User Tools

Site Tools


us_ham_radio_laws_mobile

Differences

This shows you the differences between two versions of the page.

Link to this comparison view

Both sides previous revision Previous revision
Next revision
Previous revision
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]
Line 12: Line 12:
  
 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/task force as a whole.  All liability with respect to actions taken or not taken based on the contents of this site are hereby expressly disclaimed.  The content on this posting is provided "as is;" no representations are made that the content is error-free. 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/task force as a whole.  All liability with respect to actions taken or not taken based on the contents of this site are hereby expressly disclaimed.  The content on this posting is provided "as is;" no representations are made that the content is error-free.
 +===== 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, including, but not limited to, communications referred to as a text message, instant message, or electronic mail. The term does not include reading, selecting, or entering a telephone number or name in a cell or wireless telephone or communication device for the purpose of making a telephone call.
 +
 +(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:** Legal, if using a radio that is not readily removable from the vehicle. For example, a mobile radio that has been installed into the vehicle as to be attached is legal. A handheld radio (handie-talkie) would not be legal.
 ===== Alaska ===== ===== Alaska =====
  
Line 146: Line 179:
 2. "Stand-alone electronic device" means a portable device other than a portable wireless communication device that stores audio or video data files to be retrieved on demand by a user. 2. "Stand-alone electronic device" means a portable device other than a portable wireless communication device that stores audio or video data files to be retrieved on demand by a user.
  
-**Opinion:** Use of a mobile radio is permitted. Use of a portable (handi-talkie) is prohibited unless reporting an emergency.+**Opinion:** Legal. Use of a mobile radio is permitted. Use of a portable (handi-talkie) is prohibited unless reporting an emergency. 
 +===== 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 =====
  
Line 193: Line 250:
  
 **Opinion:** Legal. Amateur radio use while operating a motor vehicle is permitted. **Opinion:** Legal. Amateur radio use while operating a motor vehicle is permitted.
 +
 +===== Indiana =====
 +
 +**IC 35-44-3-12
 +Unlawful use of a police radio; exemptions; "police radio" defined**
 +
 +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's dwelling or place of business;
 +
 +(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's principal office is located;
 +
 +(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's lawful business.
 +
 +(c) As used in this section, "police radio" means a radio that is capable of sending or receiving signals transmitted on frequencies assigned by the Federal Communications Commission for police emergency purposes and that:
 +
 +(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:** Legal. Amateur radio operators holding a valid FCC license are exempted from the restrictions. GMRS licensees are not mentioned and therefore not exempted.
us_ham_radio_laws_mobile.1698800812.txt.gz · Last modified: 2023/10/31 20:06 by KD6KPC