A message from Atlantic Division Director K3RF on the new hand free driving law

Pennsylvania’s new distracted driving law just went into effect. Many
of you have asked me about the law and whether it affects ham radio
operations. An interactive mobile device was broadly defined in the new
law. The law now adds to the existing prohibition on texting while
driving. Use of a cell phone or other device being held in your hand is
generally prohibited. As presented, it included hand-held microphones
and hand-held transceivers. All uses which are hands free are generally
excepted, but few mobile radios have a hands-free option, at least not
yet.

So is there an exemption for hams? Yes, after quite a struggle.
Though negotiated over some time a few years ago – I was present during
two teleconferencing meetings with the sponsoring elected officials –
our exemption got striped out of the bill at the last minute years later
and then passed the PA legislature. I only heard about the last minute
change due to the diligence of a ham who follows new bills being
introduced. Our League should be monitoring such laws for you, did for
years, and then stopped a few years ago.

We had two weeks or so to try and add back a reasonable exemption I had
helped mold a few years before. After sending out a message here for
help, many PA radio clubs stepped up and used our circulated talking
points why our use of radio was different that the causal use of
consumer devices by the general public. I demonstrated this in a video
production sent to legislators a few years ago.

We also saw an opportunity to partner with our volunteer emergency
responders who use radio in their personal cars in responding to
emergencies with public safety band radios. That use too was not
exempt! To my surprise, many of our legislators in PA did not realize
volunteer firefighters, EMS and other such trained members of the public
are not stationed at nor responding from a fire station or similar
facility for a 911 call. Rather, we report in on our radios as we
respond.

PA Representatives needed to be educated that the exemption they
provided for emergency vehicles (special plates for EMS and fire trucks)
did not cover us. To their credit they appreciated the problem after
discussions. I drafted the language for both hams and emergency
response volunteers you see now. Many of you made phone calls and sent
letters to your representatives. It worked.

The PA Senate voted on the updated bill and the PA House then voted to
accept the changes. You should note that other radio services, GMRS and
CB (if not a commercial driver) for example, are not exempted. That was
not our fight and may have been a bridge too far for our efforts.
Excerpts of the exemptions mentioned above are:

(4) a mobile or handheld radio being used by a person
with an amateur radio station license issued by the fed eral
communications commission; . . .

(6) a device being used exclusively by an emergency
service responder while engaged in the performance of duties; . . .

There are other exemptions but they involve GPS use and commercial
vehicle drivers (think UPS and such using tablets for deliveries). The
bottom line is that we have a limited exemption to use radio while
mobile, but let’s not be lulled into a sense of security. You are
still responsible for safe operations regardless. Your use of a radio
while driving can still be an element of liability if you are involved
in an accident caused by your distracted driving. Let’s show the
public how it should be done. Let’s be the good guys and gals whether
operating while driving or not. And I recommend you always carry a copy
of your FCC license in the glove box. Keep it with your registration
and such. It is easy enough to print out an official copy from your
file with the FC C. If an officer does not know about the exemption, DO
NOT start an argument. Deal with any exemption in court.

And I have already received a call asking if you are using an Echolink
or similar remote type operation on your phone while driving, are you
covered? Well, this illustrates why they invented lawyers and how words
have meaning. While I attempted to offer broader language, it was
rejected so that no loophole would exist for hams to use handheld phones
generally – use your Bluetooth hands free for the cellphone device.

A prosecutor of an issued ticket would argue that the phone used for
remote access is not a radio nor meant to be included. A defense lawyer
would argue it is of course a radio (wireless) and it was in use with
your amateur privileges (see the exemption – …being used by a person
with an amateur radio station license issued by the federal
communications commission). So, do so at your own risk if you do not
have a PTT accessory device allowing the cellphone to stay in a holder
and be used as a mobile radio. Let’s not push this. Welcome to my
world as a practicing lawyer. But in the end, we dodged the proverbial
bullet. Mobile on, but let’s keep our eyes on the road.

73, and I will see you on the radio . . .

Bob Famiglio, K3RF
ARRL Atlantic Division Director
Chairman Legal Defense Committee
Chairman ARES Subcommittee
610-359-7300

www.QRZ.com/db/K3RF