Hands free laws and 2 way radios

[12dbsinad]

A lot of states have or are going to enact hands free cell phone laws. Most states exempt 2 way radios and CB's. What about apps like Zello? Is it legal to hold the phone and talk into it like a microphone, and what constitutes a "2 way radio" per the law?

 

[buddrousa]

In Tennessee it is against the law to touch your cellphone in your car as a driver unless you are pulled over and your car in park.

 

[Hit_Factor]

Only a Judge (not likely to have a jury in traffic court) can tell you if zello is a cellphone or two way radio. In those states where phone is prohibited, but 2 way is OK.

 

[a417]

. What about apps like Zello?

...are you holding a cellphone?

that's a silly distinction to have to base a defense on.

 

[buddrousa]

Distracted Driving | Tennessee Traffic Safety Resource Service

tntrafficsafety.org

 

[iMONITOR]

I think you'll find states/cities/townships will have many different laws regarding this. In Michigan many cities have a "Distracted Driver" law, meaning they could charge you if you were using a phone, two-way radio, shaver, applying makeup, eating, fussing with your kids, pets, etc.

 

[12dbsinad]

...are you holding a cellphone?

that's a silly distinction to have to base a defense on.

Well what about a LTE radio? That's a cellphone too... or is it?

 

[buddrousa]

Is it state owned of Government issued?

 

[Chronic]

If you must have Zello , run it from a Network Radio

 

[jonwienke]

IMO phone-based devices are more distracting than a standard ht or hand mic because they have displayed screens that tempt you to take your eyes off the road.

So banning a phone running Zello but not a mobile radio makes a degree of sense.

 

[12dbsinad]

Is it state owned of Government issued?

Neither. Let's say a Icom IP LTE radio. If you go by technology it's a cellphone as you can make full duplex calls and runs on AT&T. The laws I've read in multiple states do not define a "2 way radio". What about a handheld vs mobile mounted 2 way radio?

 

[buddrousa]

How many DOA's have you worked from DISTRACTED DRIVING?
I have done several over the the last 40 years in Government Service.

 

[12dbsinad]

What does that have to do with the legality of what I’m asking. Clearly you do not know. I am not promoting distracted driving so no need to be an internet hero here. Radio shops sell LTE radios to their customers, it’s a legit question

 

[soberone14]

If using ZELLO do as I do use a Bluetooth headset just push the phone button on the headset.

 

[KK4JUG]

Why don't you ask your local district attorney or prosecutor?

 

[12dbsinad]

I am trying to get a general consensus not just in my particular state and why not ask it on a radio site?

 

[MTS2000des]

Why don't you ask your local district attorney or prosecutor?

Or check Municode or your state's government official website.
Georgia, for instance, allows for two-way radio, amateur and citizens band radios as well as what the code section defines as "functional equivalent":

'Wireless telecommunications device' means a cellular telephone, a portable
telephone, a text-messaging device, a personal digital assistant, a stand-alone computer, a
global positioning system receiver, or substantially similar portable wireless device that is
used to initiate or receive communication, information or data. Such term shall not include a
radio, citizens band radio, citizens band radio hybrid, commercial two-way radio
communication device or its functional equivalent, subscription-based emergency
communication device, prescribed medical device, amateur or ham radio device, or
in-vehicle security, navigation, or remote diagnostics system.

Functional equivalent=app used in a push to talk environment. Of course this would be an affirmative defense and won't stop someone from getting cited. It's all about how one handles themselves during a traffic stop and articulates both with the officer and if necessary, in court as to what outcome will occur.

 

[ten13]

You can get a Bluetooth mic for your cell phone to work Zello without picking up your phone:

Amazon.com: iTalkie - Wireless Bluetooth PTT Speaker Microphone zello ptt mic

Buy iTalkie - Wireless Bluetooth PTT Speaker Microphone zello ptt mic: Headsets & Microphones - Amazon.com ✓ FREE DELIVERY possible on eligible purchases

www.amazon.com

 

[KK4JUG]

I am trying to get a general consensus not just in my particular state and why not ask it on a radio site?

I understand but you're getting opinions from what we call "jailhouse lawyers." That's not worth a flip. When you get stopped and you tell the officer that RadioReference said it was OK, well, that's not worth a flip, either.

You need to get the information from an authoritative and credible source.

 

[12dbsinad]

I understand but you're getting opinions from what we call "jailhouse lawyers." That's not worth a flip. When you get stopped and you tell the officer that RadioReference said it was OK, well, that's not worth a flip, either.

You need to get the information from an authoritative and credible source.

It’s an online forum. Of course you’re going to get opinions, and maybe some facts. Relax. You’re not on jury duty here and neither am I.