Home arrow DXInfo Polls results arrow Miscellaneous News arrow Law News 
Thursday, 28 August 2008
  DXInfo, you DX web resource
  • Click to jump there
  • Click to jump there
  • Click to jump there
  • Click to jump there
  • Click to jump there
 Last WWV info: 28 Aug at 0600 UTC   SFI=67   A=2  K=as  No storms=>No storms. 
Main Menu
Home
Welcome to DXInfo!
Call/QSL search database
Contact DXInfo admin
Guestbook
Links
News (all content)
News
News (miscellaneous)
News Archive
Search for text
DXInfo (DX & QSL Manager)
DXInfo Polls results
DX Calendar
Beacon Transmi. Schedule
Getting QSL's-Tips
IARU Band Plans
LOTW
Most Needed Entities 2007
Latest News
User login
DXInfo Counters
 Visits today: 35
 Visits yesterday: 108
 Visits month: 3444
 Pages today: 146
 Pages yesterday: 473
 Pages this month: 16120
 Data since: 2008-06-20
Statistics
  Members: 139
  News: 503
  Web Links: 75
  Visitors: 207670
Archive
Non-profite links
Masias Turismo Rural
Ham Info Bar
Pati Catala


Syndicate
ALL |0-9 |A |B |C |D |E |F |G |H |I |J |K |L |M |N |O |P |Q |R |S |T |U |V |W |X |Y |Z

News (all content) Miscellaneous News Law News

Search by tag : CEPT says NO to U.S. Tech & General, FCC says NO to morse reconsideration requests, Law ham radio news, Grand Terrace (CA), agrees to redraft proposed antenna ordenance


California Hands-Free law to go into effect July 1 Print E-mail
Written by Xavier   
Saturday, 21 June 2008
ImageCALIFORNIA 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 General Counsel Imlay 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.

[ARRL Letter]
Last Updated ( Sunday, 03 August 2008 )
 
< Prev   Next >
Live DX Spots
Sponsored Links
Translate this page:


Most Popular Articles
Poll of the month
What DXInfo news section do you prefer?
 
Who's Online
We have 1 guest online
Visitors by Country
This month 's Top 10
US United States 32% United States
FR France 6% France
JP Japan 6% Japan
DE Germany 6% Germany
UK United Kingdom 5% United Kingdom
AU Australia 5% Australia
ES Spain 4% Spain
LV Latvia 4% Latvia
PL Poland 3% Poland
IT Italy 3% Italy
Visits from 104 countries
DXInfo Recommends
Get DXInfo search plugin
Get FIREFOX
Web hosting