempt while operating citizens band. Hi Hi