[PPRAANet] Colorado Senate Bill 20-065

Wed Jan 8 16:37:26 EST 2020

The ham radio exemption is in current law prohibiting manual data entry while driving and has been for several years.  The new bill retains the language.  The current law, Title 42-4-239 of Colorado Revised Statutes, reads {pertinent sections in all caps, my notes in braces}:

(1) As used in this section, unless the context otherwise requires:

(a) “Emergency” means a situation in which a person:

(I) Has reason to fear for such person's life or safety or believes that a criminal act may be perpetrated against such person or another person, requiring the use of a wireless telephone while the car is moving;  or

(II) Reports a fire, a traffic accident in which one or more injuries are apparent, a serious road hazard, a medical or hazardous materials emergency, or a person who is driving in a reckless, careless, or otherwise unsafe manner.

(b) “OPERATING A MOTOR VEHICLE” MEANS DRIVING A MOTOR VEHICLE ON A PUBLIC HIGHWAY, BUT “OPERATING A MOTOR VEHICLE” SHALL NOT MEAN MAINTAINING THE INSTRUMENTS OF CONTROL WHILE THE MOTOR VEHICLE IS AT REST IN A SHOULDER LANE OR LAWFULLY PARKED. {my note -- this means you are still operating the vehicle at a stop light}

(c) “Use” means talking on or listening to a wireless telephone or engaging the wireless telephone for text messaging or other similar forms of manual data entry or transmission.

(d) “Wireless telephone” means a telephone that operates without a physical, wireline connection to the provider's equipment.  The term includes, without limitation, cellular and mobile telephones.

(2) A person under eighteen years of age shall not use a wireless telephone while operating a motor vehicle.  This subsection (2) does not apply to acts specified in subsection (3) of this section.

(3) A PERSON SHALL NOT USE A WIRELESS TELEPHONE FOR THE PURPOSE OF ENGAGING IN TEXT MESSAGING OR OTHER SIMILAR FORMS OF MANUAL DATA ENTRY OR TRANSMISSION WHILE OPERATING A MOTOR VEHICLE. {my note -- again, this includes even when at a stop light, additionally, taking pictures or videos with your phone while driving is considered manual data entry}

(4) Subsection (2) or (3) of this section shall not apply to a person who is using the wireless telephone:

(a) To contact a public safety entity;  or

(b) During an emergency.

(5)(a) A person who operates a motor vehicle in violation of subsection (2) of this section commits a class A traffic infraction as defined in section 42-4-1701(3) , and the court or the department of revenue shall assess a fine of fifty dollars.

(b) A second or subsequent violation of subsection (2) of this section is a class A traffic infraction as defined in section 42-4-1701(3) , and the court or the department of revenue shall assess a fine of one hundred dollars.

(5.5)(a) Except as provided in subsections (5.5)(b) and (5.5)(c) of this section, a person who operates a motor vehicle in violation of subsection (3) of this section commits a class 2 misdemeanor traffic offense, and the court or the department shall assess a fine of three hundred dollars.

(b) If the person's actions are the proximate cause of bodily injury to another, the person commits a class 1 misdemeanor traffic offense and shall be punished as provided in section 42-4-1701(3)(a)(II) .

(c) If the person's actions are the proximate cause of death to another, the person commits a class 1 misdemeanor traffic offense and shall be punished as provided in section 42-4-1701(3)(a)(II) .

(6)(a) An operator of a motor vehicle shall not be cited for a violation of subsection (2) of this section unless the operator was under eighteen years of age and a law enforcement officer saw the operator use, as defined in paragraph (c) of subsection (1) of this section, a wireless telephone.

(b) An operator of a motor vehicle shall not be cited for a violation of subsection (3) of this section unless a law enforcement officer saw the operator use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission, in a manner that caused the operator to drive in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, as prohibited by section 42-4-1402 .

(7) The provisions of this section shall not be construed to authorize the seizure and forfeiture of a wireless telephone, unless otherwise provided by law.

(8) THIS SECTION DOES NOT RESTRICT OPERATION OF AN AMATEUR RADIO STATION BY A PERSON WHO HOLDS A VALID AMATEUR RADIO OPERATOR LICENSE ISSUED BY THE FEDERAL COMMUNICATIONS COMMISSION.

(9) The general assembly finds and declares that use of wireless telephones in motor vehicles is a matter of statewide concern.

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V/r

John Bloodgood, KD0SFY

________________________________
From: ppraanet-bounces at mailman.qth.net <ppraanet-bounces at mailman.qth.net> on behalf of Jim <je_madsen at comcast.net>
Sent: Wednesday, January 8, 2020 1:54 PM
To: PPRAA Reflector <ppraanet at mailman.qth.net>
Subject: [PPRAANet] Colorado Senate Bill 20-065

Our Colorado Legislature is again hard at work cranking out bills during
this year's session.
One of the bills that caught my eye was SB20-065 - "Concerning a
limitation on the use of electronic mobile devices while driving."

I was happy to see that on page 5, lines 1 - 3, it specifically exempts
amateur radio operators:

(b)  TO OPERATE AN AMATEUR RADIO STATION AS A PERSON WHO HOLDS A VALID
AMATEUR RADIO OPERATOR LICENSE ISSUED BY THE FEDERAL COMMUNICATIONS
COMMISSION

This is under subsection 4: (4)  IT IS NOT A VIOLATION OF THIS SECTION:

The bill is very difficult to read in it's presented format.  The way
it's worded (that you have to use a hands free device to access the
mobile device), I wonder if GPS devices (Garmins) are OK or not.

Bill is accessible at
https://leg.colorado.gov/sites/default/files/documents/2020A/bills/2020a_065_01.pdf

73
Jim Madsen
K3ILC
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