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

Discussion in 'Amateur Radio News' started by K6ZOO, Oct 27, 2016.

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  1. K4KWH

    K4KWH Ham Member QRZ Page

    This is precisely what I have been saying all along. Where is ARRL in this now? Has anyone called them to learn their position on this? (I'm not a member). I still say this is a (missed?) opportunity to test/defy the states on their little piss-ant laws that do nothing to solve a problem! First of all, the states certainly have a right to govern the behaviors of drivers (speeding, reckless driving, drivers' responsibilities WRT accidents), but when it comes to directly countering US law, THAT, is another matter. First of all, Mobile operations of two way radio has not only been permitted by US law for 60+ years. it has been actively encouraged and supported by FCC, and there is precedent recorded into the Federal Record to back it up. (See FCC 91-36) Court cases are based on PROOF, and the burden of proof will be on the state to PROVE that the use of a microphone has caused "distracted driving" to the extent that a "law" is needed. They would be asked to justify their overstepping of FCC's authority whose governance of amateur and other types of LICENSED two way radio is based on the Communications Act of 1934. They would then shown the numerous cases of said distracted driving, and made to show that the two way radio has ANYTHING WHATSOEVER to do with this issue. The court would then be shown explanations in the DIFFERENCES in operation of two way radio vs that of a cellphone ( simplex vs duplex). Then one would introduce into evidence FCC document 91-36, read in its entirety. Particular attention would be paid to those paragraphs where FCC unequivocally stated its undiluted support for MOBILE AMATEUR RADIO, and its use while underway.

    OK, Kalifornia.......go ahead and drive off Donner Pass! See if *I* stop- to help ya's!
     
  2. K4KWH

    K4KWH Ham Member QRZ Page

    Just get the independent truckers to boycott Kalifornia. Refuse to deliver their groceries. See how long THAT lasts!
     
  3. W5TTP

    W5TTP Ham Member QRZ Page

    What? CW ops screwed whilst those of EMCOMM status get to continue to 10-4?

    We migrated from CA 14 years ago. As refugees, we were blessed to be accepted into society by the patriots residing in the Republic of Texas. God bless Texas and amateur (not H.A.M., or hambo) radio.

    chuck
     
  4. K4KWH

    K4KWH Ham Member QRZ Page

    HOLD THE "PHONE"! I just got off the telly with HQ CHP!!!! It does nothing to do with our two way radios!!!!!!!!!~ It applies to cellphones and wireless consumer devices ONLY. WE may now stand down from DEFCON2! :p:p:p:p:p:p (For now!)
     
  5. KR6AUL

    KR6AUL Ham Member QRZ Page

    I have heard many local hams here call the CHP and they said the same thing. So for now, I will stand down...back to condition Hamcon
     
  6. WU6X

    WU6X Premium Subscriber QRZ Page

    Well ... the simple answer is that our legislature doesn't give a damn about the occupants of the state; only what the unions (State and Teachers) want. We need a "house (and Senate) cleaning" here, so to speak. We're getting screwed on gun laws too ... of course, this will definitely make it harder for the bad guys ... right!
     
    W6GRD likes this.
  7. W6GRD

    W6GRD Ham Member QRZ Page

    The fact that a LEO may interpret the laws as written one way does not mean another LEO won't have a different interpretation.
    The senior LEO that has seen PTT/Radio activities is vehicles for 20+ years thinks nothing of it. The newly minted LEO could certainly take the law as written and apply it PTT/Radio scenarios, cite and "let the judge decide".
     
  8. K4KWH

    K4KWH Ham Member QRZ Page

    IN such case, then I would do everything I could to call out said LEO during the court proceeding and make him out the buffoon he is!

    Seriously, this is a matter of concern still! Because sooner or later a city, county, or state is sure to decide that they are the ruling "law" regarding our two way radios. They have been shot down before (see, I believe, Palm Desert who summarily ruled that amateur/CB radio could not be used within their [sniff, sniff] town limits. Period. That, and several other local (yokel) ordinances were shut down pretty quick by FCC. This is no different. We (ARRL?) should find out now how far local jurisdictions can go in "regulating" two way radio. Having a ruling from FCC as to same could come in handy when future local ordinances raise their ugly heads!
     
  9. KA9JLM

    KA9JLM Premium Subscriber QRZ Page

    For enforcing the law ?
     
  10. KA4DPO

    KA4DPO Premium Subscriber QRZ Page

    California used to be great. As a kid in the 60's and a young man in the 70's we could do almost anything we wanted, it wasn't crowded and there was not a bunch of stupid legislation on the books to protect us from ourselves. My family all live there along with our oldest daughter and even they don't like it anymore. For years I spent at least 8 weeks out of every year in California at various Army and Marine Corps installations so I visited my folks in Laguna, my brother and sister in Pismo, and my daughter in San Diego pretty often.

    I started to notice the up tightness around the late 1980's when Nancy Pelosi came along and started dispensing nanny state law. In spite of the nice weather in San Diego I have no desire to move back to Southern California ever. The taxes are ridiculous, it is way too crowded, and there are far too many a holes for me. I prefer the relative quiet of Arizona or even Nevada. They don't even sell 93 octane gas in California and that is just totally wrong.
     

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