cell phone law primary offence

[thinder]

Does anyone know if amatuer radio operators are excempt from the washington cell phone law? I was told when the law was a secondary offence that amatuer radio operators were excempt, but my friend ( who is a police officer) told me that Im wrong.I dont think I will ever get used to blue tooth. Thanks for any info.

 

[kd8ati]

Does anyone know if amatuer radio operators are excempt from the washington cell phone law? I was told when the law was a secondary offence that amatuer radio operators were excempt, but my friend ( who is a police officer) told me that Im wrong.I dont think I will ever get used to blue tooth. Thanks for any info.

I got the following information from Section 3 of the actual law which can be found in PDF form here
http://apps.leg.wa.gov/documents/billdocs/2009-10/Pdf/Bills/Senate Passed Legislature/6345-S.PL.pdf

23 Sec. 3. RCW 46.61.667 and 2007 c 417 s 2 are each amended to read
24 as follows:
25 (1) Except as provided in subsections (2) and (3) of this section,
26 a person operating a moving motor vehicle while holding a wireless
27 communications device to his or her ear is guilty of a traffic
28 infraction.
29 (2) Subsection (1) of this section does not apply to a person
30 operating:
31 (a) An authorized emergency vehicle, or a tow truck responding to
32 a disabled vehicle;
33 (b) A moving motor vehicle using a wireless communications device
34 in hands-free mode;
35 (c) A moving motor vehicle using a hand-held wireless
36 communications device to:
37 (i) Report illegal activity;
1 (ii) Summon medical or other emergency help;
2 (iii) Prevent injury to a person or property; or
3 (iv) Relay information that is time sensitive between a transit or
4 for-hire operator and that operator's dispatcher, in which the device
5 is permanently affixed to the vehicle;
6 (d) A moving motor vehicle while using a hearing aid.
7 (3) Subsection (1) of this section does not restrict the operation
8 of an amateur radio station by a person who holds a valid amateur radio
9 operator license issued by the federal communications commission.

May I recommend that you print out a copy of this law and carry it in your vehicle at all times you plan on using an amateur radio. While it is not a 100% safegurd, it will give you a little leverage. If you do get pulled over for using a "wireless device" and the officer is unaware of the amateur radio exemption, KINDLY request to speak with a shift supervisor.

 

[eaf1956]

Was he referring to HAM radio use or using his CELL PHONE?

 

[RadioDaze]

Based on kd8ati's info:

You clearly CAN use your ham radio while driving.

You clearly CANNOT use your cellphone in violation of the rules, regardless of your ham radio license.

"I was told when the law was a secondary offence that amatuer radio operators were excempt, but my friend ( who is a police officer) told me that Im wrong."

Sounds like your friend is a better source of information than whomever gave you the conflicting advice. Buy that friend a nice lunch.

 

[DickH]

Based on kd8ati's info:

You clearly CAN use your ham radio while driving.

You clearly CANNOT use your cellphone in violation of the rules, regardless of your ham radio license.

"I was told when the law was a secondary offence that amatuer radio operators were excempt, but my friend ( who is a police officer) told me that Im wrong."

Sounds like your friend is a better source of information than whomever gave you the conflicting advice. Buy that friend a nice lunch.

I don't know why yapping on a Ham rig should be any different than yapping on a cell phone.
Of course, using it for an emergency is fine, and lawful. Just my opinion.

 

[Chris-KH2PM]

I don't know why yapping on a Ham rig should be any different than yapping on a cell phone.
Of course, using it for an emergency is fine, and lawful. Just my opinion.

Think about it Lukey..if they make 'yapping' on HAM illegal, then you won't be able to YAP on your CB either!

Break 19

 

[DickH]

Think about it Lukey..if they make 'yapping' on HAM illegal, then you won't be able to YAP on your CB either!

Break 19

CB? What's that? The only radio talking I do is on my fire department 160-channel Motorola MTS 2000.

 

[thinder]

Cell phone use

Thanks for all the good info.I guess I better just get used to the hands free.I just dont see those hands free devices being any safer that just holding the cell phone up to my ear. Oh well, thats the way it goes!! Thanks again.... Tim

 

[RadioDaze]

"I just dont see those hands free devices being any safer that just holding the cell phone up to my ear."

That's pretty astute, thinder. The distraction problem with the cell conversations is not substantially helped with a hands-free device. A full-duplex, interactive conversation is processed differently by the brain, which expects certain visual clues such as received when you converse with a passenger in your car. But your brain works harder and is more easily distracted without those clues, and you don't even realize this is happening. A two-way radio conversation has a different pace to it as it goes back and forth, and you're in control of the timing of your own response.

A theory of mine, anyway.

Now, texting while driving... don't get me started on that.

 

[n5ims]

So, if I read this correctly, based on section 1 "a person operating a moving motor vehicle while holding a wireless communications device to his or her ear is guilty of a traffic infraction." this law does not apply to a person operating "A moving motor vehicle using a wireless communications device in hands-free mode".

How would the case be handled if you were using your cell phone in hands-free mode (say using a blue tooth headset), but were still holding the device up to your ear? While not practical, this is possible. It may also be used to prevent a ticket by quickly turning on the blue tooth device when you see the blue lights flash (just turn away from the dashboard camera when you turn it on).

How about holding the cell phone in your hand (but not near your ear) either dialing or using the speakerphone function. This wouldn't satisfy the violation requirement "while holding a wireless communications device to his or her ear".

Sounds like the law has some holes a good lawyer could exploit for getting the ticket thrown out.

 

[thinder]

I completly agree that texting while driving is very dangerous,I must admit ive done it a couple of times and it terrified me. I will never do that again,but ive used the cell phone for work for the last 11 years,never even had a close call, but I see your point,it is distracting.

 

[Murstech]

It seems to me the intent of the law is not to ticket users who hold a microphone in their hand but ticket cell phone users only. Thats because they have no excuse for not ticketing mobile radio users in the past. If they ticket me for using a microphone I will select a jury trial and proclaim that if statistics are to be used to form the law then statistics can be used to defend against it. I will then submit evidence that millions of people used cb radios in the 70s as they use cell phones today. Not a single law was passed... Not a single complaint was made.. It is obvious that using a microphone in ones hand while driving is a safe practice.

What say you jury??? We have the evidence.

 

[mikepdx]

It doesn't much matter what anyone thinks about whether or not
amateur radio operators (operating) should be included in the ban.

The fact is that the operation of a mobile amateur station is exempt
from the cell phone ban in the state of Washington.

Blabber to your heart's content.
Enjoy the little bit of freedom you have left.

 

[eaf1956]

Next they will take out RADIOS, CD Players, DVD's and all the other things that DISTRACT drivers. Oh let's not forget GPS devices......GOOD LORD next we won't be able to drive drinking a six pack!

 

[lowboy654]

There are a lot of great out of State replays to this please keep in mind that you can still use your cell phone to call 911 or if you have it in speaker phone mode you can still use it like a walkie talkie, crazy I know but what are you going to do its the law.