[Scan-DC] Delaware: Bill to be introduced that will allow 2-way radio use in vehicles

[Alan Henney]

http://www.wgmd.com/?p=5908

Bill to be introduced that will allow 2-way radio use in vehicles

Posted By Mari Lou-WGMD News On June 25, 2010 @ 11:52 am In Local News | 7 Comments

After passage of the hands-free cell phone bill - many people spoke out about other types of radios being disallowed under the measure - like CBs and other 2-way radios.  House Substitute 1 for House Bill 229, sponsored by Representative Ruth Briggs-King and being filed today, would carve out an exemption for 2-way radios with a fixed placement in a vehicle while making the hands free cell phone bill stronger. 

NEWS RELEASE:
A bill being filed in the State House of Representatives today aims to allow the continued use of Citizens' Band (CB), amateur, and other two-way radios by motorists in the First State.

The bill is a reaction to a pending law that will have the unintended consequence of outlawing the use of such radios by Delaware drivers in early 2011.

Having cleared the General Assembly, but not yet been signed into law by the governor, House Substitute 1 for House Bill 229 would prohibit Delaware motorists from using hand-held cell phones to hold conversations or send text-messages.  The pending statute would also bar the use of hand-held devices to access e-mail or browse the Internet while operating a motor vehicle.

"The issue that was never fully explored during the debate on this measure is that it will also inadvertently make it illegal to use two-ways radios that are used to coordinate the operation of hundreds, if not thousands, of service and delivery trucks throughout Delaware," said State Rep. Ruth Briggs King (R-Georgetown), who is the prime sponsor of the remedial measure along with State Rep. Dave Wilson (R-Cedar Creek Hundred).

The new bill will carve out an exemption for two-way radios "with a fixed placement in the vehicle." 

Rep. King, who also tried to amend the original bill to exempt amateur radio operators, said her new bill will also accomplish that goal.

It's already illegal for motorists to use hand-held cell phones in California, Connecticut, New Jersey, New York, Oregon and Washington, as it is in the Delaware municipalities of Wilmington and Elsmere.  Additionally, 25 states have enacted laws prohibiting texting while driving.  Supporters of the Delaware ban pointed to the increased distraction caused by cell phone use and the hazard impaired drivers posed to their fellow motorists and pedestrians.  Gov. Markell has said he plans to sign into law the bill banning the use of hand-held cell phones by motorists.

"I'm hoping my bill will be signed into law at the same signing ceremony, immediately after that one," Rep. King said.  "There is no evidence, of which I'm aware, that indicates the limited use of two-way radios poses any kind of threat to public safety.  I'm also not aware of any state that bars the use of two-way radios in moving vehicles.  I think my exclusion makes the cell phone ban bill a better law with fewer unforeseen side effects."

Rep. King notes the pending hand-held cell phone ban already contains a number of exclusions.  The Delaware law will not apply to law-enforcement officers, firefighters, emergency medical technicians, or paramedics engaged in the performance of their duties.  The law also won't impact motorists while they were placing a call or activating their "hands-free" equipment; people operating or driving farm tractors, farm trucks and farm equipment.

"The ban on cell phones in a moving car should never have impacted truck drivers using their CBs or service vehicles being dispatched to their next call," Rep. Wilson said.  "This is a good fix."

Both Rep. King and Wilson said they see this as a bipartisan issue and are asking the other 60 members of the General Assembly to join them as sponsors or co-sponsors of the legislation.