[Alexandria Radio Club Reflector] FW: Virginia 2017 Potential Legislation

[Don Lewis (KI4D)]

This could be a real threat to amateur mobile operations, especially to use of hand-held amateur radios in vehicles  -- " A BILL to amend and reenact § 46.2-1078.1 of the Code of Virginia, relating to hands-free operation of handheld personal communications devices in motor vehicle." The Virginia Section Manager has every reason to be concerned.,  Amateurs in the state of New York had a problem in this area, but now amateur radio is recognized as an emergency service in New York, see link: https://dmv.ny.gov/custom-plates/ham-radio-operator.

Don


-----Original Message-----
From: ARRL Members Only Web site [mailto:memberlist at www.arrl.org] 
Sent: Sunday, January 8, 2017 11:03 AM
Subject: Virginia 2017 Potential Legislation

Jan 8 2017

IMPORTANT INFORMATION CONCERNING ALL AMATEUR RADIO OPERATORS IN VIRGINIA

OK----here we go again. Virginia legislators are scheduled to convene again in the next several days.  There is a Senate Bill # 860 which again is trying to prevent the operation including texting and other operations affecting two way radio while operating a motor vehicle. The bill as you can read below----shows an exception for citizens band radio and other special equipment and situations-------HOWEVER IT DOES NOT EXEMPT AMATEUR RADIO OPERATION.

It is important you contact your local Virginia Legislator and request the they MODIFY the wording in Senate Bill #860 -----TO INCLUDE AMATEUR RADIO ------IN ADDITION TO CITIZENS BAND RADIO ---AS AN EXCEPTION IN ITEM B-5, AS NOTED IN THIS EXISTING BILL.2017 SESSION

SENATE BILL NO. 860
Offered January 11, 2017
Prefiled December 7, 2016
A BILL to amend and reenact § 46.2-1078.1 of the Code of Virginia, relating to hands-free operation of handheld personal communications devices in motor vehicles; exceptions; penalty.
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Patrons-- Surovell; Delegate: Kory
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Referred to Committee on Transportation
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Be it enacted by the General Assembly of Virginia:
1. That § 46.2-1078.1 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-1078.1. Use of handheld personal communications devices in certain motor vehicles; exceptions; penalty.
A. It is unlawful for any person to operate a moving motor vehicle on the highways in the Commonwealth while using any handheld personal communications device to: unless the handheld personal communications device is specifically designed and configured to allow voice and hands-free operation and the device is being used in that manner 1. Manually enter multiple letters or text in the device as a means of communicating with another person; or 2. Read any email or text message transmitted to the device or stored within the device, provided that this prohibition shall not apply to any name or number stored within the device nor to any caller identification information.
B. The provisions of this section shall not apply to:
1. The operator of any emergency vehicle while he is engaged in the performance of his official duties; 2. An operator who is lawfully parked or stopped; 3. The use of factory-installed or aftermarket global positioning systems (GPS) or wireless communications devices used to transmit or receive data as part of a digital dispatch system; or 4. The use of a handheld personal communications device for purposes of navigation or generating audio transmission, provided that such device is physically mounted to a vehicle; 5. The use of a citizens band radio; or 6. Any person using a handheld personal communications device to report an emergency.
C. A violation of this section is shall be punishable as follows:
1. As a traffic infraction punishable, for a first offense, by a fine of $125 and, for a second or subsequent offense, by a fine of $250; or 2. If such offense occurs concurrently with an additional traffic offense set forth in Title 18.2 or 46.2, or a valid local ordinance governing traffic, or proximately results in an accident, it shall be punishable as reckless driving as set forth in § 46.2-868.
D. For the purposes of this section, "emergency vehicle" means:
1. Any law-enforcement vehicle operated by or under the direction of a federal, state, or local law-enforcement officer while engaged in the performance of official duties; 2. Any regional detention center vehicle operated by or under the direction of a correctional officer responding to an emergency call or operating in an emergency situation; 3. Any vehicle used to fight fire, including publicly owned state forest warden vehicles, when traveling in response to a fire alarm or emergency call; 4. Any emergency medical services vehicle designed or used for the principal purpose of supplying resuscitation or emergency medical services relief where human life is endangered; 5. Any Department of Emergency Management vehicle or Office of Emergency Medical Services vehicle, when responding to an emergency call or operating in an emergency situation; 6. Any Department of Corrections vehicle designated by the Director of the Department of Corrections, when (i) responding to an emergency call at a correctional facility, (ii) participating in a drug-related investigation, (iii) pursuing escapees from a correctional facility, or
(iv) responding to a request for assistance from a law-enforcement officer; and 7. Any vehicle authorized to be equipped with alternating, blinking, or flashing red or red and white secondary warning lights pursuant to § 46.2-1029.2.
D. E. Distracted driving shall be included as a part of the driver's license knowledge examination.

Please respond to this needed change in this bill by contacting local legislator ASAP since this is an active matter that AFFECTS EACH AND EVERY AMATEUR RADIO OPERATOR IN VIRGINIA.  

Dr Joe Palsa
Virginia Section Manager

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ARRL Virginia Section
Section Manager: Dr Joseph G Palsa, K3WRY k3wry at arrl.org
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