"Transmitting while driving"

[giguchan]

Question..
Does Holding a PTT Mic while driving fall under "distracted driving"? and no i'm not "asking for a friend" I am asking for me. I'm curious.. I have already asked 2 cops - one from each county. i'd ask as state cop but i haven't cornered one yet. One said that DD is doing ANYTHING other than paying attention to the road and the other didn't know the answer. We all know that holding up a cell phone is a NO NO but what about while we're on radio? I'm sure that every time you throw your call out you don't pull over(like you should do while making a phone call). I seem to remember seeing this topic before but i am not sure where.
Thanks

 

[danesgs]

Its sort of a grey area I think. I have worked folks mobile but usually here in the DC area you really need to concentrate on bad drivers. We have a QOD net every morning at 7 AM with folks listening and talking but mostly in the burbs and not around downtown. Still its LESS likely to be a distraction talking into a microphone than looking at a cell phone or texting. I would say best answer is to keep you eyes on the road. There is no easy answer to this question. IF sitting in bumper to bumper traffic then talk away, if doing 75 on the interstate with no congestion, same, but under rainy or foggy conditions listen only and eyes front.

 

[Hit_Factor]

Search up the law in your state. Read what that says and if you don't understand some of the legalieze ask for help.

Some states have exceptions for radios and ham operators. The FCC recently made the safest decision and said it does not support exceptions for amateur operators.

As an ex-cop, I can tell you asking cops for a legal opinion may produce misleading results.

Legal opinions should come from your Lawyer, if you want the real answer you have to pay for it.

Be careful when you listen to answers, don't let your wants color what you hear.

 

[innokuous1]

At face value, in my opinion, holding a PTT mic while driving does not violate NYS VTL sections 1225-C (use of mobile telephones) or 1225-D (use of portable electronic devices).

I don't think there is a NYS VTL section for "distracted driving."

That said, if one feels they've been improperly ticketed for that (or any VTL violation) and plead not guilty, you're looking at one maybe two court appearances to adjudicate it and you may still be found guilty or accept a plea bargain, which costs time and/or money.

It's best to be aware of your surroundings and use discretion when holding a PTT mic while driving in close proximity of those that can ticket you and not draw attention to yourself.

When the law was first introduced in NY State, I vaguely remember some language that specifically exempted two way radio communication. I tried to find the original law but couldn't. There is no longer any reference to that in the current law(s).

 

[w2lie]

Here are a few articles on this. You'll see that YMMV and may cost you a trip to the judge to plead your case.
Please note - these are articles within the last 15 years. (holy cow, are they that old already??)

https://www.eham.net/articles/12676

Does using your amateur radio in the car qualify as "distracted driving"?

An interesting topic came up on the commute this morning. One of our groups daily Ham radio commuters finishes his QSO with "well I will be ...

www.upstateham.com

And this one from "The League". New York Judge Declares Amateur Radio Is Not a Cell Phone

 

[bob550]

Just don't hold the mic in one hand, and a burger in the other!

 

[giguchan]

Thanks for all of the replies.... I am in NY so i was naturally interested in what the NY law has to say.It's also good to know what will go on if i travel out of state and decide to yack it up along the way.

 

[62Truck]

Dave NF2G would know the answer to this.

 

[W5lz]

I can't say about the law in your state but can tell you what common practice is here. It is not illegal to use a radio/microphone when moving in Oklahoma. It typically means that as long as you keep it fairly short, no problems occur from it, you are okay. It would constitute a double-standard.

 

[RF-Burns]

I see you are in NYS. Under the hands free law in NYS, ham radio and other 2-way radios are excluded from the hands free law. Talk away.

 

[ak716]

VTL 1225-C and 1225-D are the only things I could think of that you would be referring to. Regardless, two way radios are not included in the definition of a portable electronic device nor wireless telephone. VTL 1225-C is for Oper MV while using a mobile telephone (i.e. phone to your ear), more so , referred to as the "hands free law". VTL 1225-D is for Oper MV while using a portable electronic device (i.e. Texting, using GPS, etc)

(a) "Portable electronic device" shall mean any hand-held mobile
telephone, as defined by subdivision one of section twelve hundred
twenty-five-c of this article, personal digital assistant (PDA),
handheld device with mobile data access, laptop computer, pager,
broadband personal communication device, two-way messaging device,
electronic game, or portable computing device, or any other electronic
device when used to input, write, send, receive, or read text for
present or future communication

(a) "Mobile telephone" shall mean the device used by subscribers and
other users of wireless telephone service to access such service.
(b) "Wireless telephone service" shall mean two-way real time voice
telecommunications service that is interconnected to a public switched
telephone network and is provided by a commercial mobile radio service,
as such term is defined by 47 C.F.R. S 20.3.
(c) "Using" shall mean (i) holding a mobile telephone to, or in the
immediate proximity of, the user's ear; and (ii) with respect to a
person operating a commercial motor vehicle, holding a mobile telephone
to, or in the immediate proximity of, the user's ear, or dialing or
answering a mobile telephone by pressing more than a single button, or
reaching for a mobile telephone in a manner that requires such person to
maneuver so that he or she is no longer in a seated driving position,
restrained by a seat belt that is installed in accordance with section
393.93 of title 49 of the code of federal regulations and adjusted in
accordance with the vehicle manufacturer's instructions.
(d) "Hand-held mobile telephone" shall mean a mobile telephone with
which a user engages in a call using at least one hand.
(e) "Hands-free mobile telephone" shall mean a mobile telephone that
has an internal feature or function, or that is equipped with an
attachment or addition, whether or not permanently part of such mobile
telephone, by which a user engages in a call without the use of either
hand, whether or not the use of either hand is necessary to activate,
deactivate or initiate a function of such telephone. Provided, however,
that for purposes of this section, a mobile telephone used by a person
operating a commercial motor vehicle shall not be deemed a "hands-free
mobile telephone" when such person dials or answers such mobile
telephone by pressing more than a single button.

My unofficial opinion as a PO in NYS, as long as you're not texting on your radio, I don't see a way you could be charged with either section. NYS did a pretty good job defining it and made it pretty clear.

 

[diver]

See attached letter from NYS DMV to ARRL written in 2013.

 

[ARS-NET]

Spelled out perfectly clear in plain English.

"...Thus, if the ham radio meets the definition of a portable electronic device, then "using" such device while operating a motor vehicle is prohibited under VTL Section 1225-d (Please note the exceptions as provided in VTL Section 1225-d(3)). However, if the ham radio does not meet the definition of portable electronic device, or if it does but the motorist is not "using" the device as defined above while operating a motor vehicle, then the use of such device while operating a motor vehicle does not violate the texting law... "