Texas HAMS Alert - SB 43 Pending in Texas Senate

KB5LIP: Please understand that this bill does not ban the use of amatuer radio in vehicles. What it covers is explicitly spelled out in 47 USC Section 332(c)7(C)(i). This defines the equipment as being wireless devices used in public use commercial service when in motion and not being operated via hands free capability. Amatuer radio by definition is not a commercial service. It also exempts text and voice dispatch systems used by commercial operators that are permanent installations in vehicles, as long as the operation is not specifically prohibited by FMCS rules or company rules.

 

It doesn't specifically military comms. And they simply cannot do that anyway. The problem comes from BUBBA cops who do not KNOW what either the Federal law regarding amateur radio IS, the sole authority of the military, or government, agency involved is. The "restriction" comes as a result of confusion over what the radio actually IS, and whose jurisdiction actually applies. This is why I have asked for a Ruling from the Wireless Bureau (Scott Stone) to provide a blanket, Federal, Ruling that removes any confusion, and provides guidance TO states seeking to enact local laws WRT distracted driving.

 

I already AM "involved" in disaster communications--just not under civilian regulations. Because of this, it is one of the reasons I am so strongly against local laws that meddle in communications. Mainly, it goes to "confusion" that may result from local LEO's not being able to distinguish between civilian and other forms of communications. IOW, cops writing tickets and telling the "offender" who is actually not "offending" anything, to "tell it to the judge". Meanwhile, he, perhaps, while being detained in this way, is late to a mission or disaster. IMHO, local authorities have no business sticking their noses in communications matters, or attempting to supercede Federal law.

 

It IS the cell phone that is the culprit here, not the two way radio. They are two different animals altogether! Ignorant little turkeys thinking they are "doing something" are accomplishing nothing. I still say that, being that the two way radio is DIRECTLY licensed TO the operator/station and that the RULES pertaining thereto are FEDERAL. Further, these rules as now written, and codified in court proceedings, ALLOW and ENCOURAGE the use of mobile (amateur) radio, and attempts by a state to abrogate, restrict, preven the use of same are overreach and the FCC is not going to allow it. We must still, at the state and region level, continue to be active in responding to these local stupes, and stopping such laws from being passed before one or more of us have to be in court to test their laws!

 

Why is it that Amateur Radio Operators think because we have a license that we are safer drivers than everyone else? We have no special driver training & very few contacts from the mobile are Emergency Related in any way. One thing being exempted for the handling of Emergency Traffic but just for general run of the mill daily BS sessions it can be just a bad or worse than Texting & driving if you are spinning a VFO or changing bands because it does require taking your eyes off of the road so that you can see the radio display in many cases. Yes I have a mobile & there is a similar bill being considered in Florida where I live at this time & if it passes it's not a big deal. Reminds me of the old story about The Sky Is Falling. LOL I think lives are far more important than County Hunting or whatever else you may be doing.

Clayton
W4KVW

Lets see with current Licensed Amateur Radio Operator membership at around 30% Nationally in the ARRL how many dues paying members is that in Texas? Couple of hundred maybe? LOL It's funny that people actually think the ARRL has any say so since they are even more powerless than the Toothless Lion aka:FCC. Thanks for the laugh is is some good medicine I must say. hehe haha LOL {:>)

Clayton
W4KVW

 

He is the ARRL Vice Director for your division (West Gulf) , and he's the one you should contact . His information is on QRZ , ARRL .org . If something needs to be changed in the Texas Legislature , he's the one who knows how to do it and who's ear to bend , since he did it the last time (he go it reworded to give us an exemption) .

If your going to live inside the borders of Texas and operate an Amateur Radio , and your really concerned about this, you should make it your business to know who he is.

 

Oh its tons of idiotic crap on the books here in Texas! If this passes I am done! Moving ASAP!

 

Good luck finding someplace to move to that does not have tons of idiotic crap on the books.

 

They are.

 

Or maybe it was crossed out because the proposed bill already references a definition that already exempts licensed amateur radio operators. This bill is not yet up for vote and will continue to be edited.

 

He came up with that because it is stated in the application for the plates that you must have a amateur radio in the vehicle, I live in Texas and I have had Radio operator plates in the past. He is correct.

 

All y'all really need to do is understand that amateur radio is not governed by part 47. The proposed law spells out devices under part 47cfr are involved. That being said , those of us who like living in Texas , still free for the most part , should contact their representatives just so they know we ARE watching. And those who don't live here ,find your own fight to enter the canine of your choice. Please ----calm down ---- read , understand , and think before jumping to reactionary conclusions.
73, KM5QS
ps: quit ragging on the police officers , they will protect you even if you don't deserve it.

 

It's in the Motor Vehicle code for Texas.

 

Apparently, the sarcasm of my comment escaped you.

 

Really...any references to that?