Mobile Handheld Device/Amateur Radio Laws by State?

Discussion in 'On the Road' started by W3TPL, Dec 27, 2016.

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  1. K4KWH

    K4KWH Ham Member QRZ Page

    Where I am coming from is (in part) FCC Amicus Brief 91-36 filed on behalf of amateurs during the court case regarding seizure of amateur radio equipment which unabashedly stated FCC's support for mobile amateur use. FCC did not mince words in this, and I believe it could be used to blunt this. Use of random electronic devices IS a major cause of distracted driving. If two way radio was a significant part in distracted driving, it would have done so during the CB craze. Cellphones had hardly gotten hold during this time, and there was no "distracted driving" on the radar. IT IS WITHOUT a DOUBT the cellphone, games, texting that has caused this problem. So, yes, go after that which is causing the problem; don't PUNISH the innocent along with the guilty. That is simply wrong. And I would deeply, deeply resent the addition of feel-good laws by mealy-mouthed little politicians that know sh** from shinola about radio, but they think they do. And I refuse to sit still for it!~:mad: When this comes to my state, I will be right up there in Raleigh knocking on doors and and making phones ring! This is the most lame-brained idea from gubmint idiots to ever hit the pike. And I am also about to contact certain *other* entities to alert them to this coming situation. I want a ruling from USAF Frequency MGT and NTIA on any state that attempts to interfere with mobile operations that are operating under the authority of AF Comms. I like to help people, but it would be very tempting to watch a cop drive off in the lake and shout at him as he is floating, "Sorry, fella, I wish I could call for help on my radio, but you guys wanna give me a ticket for it, so I guess your car can just sink!!!! Naw, the whole thing is stupid and makes me mad!:(
  2. KG5FCO

    KG5FCO Ham Member QRZ Page

  3. KV6O

    KV6O Ham Member QRZ Page

    Your confusing the right to have a radio in your car (which was addressed in 91-36) with the right to OPERATE while DRIVING - which is what is being discussed here. That is an issue that the states control - not the feds.

    You can operate whatever you want as a passenger. Distracted driving laws are about what you are doing WHILE DRIVING, whether this is eating a hamburger, texting a friend, watching TV, doing your hair, operating a mobile radio, etc. I don't think operating a half duplex radio is any more complex than having a conversation with a passenger - but it's not a federally protected action. It's up to the states to make the determination, and up to us - as hams - to show how operating a 2M radio isn't the same as talking on a phone.

    Hands free is another issue, you can operate a phone, or a 2M radio hands free if properly equipped in states with hands free laws

    All of this is good debate, but the FCC, NTIA, USAF, etc., have little to say about citizens operating motor vehicles.

  4. AD5MB

    AD5MB Ham Member QRZ Page

    google scanner laws
  5. W3TPL

    W3TPL Premium Subscriber QRZ Page

    I have... many of them don't mention transmitting. It's generally in the hand-held cell phone laws that these pop up, making either an exception for amateur radio, or simply ignoring the issue altogether, making it unlawful in some cases.
  6. W3TPL

    W3TPL Premium Subscriber QRZ Page

    Agreed 100%. If done responsibly, it should be a non-issue. Just not something I'm willing to gamble my driving record on proving.
  7. AL4Y

    AL4Y Ham Member QRZ Page

    The Alaskan distracting driving law explicitly allows talking on a cell phone while driving, but you can't text, watch TV, or use a computer for purposes other than navigation. Here's a synopsis:
    It's mum on use of two way radios. However, mobile ham radio is encouraged. The state will give you a free callsign license plate and waive the vehicle registration fee if you install an HF setup in your vehicle.
  8. N2PQW

    N2PQW Ham Member QRZ Page

    Hi Tim,
    I know it's been less than a week, but just wondering if you've had a response yet from ARRL. Any news on this front?
    THANKS for taking the lead on this!

    David / N2PQW
  9. W3TPL

    W3TPL Premium Subscriber QRZ Page

    Nada yet... I'll give them a few more days and see if I can follow up with a phone call.
    N2PQW likes this.
  10. N2PQW

    N2PQW Ham Member QRZ Page

    Since Windsor, Ontario is practically a stone's throw away from here, I thought I'd see what the rules are in Canada. It turns out that the Radio Amateurs of Canada, their equivalent to our ARRL, has compiled a list of Distracted Driving Regulation links at the Provincial level (not cities nor municipalities), and has published the links on the website:

    Note; these are not in summary form, but are links to the actual Provincial / Territorial published regulations, so be prepared to read in 'legal' language.

    Here's also a brief newsletter story about how they have helped to shape the laws to allow Amateur mobile operation, where permitted:

    ARRL has, on their website, published an appropriately worded lobbying letter to be used when helping a jurisdiction craft their laws,
    Mobile ARS Policy 2014 October.pdf , but I can't find a set of state or local regulations (or links to them) in the same manner as the RAC has provided.

    Still looking forward to the ARRL response.

    Thanks again!

    David / N2PQW

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