ad: Retevis-1

New Jersey's revised cell phone law

Discussion in 'Amateur Radio News' started by KC2GMN, Mar 4, 2008.

Thread Status:
Not open for further replies.
ad: L-HROutlet
ad: l-rl
ad: abrind-2
ad: Radclub22-2
ad: Left-3
ad: Left-2
ad: L-MFJ
  1. N8PU

    N8PU Ham Member QRZ Page


    But that would require using something called common sense... :eek: Which at times seem to be in short supply. :(
     
  2. KB2VXA

    KB2VXA Ham Member QRZ Page

    "Why should hams have any more right to drive with distractions than average Joe?"

    Because when we first became aware of the bill we SPOKE UP and nipped it in the bud!
     
  3. K0PKE

    K0PKE XML Subscriber QRZ Page

    No, officer, this is an Amateur Radio modified to operate on the CB band!

    How's it going, Warren?

    Dave
    (N3ZJY, formerly KB2YCE)
     
  4. KB3AFZ

    KB3AFZ Ham Member QRZ Page

    Nj Law

    Hope that wasn't aimed at this driver. My Ham radios are Ham Radios and my Uniden pro510 is a CB.

    C ya
    Randy
     
  5. KB2VXA

    KB2VXA Ham Member QRZ Page

    "No, officer, this is an Amateur Radio modified to operate on the CB band!"

    And I thought it was a locomotive radio modified to operate on 2M. (I had a Micor with Canadian National stenciled on it.) Pretty good Dave, it's been a long time since Cherryville.

    No Randy, we're not talking about you unless you drive a GP40-PH2.
     
  6. G0ORC

    G0ORC Ham Member QRZ Page

    Welcome to the UK

    Hi everyone,

    Just a warning for those of you who operate in the UK - don't try and make a differentiation between anything that the law says distracts you. It won't wash here.

    Mobile (cell) phone, CB, PMR (personal mobile radio) and AR are all included. It even covers hands-free mobile (cell) phone installations if it is considered that you were not properly in control of your vehicle.

    Even if you are changing a radio station or a CD in your car while moving you may well find yourself in trouble if you are involved in a moving traffic offence.

    Oh, by the way, the nanny state - if you think that you have a problem with people telling you what you can or can't do, then try living here. Put away your romantic images of the UK and listen to this.

    We are told how much we can drink, eat, smoke, drive (and how fast), how much exercise we must take (even to the extent of the possibility of medical care being denied if you are too fat). Theres no smoking in any confined place, no drinking is pre-designated open spaces, no advertising of "unsuitable" foods before 2100 at night, just to make sure the little children ain't corrupted into eating something that may have a little bit of fat in it.

    And this is just the thin end of the wedge - just wait until our government changes colour, as it will at the next election. Just watch the nanny state really start to take a hold.

    VInce G0ORC




     
  7. HB9ASQ

    HB9ASQ Ham Member QRZ Page

    NJ Cell Phone Law and "Police States"

    I am a native New Jerseyan and I resent my state being called a "police state". NJ is the most densely-populated state in the union, and it requires every bit of concentration to drive its congested roads. I agree with one of the previous comments that if we're completely fair and objective, what special rights should hams have to be exempt from the law? And please don't come with an "emergency communication" argument. Living in a populated state or country requires more rules and regulations to avoid chaos. If you want to experience what police states are *really* like, come to Europe! There's a rule and regulation for every aspect of life. And HB9-Land is still among the freest of them all! Having said all of this, I can assure you that America is headed the same way and for the same reasons. Not all the country lives in Texas and Montana. Furthermore, I can assure you that if European-type security and control measures had been in place in 2001, 9/11 could never have heppened.

    As tough as it might be, get used to it. Welcome to the world - the real one.

    73,

    Bob HB9ASQ / WA2UPQ
     
    Last edited: Mar 5, 2008
  8. M0ZCW

    M0ZCW Ham Member QRZ Page

    Statutory Instrument 2003 No. 2695

    The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003

    © Crown Copyright 2003

    Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

    The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

    It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

    The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003, ISBN 0110480171. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.

    Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

    To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
    STATUTORY INSTRUMENTS

    2003 No. 2695

    ROAD TRAFFIC

    The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003

    Made 20th October 2003
    Laid before Parliament 27th October 2003
    Coming into force 1st December 2003

    The Secretary of State in exercise of the powers conferred on him by section 41(1) and (5) of the Road Traffic Act 1988[1], and after consultation with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations:

    Citation, commencement and interpretation
    1. These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003 and shall come into force on 1st December 2003.

    Amendment of the Road Vehicles (Construction and Use) Regulations 1986
    2. The Road Vehicles (Construction and Use) Regulations 1986[2] are amended by inserting after regulation 109 -

    " Mobile telephones
    110. - (1) No person shall drive a motor vehicle on a road if he is using -

    (a) a hand-held mobile telephone; or

    (b) a hand-held device of a kind specified in paragraph (4).

    (2) No person shall cause or permit any other person to drive a motor vehicle on a road while that other person is using -

    (a) a hand-held mobile telephone; or

    (b) a hand-held device of a kind specified in paragraph (4).

    (3) No person shall supervise a holder of a provisional licence if the person supervising is using -

    (a) a hand-held mobile telephone; or

    (b) a hand-held device of a kind specified in paragraph (4),

    at a time when the provisional licence holder is driving a motor vehicle on a road.

