What a dance!
I have contended from the beginning there can be no lasting resolution until there is legislative or executive action to specifically exempt licensed amateur radio operation.
As the law stands now, there is no specific exemption for amateur radio operation. ARRL reluctantly confirms this but is taking no action to remedy the problem.
73, Don, W6YN
-- <michael(a)reynoldsoffice.com> wrote:
This was posted on the ARRL site today:
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California Hands-Free Law to Go into Effect July 1; Ham Radio Not Affected
Says Counsel
A new California hands-free cellular telephone law goes into effect July 1,
2008. It, like many others around the country, prohibits using mobile
telephones while driving unless a hands-free device is utilized. ARRL has
received numerous questions about its application to the use of mobile
Amateur Radio stations by licensed amateurs. The law, in relevant part,
states as follows:
"23123. (a) A person shall not drive a motor vehicle while using a wireless
telephone unless that telephone is specifically designed and configured to
allow hands-free listening and talking, and is used in that manner while
driving."
ARRL General Counsel Chris Imlay, W3KD, advises that "The definition of
prohibited behavior in California's recent statute does not include a
prohibition of operating a mobile, licensed Amateur Radio station while
driving, because Amateur Radio transceivers are not telephones. While ARRL
cannot guarantee that this statute will not be interpreted by law
enforcement officers or the courts of California more broadly than that, it
is our view that a fair reading of the statute excludes mobile operation of
Amateur Radio equipment by licensed radio amateurs.
That said, it is obvious that drivers should pay full time and attention to
driving. To the extent that operating their amateur stations while mobile
is a distraction to them, they should consider, if possible, pulling over
safely to the side of the road and conducting their amateur communications
while stationary."
ARRL Regulatory Information Manager Dan Henderson, N1ND, adds that while
the statute on its face does not apply to Amateur Radio mobile operation,
problems could still arise: "Law enforcement officers are not
telecommunications experts and may not understand or be concerned about the
difference between a cellular telephone and a ham radio. If you do get
stopped, be polite and state that you were operating a mobile Amateur Radio
transmitter as specifically authorized by the FCC and not a wireless
telephone. Don't engage in an argument if the officer issues a citation --
that won't help your cause. If cited, you will need to follow the
instructions about contesting the citation in traffic court. As ARRL
counsel notes, the language of the statute does not appear to include
amateur mobile operation. Unfortunately, you could have to go through the
inconvenience of appearing in court to contest a citation."
ARRL will continue to monitor the application of this statute relative to
radio amateurs.