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North Carolina is working on a "Distracted Driving" Bill

Discussion in 'Amateur Radio News' started by K4KWH, May 7, 2018.

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  1. WU4F

    WU4F Ham Member QRZ Page

    With HOA's and the like - seems like they're all out to get us - I'm anxious to see the first 7 band hexbeam installed on a Volkswagen - they'll be coming to take us away ha ha---:)
     
  2. K4KWH

    K4KWH Ham Member QRZ Page

    I may have the Bill # wrong, but the info IS UP TO DATE! From WSOC TV, a local TV station.

    • Lawmaker pushes for stricter law against distracted driving
      By: Mark Barber

      Updated: May 3, 2018 - 6:27 PM



      • Lawmaker pushes for stricter law against distracted driving
      RALEIGH - There's a new push in North Carolina to make it illegal for drivers to hold a cellphone while they're driving.

      State Sen. Jeff Tarte, R-Mecklenburg, is trying to pass the hands-free law because a similar bill recently passed in Georgia.

      "I'm excited what Georgia's done with the distracted driving and it gives us a little more impetus to continue our efforts here," Tarte said.

      Tarte thinks the similar bills he's filed before never made it out of committee because too many people were concerned the law would erode individual rights.

      The last bill he crafted was named after a Butler High School student.

      Brian Garlock was killed in a crash when he was on the phone and didn't see the trucks driving toward him.

      It's been 10 years, but his mother said Thursday the pain never fades.

      "The empty chair at our table, it never goes away,” Tammy Garlock said. “Every occasion, every daily event -- our daughter got married last November -- her brother was conspicuously absent and it didn't have to be that way."

      She said she's encouraged North Carolina lawmakers are now trying to model a new hands free bill after the one that was passed in Georgia.

      Motorist Jaquetta Onque said she knows it's dangerous but she still gets distracted.

      “I'm on Facebook when I drive sometimes,” Onque said. “I know, I know."

      However, she's in the same lane as safety advocates.

      "I think that would be a good idea to help people," Onque said.

      If the bill is passed, Tarte said insurance companies could lower premiums for every driver in the state anywhere from 5 to 25 percent because they think there would be so many fewer crashes.

      Tarte is planning to drum up support for the next seven months so he can introduce the hands-free bill when lawmakers meet for the next session in Raleigh in January.

      Officials from 13 of 15 states that have passed similar legislation said they've seen a 16 percent decrease in deadly crashes.

      This *CURRENT* bill would have, as written, prevented the use of amateur radio in its entirety, and contained NO exemption for amateur radio. I, immediately upon learning of this Bill and reading it, called State Senator Jeff Tarte's office. I was told that a revision EXEMPTING amateur radio is in the offing for the final Bill. I am still attempting to get input from FCC regarding a possible Federal exemption for hams AND commercial Two way users. Obviously, with the State Bill, hams were already watching this and lept into the fray at once!
    • Just remember: Just because YOU don't think it is happening doesn't mean it isn't! I get the local Charlotte news, ya know!;)
     
    Last edited: May 10, 2018
  3. K4KWH

    K4KWH Ham Member QRZ Page

  4. K4KWH

    K4KWH Ham Member QRZ Page

    I believe that would be an ILLEGAL law that will have to be tested in Federal Court. Palm Desert, CA attempted to do this within their town limits, prohibiting amateur radio transmissions there within. It got thrown out, I believe, because it WAS contested, and warned by FCC(?). This is what I am trying to do--if I ever get a reply from the Licensing Bureau. I still believe that such laws go against the intent of Congress and of FCC (See FCC Docket/Brief 91-36. FCC's support of Mobile Amateur operations is quite direct--blunt even. This can, and I believe, WILL be brought to bear as Precedent in a future action against such local jurisdictions who attempt to supercede FCC's oversight of radio communications. Indeed, it NEEDS to be! We (amateurs) have technical proof, procedural proof (use), history and precedent in our favor. There is NO reason for states to MEDDLE in amateur radio--or any other two way radio, for that matter!:( Two way radio simply has almost NO impact on distracted driving. Anyway, I'm trying to find out. I have cited 91-36 and current Federal rules + FCC's very direct support for our mobile operations. Wouldn't it be nice to have a Federal exemption thru out the nation to prevent fat-bellied cops from padding their ticket quota with unnecessary tickets? I think so!
     
    KP4SX likes this.
  5. ND6M

    ND6M Ham Member QRZ Page

     
  6. W7EAZ

    W7EAZ Ham Member QRZ Page

    The latest and greatest mobile radios have screens that are so busy AND so small that to me would consider it distracted driving changing channels on anything but a crystal controlled TWO-er.
    Be realistic. I've had my multi-freq on scanning several local repeaters and it's a long time between QSOs with anyone.
    About the only time I'd be talking to someone is if I'm caravaning with one of my ham buddies.
    Hey, don't get me wrong. Thank you to those that are keeping my microphone-in-hand available. If we're driving and you don't hear me it's because you QSYd and I'm not looking at my radio to follow you.
     
  7. K2NCC

    K2NCC Ham Member QRZ Page

    Amen. A couple seconds distraction with your mobile rig is no less a risk than checking that text-message on your cell-phone.

    Although I've supported hams in the pursuit of exclusion in the various hands-free laws, it's no less a distraction. All it takes is a couple seconds of inattention to kill you.

    Capture.PNG

    That pointless no-traffic-net or QSO with a buddy isn't worth it.
     
    NH6RF likes this.
  8. WY7RF

    WY7RF Ham Member QRZ Page

    I keep the radio on the same frequency 90% of the time. I don't even have to look at the radio, mic, or mic hanger. Haven't been in an accident in decades, and my car doesn't have all these fancy sensors to warn me that there is a car next to me. I just drive within conditions. I don't need some leftist nanny state to place more laws on me. It's all about freedom.
     
