[HIham] [WH6CZB_EARC] Re: [pacsecares] Help Preserve our Rights for Mobile Radio!

[Jim Thompson]

So waitaminute,

assuming that 'battery' is a 'separate battery', then take the  
following scenario:

1) operating a built-in navigation unit (many newer cars have them) is  
legal
2) operating a stand-alone navigation unit (for those of us who don't  
want to buy a new car), is illegal.

Thats silly, and invasive, and probably violates article 10 of the  
Constitution.

Now, operating a built-in radio (presumably powered by the car  
battery), is legal (under this proposed law), but
operating a HT (presumably not plugged in to a car adapter) is illegal?

Thats *prior restraint*, no?   A clear first-amendment issue.

The real solution here is to vote Charles Djou, Nestor Garcia, Barb  
Marumoto, and others of similar ilk out of office.
The 'texting' bill was grandstanding, pure and simple.  HPD complained  
(properly) that they couldn't enforce it, so
we got a much, must worse bill.

'Course, the real problem is that Hawaii is a "nanny state", pure and  
simple.

Jim

Le 6 févr. 09 à 17:05, Dan KH6DAN a écrit :

>
> All,
>
> I do not think there is paranoia here.  It’s just the principle.
>
> Seems to me the officer could pull you over for “weaving” then not  
> give you a ticket for weaving but give you one for using your  
> “electronic device”.  Then he/she would be within the law.
>
> They did the same thing on the mainland when they first passed the  
> seatbelt law. They would pull you over for “speeding” or “weaving”   
> but give you a ticket for not having on your seatbelt.  Most people  
> would prefer the $100 seatbelt ticket than a $200 moving violation  
> and points. So.. most folks do not complain.
>
> Looks like if  I get a ticket for using my mobile ham radio, go to  
> court and the judge asks ” does it require a battery” ?  I would say  
> yes… my car battery.  It would then depend on how the judge would  
> interpret the law. I would probably be screwed.
>
> Hams who have been ticketed on the mainland for similar laws have  
> been convicted because they brought the mic up to their mouth with  
> their free hand … not for using a cell phone.
>
> Of course… for the police this will be very political. If they are  
> under pressure from their chain to write tickets … they will.  We as  
> Hams can get caught up in it.  I do not think we should have to be  
> concerned about using our mobile radios in a non-emergency.  This  
> law may in fact concern us.
>
> R,
> KH6DAN
>
> From: WH6CZB_EARC at yahoogroups.com  
> [mailto:WH6CZB_EARC at yahoogroups.com] On Behalf Of Russell Hltn
> Sent: Friday, February 06, 2009 11:00 AM
> To: pacsecares at yahoogroups.com
> Cc: OahuRaces; HI HAM in Hawai'i; HamRadioHawaii; EARC; KARC
> Subject: [WH6CZB_EARC] Re: [pacsecares] Help Preserve our Rights for  
> Mobile Radio!
>
> I noticed that part of the definition of "electronic device" is
> "requiring the use of a battery and at least one hand to operate the
> device".
>
> Assuming that that excludes the car battery (which would make changing
> stations on the car stereo illegal), that seems to give mobile radios
> a free pass.
>
> Also note: "(g) Enforcement of this section by law enforcement
> personnel may be accomplished only as a secondary action when a driver
> of a motor vehicle has been detained for a suspected violation of
> another traffic infraction."
>
> Don't do something dumb and you won't have a problem. Am I missing  
> something?
>
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