There was recently a case in NY where a policeman ticketed a Ham operator
for using his phone. The judged ruled in the Ham's favor since the law applied specifically
to wireless phones.
I just received this e-mail alert from the ARRL Westerna Penn.
Section Manager John Rodgers, N3MSE:
I have been made aware of a proposed bill introduced
into the Pa Senate by Sen. Ferlo. The legislation designated as Senate bill (SB583) would
prohibit the operation of any communications device while mobile. The legislation does not
exempt Amateur Radio in any manner and needs to be quickly amended to protect our rights.
This bill has been referred to the transportation committee and needs to be defeated or revised.
The text of the proposed bill is available at http://www.legis.state.pa.us/ in the
top right you can search for the SB583
[complete text of the bill posted below]
and then see a complete copy of the bill. I also have the text available as a pdf for anyone
needing a copy.
You can then see a complete copy of the text of the proposed bill.
I urge everyone to voice their concerns with regard to this proposed legislation as well
as to spread the word about this threat to our operations for both emergency and general use.
John Rodgers, N3MSE
W. Pa. Section Manager
ARRL Western Pennsylvania Section
Section Manager: John V Rodgers, N3MSE
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY FERLO, FONTANA, STACK, ERICKSON, COSTA, KITCHEN, WILLIAMS, BREWSTER
AND WASHINGTON, FEBRUARY 18, 2011
REFERRED TO TRANSPORTATION, FEBRUARY 18, 2011
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes,
prohibiting the use of mobile telephones and hand-held communication devices.
Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Title
75 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 3316. Prohibiting the use of mobile telephones and hand-held communication devices.
(a) Prohibition.--Except as otherwise provided in this section, no person shall operate
a motor vehicle upon a highway while using a mobile telephone or hand-held communication device
to engage in a call or wireless communication while the vehicle is in motion.
operator of a motor vehicle who uses a mobile telephone or hand-held communication device
while the vehicle is in motion is presumed to be engaging in a call or wireless communication
within the meaning of this section. The presumption established by this subsection is rebuttable
by evidence tending to show that the operator was not engaged in a call or wireless communication.
(c) Seizure.--The provisions of this section shall not be construed as authorizing the
seizure or forfeiture of a mobile telephone or hand-held communication device, unless otherwise
provided by law.
(d) Applicability.--This section shall not apply to:
use of a mobile telephone or hand-held communication device for the sole purpose of communicating
with any of the following regarding an emergency situation:
(1) an emergency response
operator; a hospital, physician's office or health clinic; an ambulance company or corps;
a fire department, district or company; or a police department;
(2) any of the following
persons while in the performance of their official duties: a police officer or peace officer;
a member of a fire department, district or company; or
(3) the use of a hands-free
(e) Penalty.--A violation of subsection (a) is a summary offense
punishable by a fine of not more than $100.
(f) Definitions.--As used in this section,
the following words and phrases shall have the meanings given to them in this subsection:
"Engage in a call." Talking into or listening on a hand-held mobile telephone or hand-held
communication device, but shall not include holding a mobile telephone or hand-held communication
device to activate, deactivate or initiate a function of the telephone or device.
communication device." An electronic device that provides mobile telephone service or other
wireless communication functions. The term includes a two-way radio device that provides radio
communication between mobile and land stations or between mobile stations. The term does not
include a voice-activated global positioning or navigation system that is permanently affixed
to a motor vehicle.
"Hands-free mobile telephone." A mobile telephone that has an internal
feature or function, or that is equipped with an attachment or addition, whether or not permanently
part of the mobile telephone, by which a user engages in a call without the use of either
hand whether or not the use of either hand is necessary to activate, deactivate or initiate
a function of such telephone.
"Immediate proximity." That distance as permits the operator
of a mobile telephone or hand-held communication device to hear telecommunications transmitted
over the mobile telephone or hand-held communication device, but shall not require physical
contact with the operator's ear.
"Mobile telephone." The device used by subscribers
and other users of wireless telephone service to access service.
"Text message." Short
messaging service or the process by which users send or receive messages on wireless handsets.
For purposes of this definition, an e-mail shall be considered a text message.
Holding a mobile telephone or hand-held communication device to, or in the immediate proximity
of, the operator's ear or performing a wireless communication function.
Includes a text message, e-mail, push e-mail, Internet fax and Web browsing.
2. This act shall take effect in 60 days.
- Kirt Blattenberger
RF Cafe Progenitor & Webmaster