Glendale AZ Distracted Driving Law Goes Into Effect Today

KG7LER

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Oct 4, 2014
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Phoenix, AZ
#1
Two-Way Radios are exempt in most cases.

Per azfamily.com story:
Glendale police say there will be an education and warning period of about six months before officers begin enforcement of the ban.
The fine for the first offense is $250.

Link to the ordnance:
Municode Library
 

KB4MSZ

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#2
Hum. Guess we will need an attorney to decipher this language:

"D. It is an affirmative defense to a prosecution under this section that the driver was not operating the vehicle in a careless manner and was:...………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..(2) A driver holding a valid amateur radio operator license issued by the Federal Communications Commission and using a half-duplex two-way radio"
 
Joined
Jan 24, 2014
Messages
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Arizona USA
#3
Hum. Guess we will need an attorney to decipher this language:

"D. It is an affirmative defense to a prosecution under this section that the driver was not operating the vehicle in a careless manner and was:...………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..(2) A driver holding a valid amateur radio operator license issued by the Federal Communications Commission and using a half-duplex two-way radio"
Not a lawyer here. This is language used in ordinances passed by other Arizona cities. If you can't talk your way out of getting the ticket when using ham radio gear in the car, you can use this in court to get the ticket thrown out.
 

KB4MSZ

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Tampa, Florida
#4
The FCC will have to make a ruling on this. The out of band ham transceiver issue required a federal preemption because the "scanner laws" would effectively have rendered mobile ham radio dead in those states. These types of "hands free" laws do the same thing if mobile use of a radio is not permitted by local or state regulations and an exemption for FCC licensed stations are not included in the regulation. It defeats the purpose of ham radio in a disaster type situation.
 
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