    (4) A device referred to in paragraphs (1)(b), (2)(b) and (3)(b) is a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data.

    (5) A person does not contravene a provision of this regulation if, at the time of the alleged contravention -

    (a) he is using the telephone or other device to call the police, fire, ambulance or other emergency service on 112 or 999;

    (b) he is acting in response to a genuine emergency; and

    (c) it is unsafe or impracticable for him to cease driving in order to make the call (or, in the case of an alleged contravention of paragraph (3)(b), for the provisional licence holder to cease driving while the call was being made).

    (6) For the purposes of this regulation -

    (a) a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function;

    (b) a person supervises the holder of a provisional licence if he does so pursuant to a condition imposed on that licence holder prescribed under section 97(3)(a) of the Road Traffic Act 1988 (grant of provisional licence);

    (c) "interactive communication function" includes the following:

    (i) sending or receiving oral or written messages;

    (ii) sending or receiving facsimile documents;

    (iii) sending or receiving still or moving images; and

    (iv) providing access to the internet;

    (d) "two-way radio" means any wireless telegraphy apparatus which is designed or adapted -

    (i) for the purpose of transmitting and receiving spoken messages; and

    (ii) to operate on any frequency other than 880 MHz to 915 MHz, 925 MHz to 960 MHz, 1710 MHz to 1785 MHz, 1805 MHz to 1880 MHz, 1900 MHz to 1980 MHz or 2110 MHz to 2170 MHz; and

    (e) "wireless telegraphy" has the same meaning as in section 19(1) of the Wireless Telegraphy Act 1949[3]."



    Signed by authority of the Secretary of State


    David Jamieson
    Parliamentary Under Secretary of State Department for Transport

    20th October 2003


    EXPLANATORY NOTE

    (This note is not part of the Regulations)


    These regulations amend the Construction and Use Regulations 1986 by inserting a new regulation 110.

    Regulations 110(1) and (2) prohibit a person from driving, or causing or permitting a person to drive, a motor vehicle on a road if the driver is using a hand-held mobile telephone or similar device. Regulation 110(3) prohibits a person from using a mobile telephone or similar device while supervising a holder of a provisional licence at a time when the provisional licence holder is driving a motor vehicle on a road. It is an offence under section 42 of the Road Traffic Act 1988 to contravene these regulations. Regulation 110(4) provides a definition of devices that are considered similar to hand-held mobile telephones for the purpose of these regulations. This definition excludes two-way radios.

    Regulation 110(5) provides that in specific circumstances a person will not breach the regulation. Where a person makes a call to the emergency services on 999 or 112 in response to a genuine emergency where it is unsafe or impracticable for him (or the provisional licence holder) to cease driving while the call is being made, the regulation is not breached.
     
  9. N3VBN

    N3VBN Ham Member QRZ Page

    I would expect nothing less from the state where you can't pump your own gas or make a real left turn
     
  10. W2JKT

    W2JKT Ham Member QRZ Page

    The exclusion is likely because the State has no authority to restrict operation of Amateur Radio. Amateur Radio is a federally regulated service over which New Jersey has absolutely no jurisdiction.
     
  11. W2JKT

    W2JKT Ham Member QRZ Page

    Show me where the Federal Government gives New Jersey the authority to regulate use of Amateur Radio.

    ...


    Didn't think so...
     
  12. KB9WXL

    KB9WXL QRZ Member


    Thats never a good position to be in , it's best to shut up , listen , and maybe he will just let it go, if not and should he make an issue of it , thats why we have lawyers , look at it this way , you could use the money from the lawsuit to buy new radios.:)
     
  13. N9MOQ

    N9MOQ Guest

    The next logical step, would be to make Driver's licenses and laws under the Federal government as well. For the same reason and mess that would be caused if we allowed each state to issue radio licenses and make their own laws about transmitting radio, we need to stop the mess of each state making their own driving laws and licenses.

    It would be very simple for the Federal government to incorporate ONE rule for ONE country about the use of radios and cellphones while driving, so citizens don't have to memorize dozens of contradicting laws.

    And it gets worse. Cities, villages and towns are making their own laws and ordinances against seat belts, cellphone use, etc. So even if a state lets you do something, you might drive through a town that will fine you for it.

    What a mess.
     
  14. K1CJS

    K1CJS Ham Member QRZ Page

    If I'm not mistaken, a law of that type IS on the books. I believe there was a ham who had a scanner and transceiver in his car and got ticketed for just that reason. It took him one or two trips to court AND the services of an attorney to get the ticket nullified. The attorneys arguement was based on the fact that only the FCC can regulate ham transmitters and the scanner was being used for ham radio/emegency management/weather spotter purposes.

    That ham won, but it still cost him time lost from work, transportation costs and legal fees. I believe the law has since been changed to exempt ham radio licensees, but I'm not sure.
     
  15. K5CO

    K5CO Ham Member QRZ Page

    talking and driving

    If you are driving in traffic and chatting on you little toy radios, you're an idiot. Don't give me that stuff about being under control; your vehicle has a distracted driver that is also stupid.
    If you have a call to make, pull off the road. :eek:
     
Thread Status:
Not open for further replies.

Share This Page

ad: MyersEng-1