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The following is from the ARRL®
Letter, Vol. 26, No. 07
February 16, 2007
"CELLULAR TELEPHONE" BILLS POSE POTENTIAL PROBLEMS FOR HAM RADIO OPERATION
Bills aimed at thwarting "driving while cellular" and "driving
while distracted" behavior have been introduced in several states, and most
are worded broadly enough to potentially proscribe some Amateur Radio mobile
operation. ARRL Regulatory Information Specialist Dan Henderson, N1ND, so far has catalogued 11 active pieces of
legislation.
Bills introduced in Montana and New Mexico have been sidelined
for now, but related measures -- more than one in some states -- remain
alive in Georgia, New Jersey, Oregon, Texas, Vermont, Washington and
Wyoming. Henderson reports that ARRL Field Organization volunteers and
members called the League's attention to the various pieces of pending
legislation, none of which specifically exempt Amateur Radio mobile
operation.
"In most cases we try to work to have language exempting Amateur
Radio inserted into the bill, rather than narrowing by definition the
behavior or activity the bill seeks to address," Henderson explains. "It is
a far easier approach and removes ambiguity down the road."
Henderson says that, if requested, the League will advise radio
amateurs preparing to testify about a bill before a state legislative
committee. "We offer some suggestions regarding what to cover and how to
approach their testimony," he said. "We also will speak with legislators or
their aides to try and clarify questions or help them craft language that
help accomplish
our goal of specifically exempting Amateur Radio operation from
these measures." Most of the measures include exceptions for emergency
communication and law enforcement agencies.
In Georgia, House Bill 5 (HB 5) would assess those anyone found
to be "driving while distracted" while using a wireless communication device
one driver's license infraction point. The bill defines "device" to cover
not only cellular or mobile telephones -- whether or not they're hands-free,
but any "wireless communication device, personal digital assistant, radio or
citizens band radio." HB 5 thus appears to include such routine
activities as changing the station on your car radio.
In Montana, House Bill 233 (HB 233) would restrict drivers from
"the use of electronic communication devices, or any other activity that
causes the driver to become inattentive." This bill was tabled in committee
on January 30, following a hearing a few days earlier.
In New Jersey, Assembly Bill 1966 (A 1966), would broaden the
scope of that state's existing law prohibiting the use of a hand-held
wireless telephone while driving. It would expand the law to cover
"distracted driving" by prohibiting a motor vehicle operator from engaging
in "any activity unrelated to the actual operation of a motor vehicle in a
manner that interferes with the safe operation of the vehicle."
In New Mexico, House Bill 241 (HB 241) would prohibit a driver
from using "a mobile communication device while operating a motor vehicle."
The measure has been tabled.
Three related bills now are in play in Oregon: House Bill 2482 (HB
2482) and Senate Bill 293 (SB 293) contain essentially the same language,
making it an offense to operate a motor vehicle "while using a mobile
communication device" without a hands-free accessory. Senate Bill 246 (SB
246) establishes such behavior as an offense, punishable by a fine of up to
$180 and providing more serious consequences if property damage, injury or
death result -- up to and including license suspension and prison terms.
In Texas, Senate Bill 154 (SB 154) would prohibit a motor
vehicle operator from using a "wireless communication device" while under
way, unless equipped for hands-free operation.
In Vermont, two measures are in play. House Bill 31 (HB 31)
would make it a violation to use a "cellular telephone" while in motion on
the highway, except in the event of an emergency. Enforcement would be
secondary; ie, police would have to first stop a driver for a suspected
violation of another traffic offense. A more-restrictive bill, HB 126,
addresses "distracted driving," and cites "any activity involving the use of
one or both of the driver's hands if the activity is not necessary for the
operation of the vehicle or any of its installed accessories." The bill
would include activities ranging from smoking, eating or drinking to
"performing personal grooming," "interacting with pets or
unsecured cargo" and "using personal communications technologies."
Hands-free cell phone operation would be permissible, however.
In Washington, House Bill 1214 (HB 1214) would outlaw such
activities as "reading, manually writing or sending a message on an
electronic wireless communications device." The measure does not include an
exception for hands-free devices.
In Wyoming, two nearly identical measures are alive. The more
general legislation, House Bill 152 (HB 152) addresses using "a cellular or
satellite telephone while operating a motor vehicle" without a hands-free
device. House Bill 284 (HB 284) contains essentially identical language but
specifies drivers operating under an "intermediate permit." Both incorporate
an exemption for Citizens Band, but not for Amateur Radio
operation.
Henderson advises ARRL members to contact their Section Manager
<http://www.arrl.org/FandES/field/org/smlist.html>
to learn about any initiatives under way to address the ham radio
implications of a particular state bill. |