    N0NC, W4QBQ and KK6VLV like this.
  9. VE3CGA

    VE3CGA XML Subscriber QRZ Page

    personally I think of cell phones as a social disease.
    its not just driving
    I had several incidents where I was up a ladder 1/2 way up in a hospital ceiling and had some dolt walk into the "big yellow" ladder
    while totally immensed into their tiny toy. oddly it never happened when I was installing on construction sites, guess workplace safety was being observed
    or
    in a store (I wont say wal****) had people walk right into me or the grocery cart fixated on the dumb cell

    of course the distracted driving is huge, used to drive 2x every day on the 401 corridor and witnessed countless drivers who
    were driving probably worse than drunks
    I think RAC did or tried to do some research with insurance companies on the number of hams who were involved in accidents or charged
    It cant be very high
    RAC was able to have the ON traffic act ammended but I think if you're seen with a mic in hand or an extra antenna on the vehicle you'd be targeted anyway, then have to go through a bunch of legal hoops to prove you weren't guilty.
    I used to mobile quite a bit when I had the mini van but until I can get bluetooth to work with my ham stuff in the KIA like it would with a cell phone, I won't bother. It was pretty slick when I had a cell phone, just press the phone button on the steering wheel and say call then the number. I would have thought there would be something out on the market that hooks into the ptt, spkr and mic that would work thru the car. there were devices a few tears ago before the cell disease became epidemic

    too bad it affects all of us, whether we are just hamming, listening, doing volunteer work or weather reporting.
     
    N0NC likes this.
  10. K4KWH

    K4KWH Ham Member QRZ Page


    PROVE IT! WHERE was all this "distracted driving" in the heyday of CB radio--a time when thousands of CB sets were installed in cars? The cell phone hadn't even been invented yet. IF the use of a two way radio (mike) would have caused a problem it would have done so during that time. When the cell phone came along, suddenly it was like a teat the public simply cannot turn loose of; they became ever tied to that "social media nipple". Two way radio convos are usually of short(er) duration. They do not involuntarily make it so the user becomes unavoidably tied up in the FLOW of two-way (duplex) activity and just cannot turn loose of it. The duplex nature of the cellphone is what causes the problem whereby the phone DEMANDS that you neglect the driving and focus on the phone. The two way radio does NO SUCH THING.
    There is a glaring difference. If you're going to "punish" something, then "punish" (restrict) that which is causing the problem, NOT the innocent two way radio ops!

    So far, no matter. Most of the states in which ARRL and others have intervened to EXPLAIN these differences have exempted amateur radio anyway.
     
    N0NC, W4QBQ, KK6VLV and 2 others like this.
  11. K4KWH

    K4KWH Ham Member QRZ Page

    And if we should "lose" our fight to keep amateur radio OUT of the hands of Bubba states, then if fat-bellied cop drives off in the lake--WHOOPS! Waaaaaaal, sorry old fella, I can't use my lawfully licensed radio to help you get out. Ya jist kin use your cellphone to call the wrecker!:D:D ...........................AFTER it dries out!!!;):D:D
     
  12. K4KWH

    K4KWH Ham Member QRZ Page

    NO I don't have a "linky" since this issue cropped up prior to 2014. It was discussed HERE. Apparently PD, CA was about to enact a prohibitive ordinance banning the use of ANY two way radio within their city limits. If memory serves it resulted from a dispute over so-called "interference" and a neighbor vs a ham. The city was going to try to ban the ham's operation, found that PRB-1 stood in the way. So they then attempted to ban amateur radio altogether within the city limits. Found they couldn't do that, either. So now they just have the antenna zoning ordinance like most other cities.
     
  13. AI5DH

    AI5DH Ham Member

    Proof is everywhere, all you do is look. Cell Phones (aka Distracted Driving) has taken over the #1 cause of automobile crashes and deaths from Alcohol and Drugs. Like you said CB's were in the thousand's, not even a drop in the bucket compared to 100's of millions cell phones. Ham radio just adds more Distracted Driving.Yes CB's killed a lot of people. Lots of Distracted truckers have killed thousands.

    Try learning the facts.
    390,000 injuries each year caused by Distracted Driving. 1 in every 4 crashes by distracted driving. 3526 fatalities in 2015 from Distracted Driving.

    Some more from CDC
    Everyday 9 people killed and 1000 injured from Distracted Driving

    NHTSA
    AAA
    NSC

    You wanted proof, there you go. Pull your head out of the sand and do your own homework.No exemptions for Hams. You are nothing special.
     
    Last edited: May 11, 2018
    K2NCC likes this.
  14. K2EZ

    K2EZ Ham Member QRZ Page

    Yet cell phone users are able to touch or swipe to initiate a call and get free pass for hands free despite data showing hands free doesn't reduce the risk and no data showing significant risk posed by 2 way mobile use. Some hams want to ban mobile ham radio however yet believe cell phone use is fine if "hands free"
     
  15. K4KWH

    K4KWH Ham Member QRZ Page

    Cell phone, cell phone, cell phone, CELL PHONE! Now show me the Stats in this, or other, article that even MENTION the two way radio? They don't!!! WHY? Because it is the CELL PHONE that is causing the problem! THAT is what I
    ASKED for. I HAVE done the homework! Your link mentions ONE thing: cell phone, cell phone, cell phone!The data that is THERE shows ONE THING: THAT IT IS THE CELL PHONE THAT IS CAUSING THE TROUBLE! Where the two radio is even mentioned it shows that any distraction caused is MINUTE in comparison. Like I said: Bring the statistics on the IMPACT of TWO WAY RADIOS on distracted driving and I'll hush. I don't think you can!
     
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