Re: Good Document

Paul Butzi (W7PFB)
 

RCW 46.61.667 appears to have been repealed in 2017 and replaced.  So probably handing that to the nice police officer is not going to get you much.  But if the cop insists it’s still in effect I would suggest pointing out that it applies to holding a communications device to your ear, which you probably didn’t do with your HT or hand mike.

The replacement appears to be RCW 46.61.672.  Note that it very specifically excludes amateur radio equipment, citizens band radio, and two way radio from the definition of ‘personal electronic device’.  Notwithstanding this exclusion I expect that if you are chatting away on your radio and your driving suffers, you’ll get ticketed for negligent driving or for reckless driving.

Notwithstanding the legality of using ham radio while driving I want to remind everyone that, emergencies aside, if simultaneously talking on the radio and driving is a challenge due to weather, traffic, or whatever, it’s always, always, always fine to tell someone you need to put the mike down and concentrate on driving.

Please be safe.  All the time.

-p

RCW  46.61.672
Using a personal electronic device while driving.
(1) A person who uses a personal electronic device while driving a motor vehicle on a public highway is guilty of a traffic infraction and must pay a fine as provided in RCW  46.63.110(3).
(2) Subsection (1) of this section does not apply to:
(a) A driver who is using a personal electronic device to contact emergency services;
(b) The use of a system by a transit system employee for time-sensitive relay communication between the transit system employee and the transit system's dispatch services;
(c) An individual employed as a commercial motor vehicle driver who uses a personal electronic device within the scope of such individual's employment if such use is permitted under 49 U.S.C. Sec. 31136 as it existed on July 23, 2017; and
(d) A person operating an authorized emergency vehicle.
(3) The state preempts the field of regulating the use of personal electronic devices in motor vehicles while driving, and this section supersedes any local laws, ordinances, orders, rules, or regulations enacted by any political subdivision or municipality to regulate the use of a personal electronic device by the operator of a motor vehicle.
(4) A second or subsequent offense under this section is subject to two times the penalty amount under RCW  46.63.110.
(5) For purposes of this section:
(a) "Driving" means to operate a motor vehicle on a public highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. "Driving" does not include when the vehicle has pulled over to the side of, or off of, an active roadway and has stopped in a location where it can safely remain stationary.
(b) "Personal electronic device" means any portable electronic device that is capable of wireless communication or electronic data retrieval and is not manufactured primarily for hands-free use in a motor vehicle. "Personal electronic device" includes, but is not limited to, a cell phone, tablet, laptop, two-way messaging device, or electronic game. "Personal electronic device" does not include two-way radio, citizens band radio, or amateur radio equipment.
(c) "Use" or "uses" means:
(i) Holding a personal electronic device in either hand or both hands;
(ii) Using your hand or finger to compose, send, read, view, access, browse, transmit, save, or retrieve email, text messages, instant messages, photographs, or other electronic data; however, this does not preclude the minimal use of a finger to activate, deactivate, or initiate a function of the device;
(iii) Watching video on a personal electronic device.


-p W7PFB
73, Don’t forget to smile and have fun!

On Aug 5, 2019, at 3:08 PM, Rowland <k7rwb@...> wrote:

<RCW 46.docx Driving with HAM.docx>

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