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us_ham_radio_laws_mobile [2023/10/31 20:06] KD6KPC [Connecticut] |
us_ham_radio_laws_mobile [2023/10/31 20:19] (current) KD6KPC [Indiana] |
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The views expressed at, or through, this site are those of the individual authors writing in their individual capacities only – not those of their respective employers, the ABA, or committee/ | The views expressed at, or through, this site are those of the individual authors writing in their individual capacities only – not those of their respective employers, the ABA, or committee/ | ||
+ | ===== Alabama ===== | ||
+ | |||
+ | **Alabama Code Title 32. Motor Vehicles and Traffic § 32-5A-350** | ||
+ | |||
+ | Current as of December 30, 2022 | ||
+ | |||
+ | (a) For purposes of this article, the following words have the following meanings: | ||
+ | |||
+ | (1) Wireless telecommunication device. A handheld cellular telephone, a text-messaging device, a personal digital assistant, a stand alone computer, or any other similar wireless device that is readily removable from a vehicle and is used to write, send, or read text or data through manual input. The term “wireless telecommunication device” does not include a device which is voice-operated and which allows the user to send or receive a text-based communication without the use of either hand except to activate or deactivate a feature or function. | ||
+ | |||
+ | (2) Write, send, or read a text-based communication. Using a wireless telecommunication device to manually communicate with any person using text-based communication, | ||
+ | |||
+ | (b) A person may not operate a motor vehicle on a public road, street, or highway in Alabama while using a wireless telecommunication device to write, send, or read a text-based communication. | ||
+ | |||
+ | (c) A person who violates subsection (b) is subject to fines as follows: | ||
+ | |||
+ | (1) Twenty-five dollars ($25) for a first violation. | ||
+ | |||
+ | (2) Fifty dollars ($50) for a second violation. | ||
+ | |||
+ | (3) Seventy-five dollars ($75) for a third or subsequent violation. | ||
+ | |||
+ | (d) Law enforcement officers enforcing this section may treat a violation of this section as the primary or sole reason for issuing a citation to a driver. | ||
+ | |||
+ | (e) The following uses of wireless communication devices shall not be subject to the restrictions in this section: | ||
+ | |||
+ | (1) An individual using a wireless communication device to obtain emergency services including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity. | ||
+ | |||
+ | (2) An individual using a wireless communication device while the motor vehicle is parked on the shoulder of the highway, road, or street. | ||
+ | |||
+ | (3) An individual using a wireless communication device as a global positioning or navigation system to receive driving directions which has been pre-programmed with the desired coordinates. The programming of coordinates while operating a vehicle remains a violation of this section. | ||
+ | |||
+ | **Opinion: | ||
===== Alaska ===== | ===== Alaska ===== | ||
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2. " | 2. " | ||
- | **Opinion: | + | **Opinion: |
+ | ===== Arkansas ===== | ||
+ | |||
+ | **2010 Arkansas Code | ||
+ | Title 27 - Transportation | ||
+ | Subtitle 4 - Motor Vehicular Traffic | ||
+ | Chapter 51 - Operation Of Vehicles -- Rules Of The Road | ||
+ | Subchapter 15 - Paul's Law: To Prohibit Drivers of Motor Vehicles from Using Handheld Wireless Telephones to Engage in Text Messaging | ||
+ | § 27-51-1504 - Use of a handheld wireless telephone when driving. | ||
+ | 27-51-1504. Use of a handheld wireless telephone when driving.** | ||
+ | |||
+ | (a) Except as provided in subsection (b) of this section, a driver of a motor vehicle shall not use a handheld wireless telephone for wireless interactive communication while operating a motor vehicle. | ||
+ | |||
+ | (b) (1) A driver of a motor vehicle may use a handheld wireless telephone for wireless interactive communication in emergencies. | ||
+ | |||
+ | (2) A person is exempt from the requirements of subsection (a) of this section if performing his or her official duties as a: | ||
+ | |||
+ | (A) Certified law enforcement officer; | ||
+ | |||
+ | (B) Firefighter; | ||
+ | |||
+ | (C) Ambulance driver; or | ||
+ | |||
+ | (D) Emergency medical technician. | ||
===== California ===== | ===== California ===== | ||
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**Opinion: | **Opinion: | ||
+ | |||
+ | ===== Indiana ===== | ||
+ | |||
+ | **IC 35-44-3-12 | ||
+ | Unlawful use of a police radio; exemptions; " | ||
+ | |||
+ | Sec. 12. (a) A person who knowingly or intentionally: | ||
+ | |||
+ | (1) possesses a police radio; | ||
+ | |||
+ | (2) transmits over a frequency assigned for police emergency purposes; or | ||
+ | |||
+ | (3) possesses or uses a police radio: | ||
+ | |||
+ | (A) while committing a crime; | ||
+ | |||
+ | (B) to further the commission of a crime; or | ||
+ | |||
+ | (C) to avoid detection by a law enforcement agency; | ||
+ | commits unlawful use of a police radio, a Class B misdemeanor. | ||
+ | |||
+ | (b) Subsection (a)(1) and (a)(2) do not apply to: | ||
+ | |||
+ | (1) a governmental entity; | ||
+ | |||
+ | (2) a regularly employed law enforcement officer; | ||
+ | |||
+ | (3) a common carrier of persons for hire whose vehicles are used in emergency service; | ||
+ | |||
+ | (4) a public service or utility company whose vehicles are used in emergency service; | ||
+ | |||
+ | (5) a person who has written permission from the chief executive officer of a law enforcement agency to possess a police radio; | ||
+ | |||
+ | (6) a person who holds an amateur radio license issued by the Federal Communications Commission if the person is not transmitting over a frequency assigned for police emergency purposes; | ||
+ | |||
+ | (7) a person who uses a police radio only in the person' | ||
+ | |||
+ | (8) a person: | ||
+ | |||
+ | (A) who is regularly engaged in newsgathering activities; | ||
+ | |||
+ | (B) who is employed by a newspaper qualified to receive legal advertisements under IC 5-3-1, a wire service, or a licensed commercial or public radio or television station; and | ||
+ | |||
+ | (C) whose name is furnished by his employer to the chief executive officer of a law enforcement agency in the county in which the employer' | ||
+ | |||
+ | (9) a person engaged in the business of manufacturing or selling police radios; or | ||
+ | |||
+ | (10) a person who possesses or uses a police radio during the normal course of the person' | ||
+ | |||
+ | (c) As used in this section, " | ||
+ | |||
+ | (1) can be installed, maintained, or operated in a vehicle; or | ||
+ | |||
+ | (2) can be operated while it is being carried by an individual. | ||
+ | The term does not include a radio designed for use only in a dwelling. | ||
+ | |||
+ | **Opinion: |