Cell Phone Ban vs Mobile Ham operations

[WA2ROC]

One of my neighboring towns just passed a complete cell phone ban law while driving.  If you're moving, you can't be using your cell phone.

That would be Chapel Hill, NC.  You take Interstate 40 to Highway 501 and turn left.


WAAAAAAY left!


Now, just imagine Deputy Barney seeing me with my hand held mike up to my mouth talking on my mobile radio.  Wadda ya think he's gonna do?  Do you think he can "legally" pull me over?

Then along those lines, does anyone know if a law enforcement officer legally ask me to show him my amateur radio license to prove I am a licensed amateur?

[kb3ouk]

I don't think that two-way radios would be counted under that law, or at least they shouldn't be. Think of it this way, what if said deputy gets a call over the radio while he's driving along in the patrol car and has to respond to it. Is he gonna pull over? Probably not. Same way with firefighters, highway department, and truckers.

[K7EDL]

before using my radio there I would get a copy of the law and read it making sure it is ok to use the radio. I would then keep it in the vehicle to show the officer when I got pulled over.  The time in court is worse than the ticket.

Eric

[WA2ROC]

I just read some supplemental information about that law.  It is what is known as a "secondary offense", meaning that  the officer has to pull you over for something else, before he can issue a ticket for driving while operating a cell phone.

Keep them tail lights burning!

[WB2EMS]

I've taken note that several of the new more comprehensive 'distracted driving' laws would include amateur radio. They always start with a small step, then once they are in, expand. One law I saw said no maps, no gps, no two way radios, no nothing essentially. Of course emergency personnel, with all their radios and mobile data terminals are exempt. Different gene pool than the rest of us I presume. 

[kb3ouk]

Some of those emergency personnel are worse drivers than the normal population. Here in PA, they recently passed a law that states no texting while driving, making it a primary offense, but if the cops see you talking on your cell phone, this new law gives them the right to pull you over for that too, even though it is still legal to talk on the phone, so they can see if you are doing anything else wrong. So if they catch you talking on the phone they can pull you over, even though it isn't illegal to talk and drive, but if they find you doing something else they don't like, they can ticket you for that.

[WA1GFZ]

Here in Ct. it has been proven many times that the general population is too stupid to talk on a phone and safely control a car. As one who travels the highway each day I agree.

[Steve - K4HX]

What about the non-general population?

[k4kyv]

I would say talking on a shack-on-a-belt rig while driving would be just as distracting as using a cell phone.  But what about a transceiver mounted in the car, with the driver holding the mic?  How is amateur radio any different from a chicken band radio or even a cop's 2-way radio?  I think chicken band has pretty much fallen by the wayside as a traveller's aid with the advent of cell phones, but imagine if they had tried to pass such a law during the peak of the CB boom of the 70s?

OTOH, I am totally baffled by the one making GPS and maps illegal.  Does that just apply to holding the GPS unit in your hand and manipulating the screen while driving, or is it illegal to even have the GPS operating while mounted on your dash or wind shield?  And illegal to use a road map or Atlas?  Good grief.  How are people supposed to navigate when they are not familiar with the roads in the area?  Seems to me, that would create more of a hazardous situation to have frustrated drivers lost on the back roads running round trying to find their way without a map, or having to pull over on a busy interstate with 18-wheelers whizzing by at 80 MPH just to look at the map to see which exit to take (and there are probably signs saying "emergency stopping only").

[Pete, WA2CWA]

.... or having to pull over on a busy interstate with 18-wheelers whizzing by at 80 MPH just to look at the map to see which exit to take (and there are probably signs saying "emergency stopping only").

Didn't we do this back in the "good old days". I don't even own a GPS. If you can't find your way, or have no sense of direction, you shouldn't go out and drive.

[Opcom]

I've taken note that several of the new more comprehensive 'distracted driving' laws would include amateur radio. They always start with a small step, then once they are in, expand. One law I saw said no maps, no gps, no two way radios, no nothing essentially. Of course emergency personnel, with all their radios and mobile data terminals are exempt. Different gene pool than the rest of us I presume.  

yes, a few of them come from a different pool than the rest of us. it is called the 'overbearing pompous ass' pool and is next to the one many politicians come from, called the "cess pool".

I'm no lawyer and I never play one on TV but it seems that federal law is above local, and a ham is federally licensed as are other 2-way users (not subscribers). That can always be told to the judge.

