Cellphone law?

[jaymatt1978]

The problem is the law itself is poorly written and depending on what kind of mood the officer is in, you'll either be let go or get the book thrown at you. Secondly someone needs to get charged then challenge the law itself in court. I'd be really surprised if a ham got a ticket while operating mobile. The ARRL is usually pretty good at coming to the defense of ham operators caught in these situations. It's good that the local clubs are aware of this problem

 

[Rred]

Nice idea. But in reality, it is cheaper to pay a $100 or even $500 ticket, than to take multiple days off in court, hire an attorney (no contingeny fee on this one) and roll the dice as to whether you'll have to pay another ten grand in court courts and attorney fees if you don't win. Or, twenty grand.

That's the reality of these things.

 

[Seven-Delta-FortyOne]

For what it's worth, I called the local CHP office.

They told me that they will will not enforce the law against 2-way radio users. They said it is aimed at cellphone, I-pod, laptop users, not radio.

Keep in mind, this is a very rural area, and every log truck, dump truck, grader operator, water truck, lowboy, etc., has and uses a CB constantly. It would be a disaster if these folks couldn't communicate with each other on the back roads. I think the CHP understands this.

BUT, I'm sure other localities will do as they please. And they did ask me if I was a commercial driver (I am), so I don't know if that is a factor as well.


Delta

 

[ke6gcv]

For what it's worth, I called the local CHP office.

They told me that they will will not enforce the law against 2-way radio users. They said it is aimed at cellphone, I-pod, laptop users, not radio.

Keep in mind, this is a very rural area, and every log truck, dump truck, grader operator, water truck, lowboy, etc., has and uses a CB constantly. It would be a disaster if these folks couldn't communicate with each other on the back roads. I think the CHP understands this.

BUT, I'm sure other localities will do as they please. And they did ask me if I was a commercial driver (I am), so I don't know if that is a factor as well.


Delta

That certainly appears to be the consensus from here in this thread and elsewhere, and am very happy to hear that! But playing devil's advocate for just a moment, distracted is just that... distracted driving!

No matter what you're doing (changing your FM radio station, sipping on your soda, etc.). You still run the risk of being cited if your two-way radio is the cause of your distraction. Look at Reno, NV.

Effective 8 Aug 2016, PD there can cite you for what I just mentioned. Here's the info on that from news sources: Reno police crack down on distracted driving with new traffic laws | KRNV and New 'Inattentive Driving' Ordinance Goes Into Effect in City of - KTVN Channel 2 - Reno Tahoe Sparks News, Weather, Video. And the referenced Municipal Code to go along with it: https://www.municode.com/library/nv...d=PT2READCO_TIT6VETR_CH6.06RURO_S6.06.725INDR. Obviously this code doesn't target cell phone users specifically as they have a state law about that, but the code does target everything else. And it's just as vague as California's!

Ridiculous!

 

[bharvey2]

The California Vehicle Code has had a section in it devoted to distracted driving for some time. The CHP/police have always had the discretion to cite a driver for anything that distracts form or impairs the drivers ability to safely operate a vehicle.

 

[mmckenna]

And they did ask me if I was a commercial driver (I am), so I don't know if that is a factor as well.
Delta

I have a California CDL, and for quite a while they had a cell phone use rule on the books for commercial drivers. For passenger endorsements (what I have, long story...) there is a rule that says you cannot use the cell phone while driving -unless- there is an emergency.
CDL laws are a bit different than the average Joe, Class C license rules. Not huge differences, but a few.
That was likely why they were asking.

 

[mmckenna]

The California Vehicle Code has had a section in it devoted to distracted driving for some time. The CHP/police have always had the discretion to cite a driver for anything that distracts form or impairs the drivers ability to safely operate a vehicle.

Yeah, I like that. I think what they need to/should have done was to clarify the definition of "distracted driving" and just enforce the hell out of that. Cell phones are only part of the issue. Driving a larger vehicle, and spending a lot of time in a full size van as a passenger, lets you get a clear view of some of the stupid stuff people are doing rather than paying attention to driving.
Living in California, I've actually watched drivers busy trying to light their joint while driving, focusing on that, and weave off the road.

 

[com501]

It's time to issue a citizen citation to a CHP officer and demand proof in court that the LE driver had specific training on how to operate their cell phone without 'being distracted'. There was no such training at the academy in any year that I was in LE in California. Time for a class action.

-Or, you could simply escape Kalifornia like the rest of us smart folks.

 

[com501]

Living in California, I've actually watched drivers busy trying to light their joint while driving, focusing on that, and weave off the road.

That was a result of the previous joint!

 

[mmckenna]

That was a result of the previous joint!

