[K3CAL] New Maryland Law

[N3QHC]

Thanks Officer Dick - who said there is never a cop around when we need one?

 

My comment had two purposes; 1.) Let follow CARA members know about new cell
phone law while operating a motor vehicle in Maryland effective October 1st
and 2.) Possible unlawful use of ham radios while driving.  I was not
originally sure but seems like your information says that hand held
microphones are NOT an issue with these new laws, hence, using our radios is
not an issue.  :)   Happy, happy, happy.

 

I could not find the current MVA law you quoting.  Maybe they have not been
updated since it is not October 1st yet?  However, Google for  'Maryland New
Vehicle Laws effective 10/1/2013' >  the following text below was found
which does NOT mention anything about operating two-way radios which is good
news for all of us!  

 

+++++++++++++++++++

CHAPTER 637 & 638 (HB 753 / SB 339) Motor Vehicles - Use of Wireless
Communication Device - Prohibited Acts, Enforcement, and Penalties
http://mgaleg.maryland.gov/2013RS/bills/hb/hb0753E.pdf

This bill makes the handheld use of a cell phone by a driver enforceable as
a primary offense, meaning that the police may stop an individual for these
offenses without the driver committing any other offense. The bill also
increases the maximum fines applicable to violations by drivers who are 18
years of age or older to $75 for a first violation, $125 for a second
violation, and $175 for a third or subsequent violation. However, the bill
prohibits imposition of points for violations by drivers who are 18 years of
age or older unless the violation contributes to an accident.

Effective October 1, 2013.

Source:  http://www.mva.maryland.gov/About-MVA/Legislation/2013.htm 

+++++++++++++++++

An interesting point for future reference in the Maryland Legislature URL
above, House Bill 753, is cell phones usage for ARES/RACES  EmComm would not
be criminal while driving if talking to personnel at an EOC
(county/hospital/health department)  during an ARES & R.A.C.E.S. activation.
But what cop is writing tickets when SHTF, unless for an auto accident?
Thus this information could give one some wiggle room in front of a judge to
have charges dropped. 

 

73, Dennis N3QHC

 

 

From: k3cal-bounces at mailman.qth.net [mailto:k3cal-bounces at mailman.qth.net]
On Behalf Of R Ratcliffe
Sent: Thursday, September 19, 2013 9:36 PM
To: 'Calvert Amateur Radio Association - K3CAL'
Subject: Re: [K3CAL] New Maryland Law

 

Dennis,

I don't believe it applies.  I am reading the law and I see a section which
would exempt us.

The law is contained in the Motor Vehicle Law  Section 21-1124.2
(Communications Traffic Safety Act) and you can look at it on the MVA site.

At the beginning of the law (a) definitions - (2)"Handheld telephone" means
a handheld device use to access wireless telephone service. (underlining and
bolding is by me)

Dick W3RBR

 

From: k3cal-bounces at mailman.qth.net <mailto:k3cal-bounces at mailman.qth.net>
[mailto:k3cal-bounces at mailman.qth.net] On Behalf Of N3QHC
Sent: Thursday, September 19, 2013 7:00 PM
To: CARA
Subject: [K3CAL] New Maryland Law

 

Email below was forwarded to me.  I am not sure if it includes using a
microphone but have read that was under consideration at one time. So be
advised

n3qhc

 

Just wanting to give everyone a reminder.. Starting on October 1 you can be
pulled over by the police if you are witnessed using your cell phone in a
hand-held manner.   Right now they can't pull you over unless there is
another violation, but on October 1 that becomes a violation they can pull
you over for.  A Bluetooth headset can be purchased at Walmart for as little
as $10 and as little as $6.00 on Amazon according to what I've seen.    Also
there is a new seatbelt law that will take effect requiring seatbelts if you
are sitting in the back seat, not just the front.  ALL SEATS must buckle up
starting October 1.  

 

There is a new initiative in the county that started on Monday as well
called "Operation Slow Down."  Supposedly they are using marked cars to pace
the traffic and get the traffic to slow down out on 2 and 4.  I have noticed
this week, especially this morning, that radar has been present on both
sides in numerous places.  

 

See below for the info on the new cell phone law:

 

Existing law prohibits Maryland drivers from using a cell phone without a
hands-free device but drivers can only be ticketed for phone use after being
pulled over for another violation.  Starting Oct. 1, Maryland police can
stop and fine motorists for using their hand-held cell phones while driving
even if they're doing nothing else wrong. This is because the
<http://mgaleg.maryland.gov/2013RS/chapters_noln/Ch_637_hb0753E.pdf> new law
approved on May 16 classifies hand-held cell phone use as a primary offense.
Fines for first-time violators will increase from $40 to $75. Drivers will
face fines of $125 for a second offense and $175 for the third time. No
points will be assessed against drivers unless the phone use contributes to
an accident.

 

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