New CA Push to Talk Law

[4x4mike]

I was reading through the news this morning about the new laws that go into effect July 1st in California. One is a PTT law. Here in CA we have a cell phone law and under the old law there was an exception for PTT devices for truck drivers and other commercial drivers. Under SB1613 the exception expires.

Has anyone ever had any issue with using a radio (CB, HAM, etc) while driving? I know they can pull you over regardless of the law if it is inhibiting your driving but this new law got me thinking. For the most part my mic is in my lap unless talking so it's not visible much and I can't think of once I had the mic up to my mouth around a CHP. My question is not about the likeliness of being ticketed but more about you guys' experience and if you had heard about this. The cell phone fine is high and I don't use my phone while driving but I do use my ham on occasion. I'd hate to get the near $200 ticket for hamming it up.

 

[4x4mike]

After a quick google it seems like there shouldn't be an issue because the law refers to a radio using a wireless telephone. It also mentions "digital 2-way radio service" and the fact you don't have to put the device up to your ear. Other than the ear part a mic is no different than a 2-way PTT but I'm glad there doesn't seem to be a gray area.

Anyways, just thought this was interesting.

ftp://leginfo.public.ca.gov/pub/05-06/bill/sen/sb_1601-1650/sb_1613_bill_20060821_amended_asm.pdf

 

[Mash5]

Are you talking bout the 08 law or a new one this year?

 

[mountainpete]

Google find: http://dmv.ca.gov/pubs/vctop/d11/vc23123.htm

(e) This section does not apply to a person when using a digital two-way radio that utilizes a wireless telephone that operates by depressing a push-to-talk feature and does not require immediate proximity to the ear of the user, and the person is driving one of the following vehicles:

(1) (A) A motor truck, as defined in Section 410, or a truck tractor, as defined in Section 655, that requires either a commercial class A or class B driver's license to operate.

(B) The exemption under subparagraph (A) does not apply to a person driving a pickup truck, as defined in Section 471.

(2) An implement of husbandry that is listed or described in Chapter 1 (commencing with Section 36000) of Division 16.

(3) A farm vehicle that is exempt from registration and displays an identification plate as specified in Section 5014 and is listed in Section 36101.

(4) A commercial vehicle, as defined in Section 260, that is registered to a farmer and driven by the farmer or an employee of the farmer, and is used in conducting commercial agricultural operations, including, but not limited to, transporting agricultural products, farm machinery, or farm supplies to, or from, a farm.

(5) A tow truck, as defined in Section 615.

(f) This section does not apply to a person driving a schoolbus or transit vehicle that is subject to Section 23125.

(g) This section does not apply to a person while driving a motor vehicle on private property.

(h) This section shall become operative on July 1, 2008, and shall remain in effect only until July 1, 2011, and, as of July 1, 2011, is repealed.

 

[spressomon]

Nevada just enacted, effective July 1, 2011 but not being enforced with a corresponding fine starting with infractions made after January 1, 2012.

However this is the official language with respect to our (Nevada) no-cell phone while driving law as it pertains to mobile HAM operators, emergencies, etc.:

"The ban doesn't apply to emergency personnel, licensed amateur radio operators who are communicating certain public information, employees of public utilities who are responding to emergencies, or drivers who are reporting emergencies or responding to dangerous situations."

I guess within our group of 4x4 travelers the citing officer would need to determine if we're "communicating certain public information..." or not. :ylsmoke: But since they don't typically monitor HAM frequencies maybe not a worry.

 

[Mash5]

I just read through it and its about as clear as mud to me.