{"id":7637,"date":"2017-02-19T20:01:57","date_gmt":"2017-02-20T03:01:57","guid":{"rendered":"http:\/\/w6sg.net\/site\/?p=7637"},"modified":"2017-06-20T21:12:44","modified_gmt":"2017-06-21T04:12:44","slug":"california-mobile-cellular-statute-revision-ab-1785","status":"publish","type":"post","link":"http:\/\/w6sg.net\/site\/california-mobile-cellular-statute-revision-ab-1785\/","title":{"rendered":"California Mobile Cellular Statute Revision AB.1785 UPDATED"},"content":{"rendered":"

Thanks to Bill Hillendahl, SF SM, for the following update:<\/strong><\/p>\n

A quick update on the CA Hands Free Law – AB 1785\/CVC 23123.5.<\/p>\n

We have been fielding a number of inquires on if Amateur Radio (2-way radio) is exempt from the updated “hands-free” law that went into effect on January 1st of this year.<\/p>\n

The language of the legislation is “all inclusive” and tends to, by default, wrap 2-way radio use into the prohibition. Amateur licensees in the Pacific and South West Divisions of ARRL have been working on this issue.\u00a0 The original bill’s sponsor has been contacted a number of times.<\/p>\n

The CHP command has also been contacted. \u00a0As a result, the CHP has issued a memo to its officers advising that “a radio installed and mounted in a vehicle with a wired hand microphone is not considered a wireless communications device……..and therefore is not subject to enforcement under this section.”\u00a0 That memo was issued on March 28, 2017.<\/p>\n

More recently, the sponsoring assemblyman entered into the Assembly Journal a letter establishing the legislative intent of the law. Essentially, the letter states that common 2-way, wired radio use was not intended to be addressed by the newer hands-free law.\u00a0 This letter was published in the Assembly Journal on April 27, 2017.<\/p>\n

Please note:\u00a0 Use of an HT would still be a violation.\u00a0<\/strong>The radio must be mounted and the microphone be corded to the radio.<\/p>\n

Please remember that not all law enforcement officers will be aware of these documents, and may not follow them.\u00a0 Amateurs may still be cited.<\/p>\n

I would like to hear if any Amateur is actually cited under CVC 23123.5 for using Amateur Radio.<\/p>\n

We can all thank the past SW Div Vice Director Marty Woll N6VI, Jim Aspinwall NO1PC, Norm Lucas WB6RVR, and others behind the scenes for their valiant effort to move this clarification forward.<\/p>\n

The effort is not over, as equally ambiguous language is being promoted in the revision to the law moving through the legislature now. Please remind everyone that they must still not use their radios in a manner that detracts from their safe operation of their vehicle. Drivers can still be cited under the very broad “distracted driving” code section.<\/p>\n

ARRL East Bay Section Section Manager: James R Latham, AF6AQ<\/p>\n

From ARRL:<\/p>\n

California has revised its State statutes addressing mobile wireless
\noperation. This was done without any advance notice to ARRL
\nHeadquarters from radio amateurs in California. This new statute has
\nraised serious concerns since its passage by the State legislature and
\nenactment by the Governor of California for one principal reason: There
\nwas included in the prior mobile cellular statute in California a
\ncomplete exemption for licensed Amateur Radio operators, which was not
\nincluded in this new legislation. The new legislation completely
\nreplaces the earlier legislation. The new legislation reads as follows:<\/p>\n

(a) A person shall not drive a motor vehicle while holding and
\noperating a handheld wireless telephone or an electronic wireless
\ncommunications device unless the wireless telephone or electronic
\nwireless communications device is specifically designed and configured
\nto allow voice-operated and hands-free operation, and it is used in
\nthat manner while driving.
\n(b)\u00a0 This section shall not apply to manufacturer-installed systems
\nthat are embedded in the vehicle.
\n(c)\u00a0 A handheld wireless telephone or electronic wireless
\ncommunications device may be operated in a manner requiring the use of
\nthe driver\u2019s hand while the driver is operating the vehicle only if
\nboth of the following conditions are satisfied:
\n(1)\u00a0 The handheld wireless telephone or electronic wireless
\ncommunications device is mounted on a vehicle\u2019s windshield in the
\nsame manner a portable Global Positioning System (GPS) is mounted
\npursuant to paragraph (12) of subdivision (b) of Section 26708 or is
\nmounted on or affixed to a vehicle\u2019s dashboard or center console in a
\nmanner that does not hinder the driver\u2019s view of the road.
\n(2)\u00a0 The driver\u2019s hand is used to activate or deactivate a feature
\nor function of the handheld wireless telephone or wireless
\ncommunications device with the motion of a single swipe or tap of the
\ndriver\u2019s finger.
\n(d)\u00a0 A violation of this section is an infraction punishable by a base
\nfine of twenty dollars ($20) for a first offense and fifty dollars
\n($50) for each subsequent offense.<\/p>\n

Here is the definition of an electronic wireless communications device
\nin the Bill:<\/p>\n

