Author Topic: Ham Radio and CA Hands Free law  (Read 1089 times)

Sage Bromax

  • Hero Member
  • *****
  • Posts: 766
  • 4wd Pts: 15299
    • 2015 Pro-4XM6 Silver
Ham Radio and CA Hands Free law
« on: May 12, 2017, 09:54:16 AM »
There has been a clarification by the CHP on whether operating a ham radio while driving is the same as a cell phone.  Fortunately, they decided it isn't.  Note the italicized and bolded parts.  Here is the CHP memo:

From: Comm-Net Message [mailto:noreply@chp.ca.gov] Sent: Tuesday, March 28, 2017 8:23 AM
To: @CHP
Subject: Comm-Net: Enforcement of Section 23123.5 of the California Vehicle Code

Enforcement of Section 23123.5 of the California Vehicle Code
To: All Commands
Reference: Action Required
Subject: Enforcement of Section 23123.5 of the California Vehicle Code

Effective January 1, 2017, Section 23123.5 of the California Vehicle Code (CVC) was amended by Assembly Bill 1785, which substantially expanded the scope of Section
23123.5 CVC, from simply prohibiting the use of a wireless phone to text while driving, to prohibiting holding and operating a handheld wireless telephone or an electronic wireless communications device while driving.  However, a driver may still use a handheld wireless telephone or an electronic wireless communication device while driving when:

The handheld wireless communication device is mounted to a windshield (in compliance with Section 26708b CVC), dashboard, or center console
in a manner which does not interfere with the drivers view of the road, and;

The drivers hand is used to activate or deactivate a feature with a single tap or swipe of the  drivers finger.

Pursuant to Section 23123.5(f) CVC, the definition of an electronic wireless communications device includes, but is not limited to: a broadband personal  communication device, a specialized mobile radio device, a handheld device or laptop computer with mobile data access, a pager, or a two-way messaging device.

Section 23123.5 CVC does not apply to manufacturer-installed systems which are embedded in the vehicle, nor does it apply to an emergency services professional using a wireless telephone while operating an authorized Emergency vehicle, in the course and scope of employment.
For the purposes of Section 23123.5(f) CVC, a radio installed and mounted in a vehicle with a wired hand microphone (e.g., business band or citizen band [CB]radio) is not considered a wireless communication device, nor is it considered a specialized mobile radio device, and therefore is not subject to enforcement under this section.

This information will be added to an upcoming revision to Highway Patrol Manual 100.68, Traffic Enforcement Policy Manual, Chapter 5, Other Enforcement Issues.

CHP Headquarters/Office of the Commissioner/061/18227
“I am free, no matter what rules surround me. If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. I am free because I know that I alone am morally responsible for everything I do.” ― Robert A. Heinlein

occupantX

  • Full Member
  • ***
  • Location: 92127
  • Posts: 188
  • 4wd Pts: 65535
Re: Ham Radio and CA Hands Free law
« Reply #1 on: May 12, 2017, 10:00:58 AM »
Thank you for sharing, I was concerned about using radio on highway...I need t print this and keep with my radio for incase I get stopped by that one guy that did not get the notice :)
The non-club non-member formerly known as sdcaKLR, 'cause you know..bananas

RikRong

  • Hero Member
  • *****
  • Location: Freedom Country
  • Posts: 1372
  • 4wd Pts: 67
    • 2015 Pro4X Xterra
Re: Ham Radio and CA Hands Free law
« Reply #2 on: May 12, 2017, 10:37:34 AM »
This awesome, I'm going to cross-post this.  Thanks.
R. Long
2015 Metallic Blue P4X-->Clicky

Jayrat

  • Hero Member
  • *****
  • Location: SAN DIEGO
  • Posts: 1459
  • 4wd Pts: -666
  • FLBLFY
    • 2013 X
Re: Ham Radio and CA Hands Free law
« Reply #3 on: May 12, 2017, 10:44:30 AM »
Put it in my iPhone notes, Thank you
You can pick your nose & you can pick your friends,   But you can't wipe your friends under the couch