Yeah, they'll usually tell you it's because they haven't had enough.

I've got a few co-workers that ride motorcycles. They often complain of getting headaches when lane splitting during traffic jams. There's so much MJ smoke sometimes that it actually makes them sick.

 

[KK4JUG]

It's time to issue a citizen citation to a CHP officer and demand proof in court that the LE driver had specific training on how to operate their cell phone without 'being distracted'. There was no such training at the academy in any year that I was in LE in California. Time for a class action.

-Or, you could simply escape Kalifornia like the rest of us smart folks.

Citizen citation? Can you imagine the mayhem on the streets if that was allowed? Anyway, he;s right. It may take a class action suit or a test case in court to clear it up.

 

[Delivers1234]

Citizen citation? Can you imagine the mayhem on the streets if that was allowed? Anyway, he;s right. It may take a class action suit or a test case in court to clear it up.

http://www.silkecom.com/Content/Downloads/Dynamic/2017-2/California-Distracted-Driving.pdf

 

[KK4JUG]

That's well and good (and probably good information) but I'd rather see "Attorney General" at the top of the letter for it to have an impact.

 

[SCPD]

Arizona doesn't even have a statewide law prohibiting cell phone use, including texting. Flagstaff, Phoenix and Tucson have prohibitions on texting. After we retired we moved back to where I grew up in northern Arizona about a year and a half ago and I think the state needs a cell phone law. People drift out of their lane and slow down while on the phone and its dangerous. Fortunately I don't live in town and don't have to drive in traffic very much.

I'm thinking about getting my amateur radio license at some point so I'm very interested in how cell phone laws include or exclude ham radio use. The exclusion for Nevada is only for a ham providing communications for a disaster or preparing for one in drills, training, etc. The law prohibits the use of any handheld device used to talk with another person. I'm good in Arizona for now and who knows how long in the future. A ham has to be careful about knowing the state cell phone laws everywhere he goes. I have some very good friends and one daughter in Lakeview Oregon and have to travel through Nevada and California to see them.

California's new law is bad news for hams. I think a ham could get a ticket and have the conviction hold up in court under that law. In my experience there is a lot of two way radio use in rural areas. There are lots of places where cell phones don't work in rural areas and two way radios work, sometimes because there are repeaters in places that have no cell towers. So in rural areas you have to have a mike in your hand to run or work for a business.

CB, Family Radio, amateur radio. farming and agriculture, tow trucks and utility businesses are specifically excluded from the prohibitions in Oregon's law. It appears to be a much better written law than those in California and Nevada, although what about plumbers, cabs, buses, private snow removal equipment, and many other similar services that depend on two way radio? It seems to me that all two way radio use should be excluded. I think there have been studies done that find two way radio use is not even close to the distraction for driving that cell phone use causes. I spent a career using radios nearly every day and know (and it was NPS police) to pull over and stop before picking up a cell phone. Cell phones are far more distracting than a radio. I used to drive Code 3 to emergencies and have two radios going, one on the park net and one on a tactical and switching mikes to use each.

 

[iamhere300]

Thinking about many people I have seen playing with their radio as they drive - across lanes - maybe we need laws applying to HAM radio

 

[KK4JUG]

Thinking about many people I have seen playing with their radio as they drive - across lanes - maybe we need laws applying to HAM radio

I don't buy that at all. First, you usually can't easily tell a ham from a salesman when they're in their private vehicles. Second, the number of hams with radios in their cars doesn't come close to the number of others with radios in their cars (unmarked police, CBers, etc.).

 

[plughie]

I wrote the San Jose PD. Thay say using a hand mic is a violation and it's up to the officer whether to issue a citation, at their discretion.


Sent from my iPhone using Tapatalk

 

[mikepdx]

A dreamland

Just a few more new laws out of Sacramento
and the nanny state of California will be a utopia.

Thanks for the heads up in San Jose.
I'll be sure to drive around the city limits
and buy gas and food elsewhere
next time I'm down that way.

 

[bharvey2]

Yeah, they'll usually tell you it's because they haven't had enough.

I've got a few co-workers that ride motorcycles. They often complain of getting headaches when lane splitting during traffic jams. There's so much MJ smoke sometimes that it actually makes them sick.

Yeah, you're not kidding. I can't track of the number of times I've driven around lately with the window down or got out of my truck in a parking lot and the smell of MJ is wafting through the air. It's everywhere. I guess we need a law for hand-free roach clips!

 

[ke6gcv]

The California Vehicle Code has had a section in it devoted to distracted driving for some time. The CHP/police have always had the discretion to cite a driver for anything that distracts form or impairs the drivers ability to safely operate a vehicle.

I've learned something new today! I shall go look it up and see what it says.

Thank you!