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Begin forwarded message:
Subject: Washington Senate Bill 5289 2017-18 - Distracted DrivingDate: February 5, 2017 at 7:22:29 AM PST
Following my email about House Bill 1371 – 2017 – 18 Distracted Driving,
I received questions about Senate Bill 5289 – 2017-18. The
wording and purpose of the senate bill is identical to the house bill.
Information regarding this bill may be found at:
http://app.leg.wa.gov/billsummary?BillNumber=5289&Chamber=Senate&Year=2017
“Revises distracted driving provisions with regard to portable
electronic devices which are defined as a device that is capable of
wireless communication or electronic data retrieval and is not
manufactured primarily for hands-free use in a motor vehicle.”
The bill repeals Revised Code of Washington (RCW) 46.61.667 and 668.
Then will add a new RCW that addresses “personal electronic device
while driving a motor vehicle on a public highway.” Unlike the
current statute, the proposed law does not provide an exemption for
members of the Federal Communications Commission’s Amateur Radio
Service.
I need to share an observation with you regarding RCW 46.61.667 and
that is the intent comments of the statute:
“Intent—2007 c 417: "The use of wireless communications devices by
motorists has increased in recent years. While wireless communications
devices have assisted with quick reporting of road emergencies, their
use has also contributed to accidents and other mishaps on Washington
state roadways. When motorists hold a wireless communications device in
one hand and drive with the other, their chances of becoming involved in
a traffic mishap increase. It is the legislature's intent to phase out
the use of handheld wireless communications devices by motorists while
operating a vehicle." [ 2007 c 417 § 1.]”
I am not sure how this effects the outcome we’re seeking, but that is
a point we’re seeking guidance on.
Today one of ARRL’s volunteer counsel suggested that the league’s
counsel be contacted about both bills. I have sent an email to Mr.
Chris Imlay asking for guidance on dealing with the legislature
regarding both bills. I will share his response with the Western
Washington Section when it is received.
Those of us in the Amateur Radio Service will be adversely impacted if
Senate Bill 5289 were to be enacted and signed into law without an
exemption as currently provided for in the current law. We would not be
able to not only engage in hobby communications, we would be not allowed
to engage in communications for public service events such as walks,
bike rides and perhaps parades. Further, use of amateur radio in
support of Search and Rescue or moving windshield surveys would not be
allowed. Our FCC licenses are issued at the public’s interest,
convenience and necessity. It would not be in the public’s best
interest for the Amateur Radio Service to not be exempted from the law.
It is important to note that the exemption would be only if the amateur
is otherwise lawfully operating their vehicle.
SB 5289 is currently in the Senate Transportation Committee. Sponsors
of this bill are Senators Rivers, Liias, Miloscia, Carlyle, Kuderer. If
you would like to communicate with one of the sponsors or your
representative, please be courteous and respectful to them. You can
find information on how to contact members of the house/senate
transportation committees at:
http://leg.wa.gov/Senate/Committees/TRAN/Pages/MembersStaff.aspx
http://leg.wa.gov/House/Committees/TR/Pages/MembersStaff.aspx
Other useful links are:
To find your legislators see the excellent map at:
http://app.leg.wa.gov/districtfinder
Click on your district and your two representatives and senator will be
displayed. Click on one of the names and you’ll be taken to a page
with contact information for house or senate.
On February 7, 2017, at 3:30 p.m. the bill will be discussed in the
Senate Committee on Transportation. It is suggested that you keep tabs
on the bill at the site above in case the meeting time changes.
The Western Washington Section State Government Liaison Lee Chambers,
KI7SS, is planning on attending the meeting. It would help greatly if
you could attend to explain what the impact would be on you and your
stakeholders if the bill is passed as written.
Thank you to the ARRL members in the Western Washington Section who
emailed or called me with your comments. I would greatly appreciate it
if you would share with me any responses you receive from your
legislators.
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ARRL Western Washington Section
Section Manager: Monte L Simpson, AF7PQ
af7pq@arrl.org
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