CBs now require hands-free adapter in CA? CVC 23123

[WhistlerUser]

See http://dmv.ca.gov/pubs/vctop/d11/vc23123.htm

Basically the new revision of the cell phone law took effect this year that does not exclude two-way radios from the hands-free provision.

It would seem as if CB radios now require a hands-free adapter in CA, much like cell phones.

[Akosikojak]

I didn't read it that way, my understanding is V C Section 23123 was talking about wireless telephones, I didn't read anything about CB radios

23123 (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.

[Akosikojak]

Edit: Double post.

[WhistlerUser]

I didn't read it that way, my understanding is V C Section 23123 was talking about wireless telephones, I didn't read anything about CB radios

23123 (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.

Well it used to have specific verbiage excluding two-way digital radios (CBs are analog, but whatever). Now it doesn't.

Eh, nevermind. Looks like it referred to Nextel type PTT:

This section does not apply to a person when using a digital two-way radio that utilizes a wireless telephone that operates by depressing a push-to-talk feature and does not require immediate proximity to the ear of the user, and the person is driving one of the following vehicles:

[Arvetus]

They almost put something like that into effect here in TX with "wireless communication devices," but almost the entire amateur radio community in TX phoned and faxed the Capitol building that they actually requested that we stop calling and said the bill would be re-worded before they put it to the floor.

Now the way the law is worded, it specifically defines a "wireless communication device" as a "device that uses a commercial mobile service." which is a cell phone. Two-way radios are excluded because a commercial mobile service is not used to pass the traffic.

Based on what I read, it specifically says "wireless telephone," which a 2 way radio is not a wireless telephone. So sounds like the law is worded to exclude 2 way radios.

[mtucker]

The ham radio group (ARRL) has been watching all the hands free laws carefully and working with law makers. That doesn't mean you won't get a ticket for it, but there is precedent now for being able to use ham/CB radio in the car.

http://www.arrl.org/news/new-york-ju...t-a-cell-phone

Matt

[Arvetus]

The law says what the law says. Commercial Mobile Service requires a subscription and is connected via a switched, public telephone network. Two-way-radios, CB, ham, FRS, GMRS, etc, do not fit that definition, even if they do eventually remotely connect to a telephone service (autopatch).

Agencies such as the one mentioned in the above article, who cite or attempt to falsely cite amateur radio operators by making up their own definition of a law and ignoring the actual definition written into the legislation might ought to be careful. One day they may be put in a position to have to rely on it. I am fortunate to live in a community that is very ham-radio friendly and we are heavily involved and have a good working relationship with the local public service agencies who have been able to experience the value a ham operator brings first hand.

[Akosikojak]

The ham radio group (ARRL) has been watching all the hands free laws carefully and working with law makers. That doesn't mean you won't get a ticket for it, but there is precedent now for being able to use ham/CB radio in the car.

http://www.arrl.org/news/new-york-ju...t-a-cell-phone

Matt

Good article, In the NY court they got it right IMO. Also looks like New Jersey got it right and basically spelled it out to leave no doubt better than CA. New Jersey for instance http://lickyourtickets.com/trafficlaws/39_4-97.3.shtml