I've been confused about how amateur radio will be affected by the upcoming hands-free law effective July 1st. Most people refer to this line from the FAQ page:

http://www.dmv.ca.gov/cellularphonelaws/dl208_03cell_phone.pdf

Q: May I use a dedicated two-way radio while driving? A: Yes. The use of dedicated two-way radios such as walkie-talkies or Citizen Band (CB) radios is not affected by the new law.

This seems to imply that amateur radio will be exempt from the hands-free law.

However, here is a portion from section 23123 of the California vehicle code:

http://www.dmv.ca.gov/pubs/vctop/d11/vc23123.htm

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.

(e) This section does not apply to a person when using a digital two-way radio that utilizes a wireless telephone that operates by depressing a push-to-talk feature and does not require immediate proximity to the ear of the user, and the person is driving one of the following vehicles:

The text then provides a list of various types of vehicles, mainly used for assorted professions.

There is no mention of CB or "dedicated two-way radio" in the code. Further, the exemption in paragraph (e) above specifically refers to digital, wireless telephones as the only medium for hands-free use.

The ARRL and other amateur radio organizations seem to be only referring to the FAQ page when saying that amateur radio is exempt from the revised code. However, if we are stopped by a law enforcement official, they will most likely be going by what the vehicle code says, not a FAQ page.

---Michael, NO6O