INDIANA- what about new hands free law?

Discussion in 'Ham Radio Discussions' started by W8AAZ, Jul 2, 2020.

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  1. AC0GT

    AC0GT Ham Member QRZ Page

    My guess is that this means they are not going to recognize Amateur radio licenses issued by Wakanda, Latveria, or Zamunda. What this means for people operating under reciprocal licensing rules is something that I would think is an interesting discussion. I'll guess further is that they didn't want Indiana law enforcement trying to look up licenses issued in foreign nations. Is this a person with an Amateur radio license issued by the FCC? Yes? Then they are good. Not in the FCC database? Then not so good.
     
  2. K7JEM

    K7JEM Ham Member QRZ Page

    The law also exempts CB operators who do not have a license that they can show, as well as other two-way radio users who will not have a license with them.

    Really has nothing to do with the license, has to do with the specific usage.
     
  3. AC0GT

    AC0GT Ham Member QRZ Page

    Reading the law it does not exempt all CB users, only those driving a commercial vehicle over 10,000 pounds. This doesn't cover just CB but any two-way radios installed in the vehicles. Taxi and limo services do not appear to fall under this exemption. School buses and semi trucks would be covered. UPS and other such light delivery trucks don't appear to be exempt. Are tow trucks commonly over 10,000 pounds?

    http://iga.in.gov/legislative/laws/2020/ic/titles/009/#9-13-2-177.3

    Amateur radio operators are not lumped in with CB operators, they are lumped in with commercial truckers. Since the law says the radio must be installed in the commercial vehicle then this would, as I interpret it, not include hand held radios like FRS radios. Amateur radio operators don't appear to have this limitation of it being installed in the vehicle.
     
    K0UO likes this.
  4. K7JEM

    K7JEM Ham Member QRZ Page

    That is interesting. I was going by the FAQ posted earlier which doesn't mention the weight limitation, just that CB and other radio equipment is exempted:

    upload_2020-7-2_23-35-49.png

    In any case, the FCC license seems to have little to do with the exemption, since it isn't even mentioned for other services in the actual law.
     
  5. K7JEM

    K7JEM Ham Member QRZ Page

    Just to contrast it with the exemption here in AZ:

    1. "Portable wireless communication device":

    (a) Means a cellular telephone, a portable telephone, a text‑messaging device, a personal digital assistant, a stand‑alone computer, a global positioning system receiver or a substantially similar portable wireless device that is used to initiate or receive communication, information or data.

    (b) Does not include a radio, citizens band radio, citizens band radio hybrid, commercial two‑way radio communication device or its functional equivalent, subscription-based emergency communication device, prescribed medical device, amateur or ham radio device or in‑vehicle security, navigation or remote diagnostics system.


    In the AZ statute, licensing of the radio isn't even mentioned. Since each state has their own laws, each exemption (or lack of exemption) will be different. In any case, it is not the license that makes the device exempt, it is the operation and usage of a specified device.

    Our law tells you what is defined, and what is not defined. If you have a radio that is undefined, I guess it could go either way. A GMRS radio doesn't really fall into either definition, but it is substantially similar to a commercial two-way radio enough that you would be hard pressed to tell the difference. It could be considered "functionally equivalent".
     
  6. K3XR

    K3XR Ham Member QRZ Page

    There have been similar threads on this topic in recent years. It's important to note that while the FCC regulates radio, the states regulate driving. There is no conflict. It might be a good project for an organization like the ARRL to publish a list of states with distracted driving laws and how that impacts mobile radio operation. Seems to me that most if not all exempt ham radio operation.
     
  7. WZ7U

    WZ7U Ham Member QRZ Page

    Lincoln?
     
  8. KP4SX

    KP4SX Premium Subscriber QRZ Page

    Tubman?
     
  9. K1OIK

    K1OIK Platinum Subscriber Platinum Subscriber QRZ Page

     
  10. WN1MB

    WN1MB XML Subscriber QRZ Page


    Thanks for that. At first I thought it was a police helicopter.
     

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