[n1ps]

Good subject.  I understand amateur radio is exempted in some states. I recommend keeping a license on hand as noted.

Here in Maine there is a peeping-Tom State PD van running around on the highway and handing out tickets.   But not all for texting....eating, reading, etc too. 

I have also noted there are a lot of police driving with a cellphone to their ear.  And when I look at them as I pass, they are not looking at the road but at the gadgets in their cars.

I think I see about half the drivers with a phone in their ear.  Its getting worse.  I'm getting more nervous....while on 75m mobile

Peter

[Opcom]

The news reported that a woman on a cellphone in an SUV on the highway in rush hour traffic (meaning probably 60-70MPH?) dropped her cellphone during a call and went digging around for it in the floorboard and lurched into some guy's lane and almost sideswiped him, then when she finally got the phone, she sped up, cut him off and slammed on the brakes right in front of him still blabbing on the phone. He then reportedly fired several rounds into her vehicle (she survived). I'm not going to comment on consequences, stupidity, or violence but it happened a few days ago.

[flintstone mop]

Cell phone use has killed many people. These folks are so into their chattering that they drive through stop lights, stop signs, cross center lines, etc.
When I'm driving bus, I try to give people a break to make a turn, or whatever, so they are not stuck behind me. And I'm waving and waving them on and they sit there.
So I don't get stuck at the light, I drive through the intersection, and as I pass, they are just jabbering away on their phone. So, I stop trying to give someone a break.
There was an interesting story about a bus rider in Philly with a cell phone jammer. It's available to see. Just Google or Youtube
He "didn't know it was illegal to jam radio communications". It was a nice little box that apparently covered most of the cell phone bands and effectively created silence on the bus when he was riding, possible for 100 feet around the bus.
$300 for peace of mind
Fred

[Herb K2VH]

What about smoking a cigarette while driving, or talking to the person next to you in the passenger seat, or yelling at the kids in the back seat?  Outlawed too??

Herb K2VH

[Opcom]

Not until they install cameras in all vehicles to automatically monitor drivers. It will possibly even be required to make use of the person's cellphone for network access so the government is not burdened by that cost.

[Steve - K4HX]

There are already camera in some cars - mostly back up cams, but one in the cabin is not far off I think.

[flintstone mop]

There are already camera in some cars - mostly back up cams, but one in the cabin is not far off I think.

YUP and black boxes that keep track of your driving habits and speed.

And Herb, yes, correcting the kids and talking to someone in the car is a distraction. Fiddling with the radio and CD player..."THEY" should have a camera display of where you're heading in the area where your eyes would be looking when adjusting the radio, then a person can stay in their lane.
Tuning the radio or CD player is not as bad as a cell phone. Because of the radio part of a cell phone and the squirrely audio, it takes more concentration to figure out what the other person is saying.

fred

[W1ATR]

There are already camera in some cars - mostly back up cams, but one in the cabin is not far off I think.

Yeah right on the dash looking right at you. If your eye's leave the road or your head turns, a fine is automatically debited from your checking account.

I laugh when I see these optimistic shows where they talk of the flying cars of the future. Yeah OK. People can't operate in 2 dimensions and they what to give them three? With any luck, I won't be here to witness the fiery rain of steel. (or plastic?)

[K5IIA]

People should stay inside and wait on the government to bring you what they say you need.

[Opcom]

There are already camera in some cars - mostly back up cams, but one in the cabin is not far off I think.

YUP and black boxes that keep track of your driving habits and speed.

And Herb, yes, correcting the kids and talking to someone in the car is a distraction. Fiddling with the radio and CD player..."THEY" should have a camera display of where you're heading in the area where your eyes would be looking when adjusting the radio, then a person can stay in their lane.
Tuning the radio or CD player is not as bad as a cell phone. Because of the radio part of a cell phone and the squirrely audio, it takes more concentration to figure out what the other person is saying.

fred

Some modern cars already have a black box that records continuously and saves the last 30 seconds of data at accident time including speed, throttle position, brake and ABS status, steering position and rate of turn, more and more depending how sophisticated the car is. "drive by wire eliminates the liar".  Insurance companies love it.

My 1974 dodge Dart will be ready soon and it does not know how to spy on me.

[W7TFO]

Our newest car is 26, our oldest is the same as me...59 almost.  No spying going on here.

73DG