Are YOU a Mobile HAM?
(updated Mar 13, 2015 -- ARRL Advisory) 
(Currently, local enforcement should only be able to issue a WARNING -- NOT a TICKET!)
What does the Revised Code of Washington (RCW) say?
Using a wireless communications device while driving. Please review: RCW 46.61.667 "... does not restrict the operation of an amateur radio station by a person who holds a valid amateur radio operator license issued by the federal communications commission." ALSO, please see Original Post: [P-2012-11-14]
Current info about the WA Legislature's attempt to repeal RCW 46.61.667:
SB 5656 - 2015-16 Home (if enacted, it will become law on August 1, 2015) How to Create and Send a Comment on a Bill |
Note: this material if provided because this topic
has been mentioned recently on the 9 O'Clock Nets.
has been mentioned recently on the 9 O'Clock Nets.
| Bad HAMs, whatcha gonna do... TXing on the road, enjoying QSOing with you! When WA State Lawmakers come for you... Tell me whatcha wanna do, whatcha gonna do? |
(updated Mar 13, 2015 -- ARRL Advisory)
There
is a bill in our State Senate we need to watch.
Please read this email carefully
Daniel Stevens KL7WMPlease read this email carefully
President FWARC
From:
memberlist@www.arrl.org
To: president@fwarc.org
Sent: 3/13/2015 7:47:24 P.M. Pacific Daylight Time
Subj: Washington Engrossed Substitute Senate Bill 5656
To: president@fwarc.org
Sent: 3/13/2015 7:47:24 P.M. Pacific Daylight Time
Subj: Washington Engrossed Substitute Senate Bill 5656
It has come to my attention there may be Amateur Radio Service operators writing to the legislature regarding this bill.
ARRL Headquarters staff have reviewed this bill and asked for comment from the league's general counsel.
The basis for this bill is a federal act known as Moving Ahead for Progress in the 21st Century or MAP 21.
Basic information on MAP 21 can be found at: http://www.dot.gov/map21
You may find Engrossed Substitute Senate Bill 5656 at:
http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/Senate%20Bills/5656-S.E.pdf
The focus of MAP 21 and Engrossed Substitute Senate Bill 5656 is
"Personal Wireless Communications Devices."
ARRL has the definition of personal wireless communications devices at:
http://www.arrl.org/mobile-amateur-radio-policy
“Personal Wireless Communications Device” as used herein means a
device through which commercial mobile services, unlicensed wireless
services, and common carrier wireless exchange access services are
transmitted. Such devices include hand held or portable electronic
equipment capable of providing full duplex, wireless voice or data
communications via the public switched telephone network between two or
more people, and devices for text messaging or paging, but do not
include two-way radio communications equipment such as that used in the
Amateur Radio Service."
The ARRL's position is that amateur radio does not need an exclusion
because it is not included in the definition of personal wireless
communications device as used in the federal law and Engrossed
Substitute Senate Bill 5656.
Please bear in mind that an amateur handheld transceiver could be
confused for a device covered by the federal law and state proposed
law. If an officer sees the driver of a vehicle driving erratically and
holding something that appears to be a prohibited device they have the
duty to determine if in deed it is a prohibited device. The federal law
and ESSB 5656 are about the safety of those of us using the public
roadways. Distracted driving is a serious problem on our roadways.
Please take a few minutes to read ESSB 5656 and MAP 21 to see that
amateur radio is not mentioned or included in the definition of
personal wireless communications device.
73,
Monte, W7MLS
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ARRL Western Washington Section
Section Manager: Monte L Simpson, W7MLS
w7mls@arrl.org
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From: Mike Karpelman [mailto:mikarpe@hotmail.com]
Sent: Thursday, March 12, 2015 11:46 AM
To: psrg.fun@gmail.com
Subject: WA Senate Bill 5656 "Enhancing public safety by reducing distracted driving incidents caused by the use of personal wireless communications devices"
Sent: Thursday, March 12, 2015 11:46 AM
To: psrg.fun@gmail.com
Subject: WA Senate Bill 5656 "Enhancing public safety by reducing distracted driving incidents caused by the use of personal wireless communications devices"
Hello,
Would you please consider posting the below information on the PSRG.org website:
Washington State Senate Bill SB 5656 titled “Enhancing public safety by reducing distracted driving incidents caused by the use of personal wireless communications devices” passed the Senate on Tuesday March 10, 2015 and the bill now moves to the House for consideration.