(f)\u00a0 For the purposes of this section, \u201celectronic wireless
\ncommunications device\u201d includes, but is not limited to, a broadband
\npersonal communication device, a specialized mobile radio device, a
\nhandheld device or laptop computer with mobile data access, a pager, or
\na two-way messaging device.<\/p>\n

While AB 1785 does eliminate the mobile exemption for Amateur Radio
\nfrom the prior statute, there is no indication in this definition of
\nany intention to preclude either two-way private land mobile voice
\ncommunications or Amateur Radio communications. The specific reference
\nto SMRs and pagers is exclusionary rather than inclusive. They are CMRS
\nfacilities, as are broadband PCS devices and two-way messaging devices.
\nIt would be impossible to include Amateur portable transceivers in the
\ncategory of \u201celectronic wireless communications device\u201d as defined
\nin the Statute unless those were actually being used for mobile data
\naccess while the control operator was driving a motor vehicle. Of
\ncourse, the principal use of Amateur portable transceivers is for
\ntwo-way voice communications.<\/p>\n

The legislative record on this Statute indicates that it was intended
\nto apply to non-voice, non-text services now available on \u201csmart
\nphones\u201d (such as streaming video), which the former law did not
\nprohibit explicitly. However, due to some rather poor draftsmanship in
\nthe text of the legislation defining what constitutes an \u201celectronic
\nwireless communications device,\u201d it is impossible to determine the
\nuniverse of such devices that are included in the definition. This is
\nbecause the definition above includes the words \u201cbut not limited
\nto\u201d in giving examples of electronic devices that cannot be operated
\nwhile also operating a motor vehicle in California.<\/p>\n

Furthermore, the foregoing analysis is very technical. ARRL is
\nconcerned that law enforcement officers might interpret the new
\nstatutory language in the Vehicle Code more broadly than we believe was
\nintended.<\/strong>\u00a0 Law enforcement officers are not necessarily skilled enough
\nin telecommunications technology to be able to make the fine
\ndistinctions that radio amateurs are capable of, and they should not be
\nexpected to do so, where the legislative intent is not clearly
\nexpressed.<\/p>\n

While there is a risk that licensed Amateur Radio operators in
\nCalifornia using portable transceivers in their cars while driving may
\nbe subject to sanctions from police officers, the intent of the
\nlegislation clearly is to address handheld phones and mobile data and
\nnot private land mobile, dispatch radios, or mobile radios for voice
\ncommunications with handheld mics.<\/p>\n

The definitions in state mobile cellular and mobile texting laws do
\nmake a difference. There are two ways to protect Amateur Radio in the
\ndrafting of those statutes: one is by sufficiently narrowly defining
\nprohibited activity so as to exclude Amateur Radio. The other is to
\ncreate specific exemptions where the definitions are confusing. This
\nstatute is an example of poor legislative draftsmanship. It creates a
\nmotor vehicle law with citations issued for certain activity that
\nincludes the words “but is not limited to” in the language defining the
\nviolation. However, what is included does not proscribe use of mobile
\nAmateur Radio equipment for voice communications.<\/p>\n

There are several ways to respond to this. Perhaps the most difficult
\nis to obtain a legislative amendment that either restores the Amateur
\nRadio exemption from the prior legislation. Obtaining curative
\nlegislation so soon after enactment of a state statute is not
\npolitically the most simple of tasks, and State legislatures are not in
\nsession for long periods each year. That fix could take some time.
\nAnother option is to attempt to obtain a favorable exclusionary
\ninterpretation of the new Statute from the California Attorney
\nGeneral’s office, which we understand has already been attempted
\nunsuccessfully by some California radio Amateurs, though the effort
\ncould be renewed). Finally, if there is an instance of a radio amateur
\nbeing cited for violating the statute, a successful defense of that
\ncitation could be used as a precedent for precluding subsequent
\ninstances of application of the Statute to licensed radio Amateurs.<\/p>\n

ARRL monitors state legislation in two ways; one is via a legislative
\nmonitoring service that responds to key word searches and which did
\nidentify this legislation, which when originally introduced was not in
\nthe form ultimately enacted. The second is through ARRL\u2019s section
\nlevel State Government Liaisons who monitor state and local
\nlegislation. However, these efforts are not foolproof; mobile cellular
\nlegislation is often introduced and passed on very short notice, and
\nState legislative sessions are very short. Proposed legislation during
\nthose sessions change often. In this case, some retroactive advocacy is
\ncalled for, but the legislation is not as disruptive of mobile Amateur
\nRadio operation as the current level of concern would indicate. Nor are
\nthe sanctions particularly severe for first or even subsequent offenses.
\nARRL expects to pursue a fix for this through its advocacy efforts.<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

Thanks to Bill Hillendahl, SF SM, for the following update: A quick update on the CA Hands Free Law – AB 1785\/CVC 23123.5. We have been fielding a number of inquires on if Amateur Radio (2-way radio) is exempt from…<\/span><\/p>\n

Read more ›<\/a><\/div>\n

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