[nrv-hams] Please Help! - Virginia 2017 Potential Legislation

[Frank Pearsall]

Thanks. Just wrote to Nick Rush, actually his aid who is a close friend,
and to John Edwards. Happy New Year.

On Sun, Jan 8, 2017 at 11:39 AM, <bats at starpower.net> wrote:

> Hopefully, you all already have this, but JIC, Please forward to all Hams
> & Clubs for Help?
>
> TNX!
>
> Gene  :)
> N3EV
>
> ----- Forwarded Message -----
> From: ARRL Members Only Web site <memberlist at www.arrl.org>
> To: bats at starpower.net
> Sent: Sun, 08 Jan 2017 11:05:09 -0500 (EST)
> Subject: Virginia 2017 Potential Legislation
>
> Jan 8 2017
>
> IMPORTANT INFORMATION CONCERNING ALL AMATEUR RADIO OPERATORS IN
> VIRGINIA
>
> OK----here we go again. Virginia legislators are scheduled to convene
> again in the next several days.  There is a Senate Bill # 860 which
> again is trying to prevent the operation including texting and other
> operations affecting two way radio while operating a motor vehicle. The
> bill as you can read below----shows an exception for citizens band radio
> and other special equipment and situations-------HOWEVER IT DOES NOT
> EXEMPT AMATEUR RADIO OPERATION.
>
> It is important you contact your local Virginia Legislator and request
> the they MODIFY the wording in Senate Bill #860 -----TO INCLUDE AMATEUR
> RADIO ------IN ADDITION TO CITIZENS BAND RADIO ---AS AN EXCEPTION IN
> ITEM B-5, AS NOTED IN THIS EXISTING BILL.2017 SESSION
>
> SENATE BILL NO. 860
> Offered January 11, 2017
> Prefiled December 7, 2016
> A BILL to amend and reenact § 46.2-1078.1 of the Code of Virginia,
> relating to hands-free operation of handheld personal communications
> devices in motor vehicles; exceptions; penalty.
> ----------
> Patrons-- Surovell; Delegate: Kory
> ----------
> Referred to Committee on Transportation
> ----------
> Be it enacted by the General Assembly of Virginia:
> 1. That § 46.2-1078.1 of the Code of Virginia is amended and reenacted
> as follows:
> § 46.2-1078.1. Use of handheld personal communications devices in
> certain motor vehicles; exceptions; penalty.
> A. It is unlawful for any person to operate a moving motor vehicle on
> the highways in the Commonwealth while using any handheld personal
> communications device to: unless the handheld personal communications
> device is specifically designed and configured to allow voice and
> hands-free operation and the device is being used in that manner
> 1. Manually enter multiple letters or text in the device as a means of
> communicating with another person; or
> 2. Read any email or text message transmitted to the device or stored
> within the device, provided that this prohibition shall not apply to
> any name or number stored within the device nor to any caller
> identification information.
> B. The provisions of this section shall not apply to:
> 1. The operator of any emergency vehicle while he is engaged in the
> performance of his official duties;
> 2. An operator who is lawfully parked or stopped;
> 3. The use of factory-installed or aftermarket global positioning
> systems (GPS) or wireless communications devices used to transmit or
> receive data as part of a digital dispatch system; or
> 4. The use of a handheld personal communications device for purposes of
> navigation or generating audio transmission, provided that such device
> is physically mounted to a vehicle;
> 5. The use of a citizens band radio; or
> 6. Any person using a handheld personal communications device to report
> an emergency.
> C. A violation of this section is shall be punishable as follows:
> 1. As a traffic infraction punishable, for a first offense, by a fine
> of $125 and, for a second or subsequent offense, by a fine of $250; or
> 2. If such offense occurs concurrently with an additional traffic
> offense set forth in Title 18.2 or 46.2, or a valid local ordinance
> governing traffic, or proximately results in an accident, it shall be
> punishable as reckless driving as set forth in § 46.2-868.
> D. For the purposes of this section, "emergency vehicle" means:
> 1. Any law-enforcement vehicle operated by or under the direction of a
> federal, state, or local law-enforcement officer while engaged in the
> performance of official duties;
> 2. Any regional detention center vehicle operated by or under the
> direction of a correctional officer responding to an emergency call or
> operating in an emergency situation;
> 3. Any vehicle used to fight fire, including publicly owned state
> forest warden vehicles, when traveling in response to a fire alarm or
> emergency call;
> 4. Any emergency medical services vehicle designed or used for the
> principal purpose of supplying resuscitation or emergency medical
> services relief where human life is endangered;
> 5. Any Department of Emergency Management vehicle or Office of
> Emergency Medical Services vehicle, when responding to an emergency
> call or operating in an emergency situation;
> 6. Any Department of Corrections vehicle designated by the Director of
> the Department of Corrections, when (i) responding to an emergency call
> at a correctional facility, (ii) participating in a drug-related
> investigation, (iii) pursuing escapees from a correctional facility, or
> (iv) responding to a request for assistance from a law-enforcement
> officer; and
> 7. Any vehicle authorized to be equipped with alternating, blinking, or
> flashing red or red and white secondary warning lights pursuant to §
> 46.2-1029.2.
> D. E. Distracted driving shall be included as a part of the driver's
> license knowledge examination.
>
> Please respond to this needed change in this bill by contacting local
> legislator ASAP since this is an active matter that AFFECTS EACH AND
> EVERY AMATEUR RADIO OPERATOR IN VIRGINIA.
>
> Dr Joe Palsa
> Virginia Section Manager
>
> --------------------------------------------------------------------
> ARRL Virginia Section
> Section Manager: Dr Joseph G Palsa, K3WRY
> k3wry at arrl.org
> --------------------------------------------------------------------
>
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