[ETSList] Thought u might like to read this...

[Ronald A. Loneker Sr. KA2BZS]

Thought I'd forward this post from a fellow on the Ham Law Reflector:


Hello Group:

This is what is going through the NJ Legislature.  It is an expansion
of proposed prohibitions of cell phone use while driving.

 http://www.njleg.state.nj.us/2002/Bills/A3000/2798_I1.HTM

This bill, taken literally, would prohibit "distracted behavior" while
driving.  There is a laundry list of examples of what constitutes
"distracted behavior", but "distracted behavior" is not limited to
what is on the list.

Among the things listed are operation of AM/FM radios, compact disk
players, and audio cassette players.  So using that factory radio on
your dash is "distracted behavior" as defined by this law.

As is operating CB radios and dispatch radios.  I wonder if a police
officer using his radio during a police chase is "distracted
behavior"?

Since "distracted behavior" is not limited to what is on the list,
would driving with a crying child or complaining mother in law be
"distracted behavior"?  It is if a law enforcement officer thinks it
is, because the Legislature has delegated the definition of
"distracted behavior" to the discretion of  law enforcement officers.
The legislation says

"    When so warranted, a law enforcement officer may charge a person
with a violation of the provisions of this section if that person,
while operating a motor vehicle, engages in distracting behavior
including, but not limited to...."

It appears only law enforcement officers can decide what is
"distracted driving".  So if you do it, and a law enforcement officer
does not see it, it is not illegal.

I always thought law enforcement officers enforced the law as defined
by the legislature, but were not empowered on their own to determine,
in their own discretion, whether certain personal behaviors or acts
are illegal.

So maybe operating your whatever is distracting when you are in heavy
traffic, but not distracting when you are inching along in gridlock
traffic at rush hour?  Is using a radio more of less distracting if
there is no traffic on the road?

It is exactly this kind of mindset that contributed to my weariness of
life in NJ and made me anxious to leave the state.  I have left for
Vermont, where it is legal to carry a handgun, so long as it is
visible, without any permits at all.  And of course, homosexual civil
unions are fully state sanctioned.

So it is the only state I am aware of where you can wear your six
shooter to a gay wedding.

73,  Ray  K1XV

--
Ronald A. Loneker Sr. KA2BZS
#1DXCC * 160M DXCC * A1-OP * NJDXA * CTC-116
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