[HCRA] Call to Action for Massachusetts Hams - read Below

[Z.]

I sent the following letter to my Senator (Adam Hinds) and my 
Representative (Lindsay Sabadosa) and got supportive replies from both.  
See the following.

*From:*Z. [mailto:ZED.group at comcast.net]
*Sent:* Thursday, November 21, 2019 10:04 PM
*To:* Hinds, Adam (SEN) <Adam.Hinds at masenate.gov>
*Subject:* [External]: Distracted Driving Bill -- NEEDS HELP!!!

Hello, Senator Hinds;

I am a Massachusetts Medical First Responder and Volunteer Firefighter 
in the Town of Westhampton, and a member of Easthampton CERT, and a 
Licensed Amateur Radio Operator.  In general use, and especially cases 
of emergency, I could and would (and do) use my Mobile Radio as issued 
by my various Departments, and could -- in an emergency -- use my Mobile 
Radio under my Amateur License to communicate.

I am very concerned about what I have read about the final version of 
the *Massachusetts Distracted Driving Bill (the so-called "Hands Free" 
Bill). *I am in particular concerned about the impact that this final 
version will have on Public Safety Operations and Amateur Radio Operations.

It was previously reported that Amateur Radio operation would not be 
impacted by this bill, which was evidently true for the earlier versions 
of the bill.  But with the version of the hands-free bill finally 
clearing committee on the weekend and ready for a vote, evidently the 
language in the Bill has been changed and it is no longer assured that 
there will be no impact on amateur radio mobile operation.

The critical problem evidently results from the substitution in the 
final text from committee of the wording “mobile electronic device” in 
place of “mobile telephone”.  In the original wording, the definition of 
the text used, of a "mobile telephone", in Massachusetts General Law 
/specifically excludes amateur radios and citizen band radios/.  In the 
final revised wording for the Bill, the definition of the text used, of 
a “mobile electronic device” in Massachusetts General Law /does not 
contain any exclusion for amateur radios and citizen band radios/.

I do not know if it is too late to make this change or not, but I /urge 
/you to make sure that the final Bill as passed into Law incorporates 
the same wording to exclude amateur radio from the revised bill as was 
previously contained in the definition of "mobile telephone".  Otherwise 
you are putting all of us in the Public Safety, Responder and Amateur 
Radio communities at risk of being in violation of the law when we are 
communicating.

Thank you very much for your cooperation,

John Zimmerman

48 North Road
Westhampton, MA  01027-9605

[phone numbers]  - land-line/office/answ. mach.
[phone numbers] - mobile/cellular
KC1CXD - mobile/amateur radio
67-X-21 - Westhampton F.D.

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The reply from Hinds office is also attached here (following).  I hope 
that is correct information.

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John,

Thanks for being in touch. Senator Hinds forwarded me your message and 
asked that I respond. Others have raised this concern about the 
hands-free driving bill and, after consulting with the leaders of the 
Conference Committee, we are confident that it will not impede the use 
of radio communications. Specifically, I’d refer you to the statute below:

Section 13. No person, when operating a motor vehicle, shall permit to 
be on or in the vehicle or on or about his person anything which may 
interfere with or impede the proper operation of the vehicle or any 
equipment by which the vehicle is operator or controlled, except that a 
person may operate a motor vehicle while using a federally licensed 
2–way radio or mobile telephone, except as provided in sections 8M, 12A 
and 13B, as long as 1 hand remains on the steering wheel at all times.

I hope this addresses your concerns, but please be in touch if there are 
any other questions we can answer.

Best,

Christian

*Christian P. Kelly*
Legislative Aide
Office of Senator Adam G. Hinds
/Berkshire, Hampshire, Franklin & Hampden/

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But I can also imagine Volunteer Firefighters responding and getting the 
"page" (call out) on their cell phone and answering it and getting 
pulled over by the police.  It will be interesting.

Thanks for the help and interest, all!

John Z.
KC1CXD

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On 11/22/2019 11:29 AM, Larry Krainson wrote:
> -------Hampden County Radio Association------- 
     -----------e-mail list (reflector)-------------
> I got an email saying that a revision in response to hams complaining, 
> is coming out with wording changed to make 2 way radios and ham radio 
> exempt from the bill. Once I get the posting, I will post it on fb and 
> the email list. 
     Larry Krainson