So it looks like you must be sure you wear your hands free headset while using the repeater phone patch or you may be cited.
Without a specific amateur radio exemption in the law I think troubles are possible. ARRL (Don't worry - Be happy} should be working to have this exemption added to the law.
73, Don, W6YN
"Dennis Gibson" wb6tnb@cox.net wrote: ------------------- The following was published in the CGC Communicator (issue #839; June 3, 2008), an e-mail newsletter for broadcast engineers in Southern California. Many broadcast engineers have amateur radio licenses. I have subscribed to the CGC Communicator for more than ten years and have always found it to be an extremely reliable source of information.
CHP POSITION ON THE "HANDS-FREE" WIRELESS TELEPHONE LAWS
CGC has been flooded with opinions on the subject of the "hands-free" wireless telephone laws that go into effect in California on July 1, 2008. However, two readers sent us copies of the following letter from the California Highway Patrol (CHP) that appears to be great news for not just ham radio operators, but two-way users in general.
CGC has verified the authenticity of the following e-mail. While the following letter is not necessarily binding on non-CHP law enforcement officers, we plan to carry a copy of the letter in our two-way radio equipped vehicles to reduce our chances of becoming a legal test case come July 1.
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CALIFORNIA HIGHWAY PATROL E-MAIL
Date: Tue, 27 May 2008 07:48:20 -0700 From: Fran Clader FClader@chp.ca.gov Subject: Re: New Cell Phone Laws - July 1, 2008
The new cell phone laws involve only wireless telephones. They do not concern radios such as your (Amateur Radios), unless they are also wireless telephones.
Again, the law only applies to wireless telephones.
Thanks for your inquiry. If you have any further questions, please give us a call. Or, you can call your local San Diego area CHP office.
Fran Clader Commander Office of Media Relations California Highway Patrol (916) 657-7202
Don - you've made an excellent point that I gave some thought to after reading the CHP e-mail. The CHP may regard amateur radio transceivers capable of making autopatch calls as wireless telephones. Hopefully the ARRL and other amateur radio advocacy groups will work toward an interpretation that doesn't mention the possibility of amateur radio transceivers being wireless telephones.
73
----- Original Message ----- From: "W6YN Don Milbury" w6yn@juno.com To: sbarc-list@lists.netlojix.com Cc: wb6tnb@cox.net Sent: Tuesday, June 03, 2008 9:45 AM Subject: Re: [Sbarc-list] CHP Position on the "Hands-Free" Wireless Telephone Laws
So it looks like you must be sure you wear your hands free headset while using the repeater phone patch or you may be cited.
Without a specific amateur radio exemption in the law I think troubles are possible. ARRL (Don't worry - Be happy} should be working to have this exemption added to the law.
73, Don, W6YN