Please read the article on this bill entitled “Senate Bill 5656: Bans all electronics while driving”, posted at http://piercepioneernews.com/9028/commentary/senate-bill-5656-bans-all-electronics-while-driving/
Please also read the Policy Statement of the ARRL regarding Mobile Amateur Radio Operation at http://www.arrl.org/files/file/MobileAmateurRadioPolicyStatement.pdf
To post your comments about this bill to your Washington State Legislature, go to http://apps.leg.wa.gov/billinfo/summary.aspx?bill=5656&year=2015, and select the “Comment on this Bill” link.
Comments are limited to 1,000 characters (both text and spaces).
Would you please consider posting the below information on the PSRG.org website:
Washington State Senate Bill SB 5656 titled “Enhancing public safety by reducing distracted driving incidents caused by the use of personal wireless communications devices” passed the Senate on Tuesday March 10, 2015 and the bill now moves to the House for consideration.
Please read the article on this bill entitled “Senate Bill 5656: Bans all electronics while driving”, posted at http://piercepioneernews.com/9028/commentary/senate-bill-5656-bans-all-electronics-while-driving/
Please also read the Policy Statement of the ARRL regarding Mobile Amateur Radio Operation at http://www.arrl.org/files/file/MobileAmateurRadioPolicyStatement.pdf
To post your comments about this bill to your Washington State Legislature, go to http://apps.leg.wa.gov/billinfo/summary.aspx?bill=5656&year=2015, and select the “Comment on this Bill” link.
Comments are limited to 1,000 characters (both text and spaces).
Thanks!
Mike Karpelman
mikarpe@hotmail.com
----------------
Mike Karpelman
mikarpe@hotmail.com
----------------
From: Mike Karpelman [mailto:mikarpe@hotmail.com]
Sent: Thursday, March 12, 2015 2:05 PM
To: 'psrg.fun@gmail.com'
Subject: RE: WA Senate Bill 5656 "Enhancing public safety by reducing distracted driving incidents caused by the use of personal wireless communications devices"
Sent: Thursday, March 12, 2015 2:05 PM
To: 'psrg.fun@gmail.com'
Subject: RE: WA Senate Bill 5656 "Enhancing public safety by reducing distracted driving incidents caused by the use of personal wireless communications devices"
Here is more information:
Per Section 7 of Engrossed Substitute SB 5656, the bill would repeal RCW 46.61.667 (refer to Section 7 at the bottom of http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/Senate%20Bills/5656-S.E.pdf)
Today RCW 46.61.667 entitled “Using a wireless communications device or hand-held mobile telephone while driving” states that it “DOES NOT restrict the operation of an amateur radio station by a person who holds a valid amateur radio operator license issued by the federal communications commission” (reference http://apps.leg.wa.gov/rcw/default.aspx?cite=46.61.667)
So unless SB 5656 is amended to specifically allow Amateur Radio use in a moving motor vehicle it will become illegal to operate the amateur radio in a moving vehicle.
Definitions:
ENGROSSED BILL “A bill which reflects all amendments made in the house of its origin”
SUBSTITUTE “A version of a bill offered by a committee in the first house. If adopted, the substitute replaces the original bill or resolution. The floor and the second house cannot offer substitutes.”
Thanks!Per Section 7 of Engrossed Substitute SB 5656, the bill would repeal RCW 46.61.667 (refer to Section 7 at the bottom of http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/Senate%20Bills/5656-S.E.pdf)
Today RCW 46.61.667 entitled “Using a wireless communications device or hand-held mobile telephone while driving” states that it “DOES NOT restrict the operation of an amateur radio station by a person who holds a valid amateur radio operator license issued by the federal communications commission” (reference http://apps.leg.wa.gov/rcw/default.aspx?cite=46.61.667)
So unless SB 5656 is amended to specifically allow Amateur Radio use in a moving motor vehicle it will become illegal to operate the amateur radio in a moving vehicle.
Definitions:
ENGROSSED BILL “A bill which reflects all amendments made in the house of its origin”
SUBSTITUTE “A version of a bill offered by a committee in the first house. If adopted, the substitute replaces the original bill or resolution. The floor and the second house cannot offer substitutes.”
Mike Karpelman
KG7NBA
mikarpe@hotmail.com