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Ham radios included in new cell phone law?

Gary Stickel
 

The new “cell phone” law reads, in part:
“House amendment 1 (006464) prohibits physically holding or supporting, with any part of a person's body, a wireless telecommunications device or stand-alone electronic device while operating a motor vehicle unless the vehicle is lawfully parked. “
I understand the intent is to stop distracted driving caused by cell phones; but does “...a wireless telecommunications device or stand-alone electronic device....” include ham radios? Or the microphone attached to an HT, for example? I’d like to know!

Gary - K4RQT
---------------

Ben Edwards
 

Gary,

Ham, commercial and citizens band radios are explicitly excluded from the new law.

The new law is attached. See Section 1 (a) (3) for exclusions

Ben Edwards

Call sign – AD4BE
Email – AD4BE.1@...


The new “cell phone” law reads, in part:
“House amendment 1 (006464) prohibits physically holding or supporting, with any part of a person's body, a wireless telecommunications device or stand-alone electronic device while operating a motor vehicle unless the vehicle is lawfully parked. “ I understand the intent is to stop distracted driving caused by cell phones; but does “...a wireless telecommunications device or stand-alone electronic device....” include ham radios? Or the microphone attached to an HT, for example? I’d like to know!

Gary - K4RQT
---------------

Lou Devillon
 

Ham Radio is exempt. See below:

A Message from your ARRL State Government Liaison, Ingrid Klose, KD4F: 

Recently on 1 July 2019 a new law passed by the Tennessee Congress was
to prohibit the use of hand held devices 

As you will see in the information below and in the link to the newly
enacted law, many types of devices including Amateur "Ham" Radio Mobile
Devices are specifically exempt.

Over the next couple of days we will work to get distribution to all
County EMA Directors, TEMA THP and Local Law Enforcement to comply with
the intent of the law as some Amateur Operators have already been
stopped for using their equipment in Mobile configuration because of
this Law. 

Please bear with us as we disseminate this information Section Wide in
Tennessee. The following is a formatthat we Will be asking help to
follow through with local EMA director to apprise Local Law Enforcement
in their Counties while we look for assistance to provide information to
State Law Enforcement Agencies across the Tennessee Section."Tennessee
recently enacted Public Chapter Law 412 to promote traffic safety and
restrict the use of Wireless telecommunications devices while driving in
Tennessee. This new law maintains several of the exemptions which were
present in the prior version that applied only to school zones.

"To aid in enforcement, we are requesting you share these exemptions
with your County’s Law Enforcement agencies to empower Officers to
better enforce the new law. With these exceptions in hand, Officers will
be able to accurately enforce the new provisions and avoid generating
citations which would later be dismissed due to the exceptions.

Section 1(a)(3): Wireless telecommunications device does not include:

·         Radio

·         Citizens Band Radio

·         Citizens Band Radio Hybrid

·         Commercial two-way radio communication device or its
functional equivalent

·         Subscription-based emergency communication device

·         Prescribed medical device

·         Amateur or ham radio device

·         In-vehicle security, navigation, autonomous technology or
remote diagnostics

These devices were expressly exempted from the new law. We look forward
to continuing our ARES partnership together in supplementing the County
EMA’s communication needs.

Sincerely,Tennessee recently enacted Public Chapter Law 412 to promote
traffic safety and restrict the use of Wireless telecommunications
devices while driving in Tennessee. This new law maintains several of
the exemptions which were present in the prior version that applied only
to school zones.

To aid in enforcement, we are requesting you share these exemptions with
your County’s Law Enforcement agencies to empower Officers to better
enforce the new law. With these exceptions in hand, Officers will be
able to accurately enforce the new provisions and avoid generating
citations which would later be dismissed due to the exceptions.

Section 1(a)(3): Wireless telecommunications device does not include:

·         Radio

·         Citizens Band Radio

·         Citizens Band Radio Hybrid

·         Commercial two-way radio communication device or its
functional equivalent

·         Subscription-based emergency communication device

·         Prescribed medical device

·         Amateur or ham radio device

·         In-vehicle security, navigation, autonomous technology or
remote diagnostics

These devices were expressly exempted from the new law. We look forward
to continuing our ARES partnership together in supplementing the County
EMA’s communication needs.

Sincerely,

This is the link to the newly enacted Tennessee Bill as passed into
Law.

https://publications.tnsosfiles.com/acts/111/pub/pc0412.pdf







On Jul 4, 2019, at 1:22 AM, Gary Stickel <garystickel@...> wrote:

The new “cell phone” law reads, in part:
“House amendment 1 (006464) prohibits physically holding or supporting, with any part of a person's body, a wireless telecommunications device or stand-alone electronic device while operating a motor vehicle unless the vehicle is lawfully parked. “
I understand the intent is to stop distracted driving caused by cell phones; but does “...a wireless telecommunications device or stand-alone electronic device....” include ham radios? Or the microphone attached to an HT, for example?  I’d like to know!

Gary - K4RQT
---------------



John Haskell
 

New law has an exemption for amateur radio.

On Thursday, July 4, 2019, 9:26:30 AM EDT, Gary Stickel <garystickel@...> wrote:


The new “cell phone” law reads, in part:
“House amendment 1 (006464) prohibits physically holding or supporting, with any part of a person's body, a wireless telecommunications device or stand-alone electronic device while operating a motor vehicle unless the vehicle is lawfully parked. “
I understand the intent is to stop distracted driving caused by cell phones; but does “...a wireless telecommunications device or stand-alone electronic device....” include ham radios? Or the microphone attached to an HT, for example?  I’d like to know!

Gary - K4RQT
---------------


 

As stated by others, the new law doesn't have any effect on us in the amateur radio community.  However...... if you drive erratically, you'll draw attention to yourself.

Drive safe! Stay "radio-active" as Juan would say.....
--
73,
Michael J. Foley, K4MJF
865-567-1859
Tellico Lake Amateur Radio Club
470 ARG