[K3CAL] New Maryland Law

Fri Sep 20 10:22:08 EDT 2013

I agree, Jim, that is the smart thing to do.  But remember the State must prove its case and they must show that you were accessing a “wireless telephone service”.  Just something to keep in mind in case you were not doing the smart thing. Of course proving the case is not that hard.  They just subpoena your telephone records for the time in question. If you were not on the phone you are good to go.

Dick 

From: k3cal-bounces at mailman.qth.net [mailto:k3cal-bounces at mailman.qth.net] On Behalf Of Jim Tetlow
Sent: Thursday, September 19, 2013 11:48 PM
To: Calvert Amateur Radio Association - K3CAL
Subject: Re: [K3CAL] New Maryland Law

The only thing is, although you may be using a microphone, you could possibly be stopped because the officer thought it may be a phone! Be polite! Best to have any cell phone in your pocket or carrier, if you get pulled over. Phones laying on the seat or dash may be suspect that you were on the phone not the radio.

Sent from my iPad, 73,

Jim Tetlow, k3uga

On Sep 19, 2013, at 23:22, "N3QHC" <n3qhc at verizon.net <mailto:n3qhc at verizon.net> > wrote:

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>  [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.

______________________________________________________________
K3CAL mailing list
Home: http://mailman.qth.net/mailman/listinfo/k3cal
Help: http://mailman.qth.net/mmfaq.htm
Post: mailto:K3CAL at mailman.qth.net

This list hosted by: http://www.qsl.net
Please help support this email list: http://www.qsl.net/donate.html

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.qth.net/pipermail/k3cal/attachments/20130920/b673a5c9/attachment-0001.html>