Penn. SB 583 Bans Ham Radio in Cars - RF Cafe Forums

 Post subject: Penn. SB 583 Bans Ham Radio in Cars

Posted: Thu Feb 24, 2011 10:04 am 

Greetings:

There was recently a case in NY where a policeman ticketed a Ham operator for using his phone. The judged ruled in the Ham's favor since the law applied specifically to wireless phones.

I just received this e-mail alert from the ARRL Westerna Penn. Section Manager John Rodgers, N3MSE:

I have been made aware of a proposed bill introduced into the Pa Senate by Sen. Ferlo. The legislation designated as Senate bill (SB583) would prohibit the operation of any communications device while mobile. The legislation does not exempt Amateur Radio in any manner and needs to be quickly amended to protect our rights. This bill has been referred to the transportation committee and needs to be defeated or revised.

The text of the proposed bill is available at http://www.legis.state.pa.us/ in the top right you can search for the SB583 [complete text of the bill posted below] and then see a complete copy of the bill. I also have the text available as a pdf for anyone needing a copy.

You can then see a complete copy of the text of the proposed bill.

I urge everyone to voice their concerns with regard to this proposed legislation as well as to spread the word about this threat to our operations for both emergency and general use.

73
John Rodgers, N3MSE
W. Pa. Section Manager

-------------------------------------------------
ARRL Western Pennsylvania Section
Section Manager: John V Rodgers, N3MSE
n3mse@arrl.org
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http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2011&sessInd=0&billBody=S&billTyp=B&billNbr=0583&pn=0592

THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL

No.
583
Session of

2011

INTRODUCED BY FERLO, FONTANA, STACK, ERICKSON, COSTA, KITCHEN, WILLIAMS, BREWSTER AND WASHINGTON, FEBRUARY 18, 2011

REFERRED TO TRANSPORTATION, FEBRUARY 18, 2011

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, prohibiting the use of mobile telephones and hand-held communication devices.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Title 75 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:

§ 3316. Prohibiting the use of mobile telephones and hand-held communication devices.

(a) Prohibition.--Except as otherwise provided in this section, no person shall operate a motor vehicle upon a highway while using a mobile telephone or hand-held communication device to engage in a call or wireless communication while the vehicle is in motion.

(b) Presumption.--An operator of a motor vehicle who uses a mobile telephone or hand-held communication device while the vehicle is in motion is presumed to be engaging in a call or wireless communication within the meaning of this section. The presumption established by this subsection is rebuttable by evidence tending to show that the operator was not engaged in a call or wireless communication.

(c) Seizure.--The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a mobile telephone or hand-held communication device, unless otherwise provided by law.

(d) Applicability.--This section shall not apply to:

(1) the use of a mobile telephone or hand-held communication device for the sole purpose of communicating with any of the following regarding an emergency situation:

(1) an emergency response operator; a hospital, physician's office or health clinic; an ambulance company or corps; a fire department, district or company; or a police department;

(2) any of the following persons while in the performance of their official duties: a police officer or peace officer; a member of a fire department, district or company; or

(3) the use of a hands-free mobile telephone.

(e) Penalty.--A violation of subsection (a) is a summary offense punishable by a fine of not more than $100.

(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Engage in a call." Talking into or listening on a hand-held mobile telephone or hand-held communication device, but shall not include holding a mobile telephone or hand-held communication device to activate, deactivate or initiate a function of the telephone or device.

"Hand-held communication device." An electronic device that provides mobile telephone service or other wireless communication functions. The term includes a two-way radio device that provides radio communication between mobile and land stations or between mobile stations. The term does not include a voice-activated global positioning or navigation system that is permanently affixed to a motor vehicle.

"Hands-free mobile telephone." 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 the 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.

"Immediate proximity." That distance as permits the operator of a mobile telephone or hand-held communication device to hear telecommunications transmitted over the mobile telephone or hand-held communication device, but shall not require physical contact with the operator's ear.

"Mobile telephone." The device used by subscribers and other users of wireless telephone service to access service.

"Text message." Short messaging service or the process by which users send or receive messages on wireless handsets. For purposes of this definition, an e-mail shall be considered a text message.

"Using." Holding a mobile telephone or hand-held communication device to, or in the immediate proximity of, the operator's ear or performing a wireless communication function.

"Wireless communication." Includes a text message, e-mail, push e-mail, Internet fax and Web browsing.

Section 2. This act shall take effect in 60 days.

_________________
- Kirt Blattenberger
RF Cafe Progenitor & Webmaster

 Post subject: Re: Penn. SB 583 Bans Ham Radio in Cars

Posted: Sat Jun 25, 2011 9:01 am 

This bill is still pending action. It's this kind of stuff that pits the public against the police. I'm a HUGE supporter of the police and recognize that they must be afforded a reasonable level of protection for their own well-being, but this is not a applicable instance. I also acknowledge that just because a hand-held radio operator might be a licensed Ham does not mean she is any more situationally aware or competent than an airheaded teenager or 20-something. However, something like a grandfather clause should aply for Ham radio since it has been around for so long. I have 60-year-old QSTs that show guys with mobiles in their jalopies.

This is primarily another case of government looking to control every aspect of society. Look at England today to see what that gets you - a total nanny state. They don't tolerate much in the way of personal freedoms, other than allowing readical muslims to overpopulate the country and cause the most popular name for newborn males to be Mohammed. You'd better wake up people. At the risk of sounding trite, we're beginning to be run like Nazi Germany.

http://www.telegraph.co.uk/news/religion/6194354/Mohammed-is-most-popular-name-for-baby-boys-in-London.html" onclick="window.open(this.href);return false;