Discussion in 'Amateur Radio News' started by KA5ETX, Jan 11, 2019.
From where did you come up with that?
Can't hams figure out how to put their car in PARK or shut off the ignition?
"I certify I hold a current FCC Mobile Amateur Radio License, and I regularly operate the mobile radio equipment in each vehicle listed on this application."
Actually that section is a part of the definition of who the law does not apply to. Basically says that emergency services, a commercial operator or the driver of a school bus with no under 18 year olds on it is exempt form the law. If the commercial driver is prohibited by FCMS Section 644.01 from using a "personal wireless device" then he's fair game.
So, then don't train or plan around including them in your disaster/emergency response. There are plenty of other ways to put your radio skills to work in an emergency/disaster. Groups like AmRRON are training to work with citizens and local civic groups when needed and building up a national disaster radio network. Follow their lead. Form a CERT style group for your immediate neighborhood. Build it on the local Neighborhood Watch if you already have such a group or develop your own.
The FCC has issued decisions at the ARRL's request stating that there is "limited" preemption of state and local laws regarding amateur radio operations. There is NO complete preemption, as is the case in other fields. I can tell you as a lawyer that preemption is a complex area of the law, and Courts (and the FCC) will look to a long list of factors to determine if a particular ordinance is preempted. In this case, the legislators deleted language that would have exempted mobile ham operators from the law, which evidences a clear intent to ban them if this passes. Since the law will result in a total ban, it violates prior FCC limited preemption orders stating that states cannot do that. They can only pass laws that seek to LIMIT amateur radio operation IF and only if it is in the interest of community health and safety and complies with FCC policy. I think this statute does not because the legislators stupidly excised the language regarding Hams (you can see the strikeout in the text at the link above). Here is a link to a prior FCC order regarding preemption: https://www.fcc.gov/wireless/bureau-divisions/mobility-division/amateur-radio-service/prb-1-1985
Not if the restriction has the effect of preventing a Ham from operating completely. See my post above. That's my two cents as a lawyer, anyway.
Yes but the FCC's preemption is limited in this context, not absolute. Federal preemption has many flavors in the law and is often not absolute. See my post above. Also, states can exempt certain classes of people from a law's effects (law enforcement, truck drivers, first responders, etc. etc.) without any Constitutional equal protection issues, as long as they don't exclude a protected class expressly and can satisfy the relevant level of Constitutional scrutiny (likely only rational basis here, the lowest level since the law does not implicate any protected classes or other Constitutional rights, at least arguably).
Wow I was able to read it & understand exactly what they were saying & doing. no BS legalize.
Don't ever trust any Federal, State, County or city government. They say one thing and do the complete opposite!...The wording needs to be changed to have the exact words "Amateur Radio Operation" (or operators) ARE EXEMPT!...It needs plain simple English!