[W3GV] PA Distracted Driving Bill - Trouble for Hams

[jjlis165 at gmail.com]

From: ucdavid at aol.com <ucdavid at aol.com> 
Sent: Thursday, April 18, 2024 8:42 AM
To: wx3e at arrl.net
Subject: PA Distracted Driving Bill - Trouble for Hams

 

Some who receive this are not amateur radio operators, but members of a served agency that we may provide communications for when needed. 

 

One very important function that this would affect is SkyWarn.  Spotters are the "eyes on the ground" passing information that can not be seen on radar.  Many SkyWarn spotters operate mobile during severe weather. There are other public service incidents that I am sure each of you can name.

 

Members of volunteer fire departments (other than Chiefs and Assistant Chiefs) would be affected since their private vehicle is not considered an emergency vehicle.  

 

Please contact your state Representatives and Senators in Pennsylvania regarding this important matter.

 

David M. Wellman

wx3e at arrl.net <mailto:wx3e at arrl.net>  

814-881-8676 C

 

Erie County ACS / ARES

Emergency Coordinator

 

PEMA Western Area

ACS Section Chief

 

ARRL Western PA

Assistant Section Manager

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This message is directed to our ARRL Western & Eastern PA section

members to alert you to a serious legal issue returning to the

spotlight.  A new law amending the PA Vehicle Code, pending a vote for

some years, has reappeared recently and passed before the PA House of

Representatives.  A new distracted driving bill presents a serious

problem for operating any radios which require a handheld device,

whether HT or a microphone.  The law has exemptions for hands free

devices so cell phones are safe with such common technology as a

Bluetooth earbud mike or the ubiquitous speaker phones in cars today.

Since the bill was amended again in the PA house, it is going back to

the PA Senate for a re-vote in about or week or so.  The Senate passed

the original bill some time ago.

 

    I was involved in urging lawmakers to add an exemption for ham radio

and helped add to our reasonable exemption language over 3 years ago.

It survived until just before the latest vote which stripped out our

exemption but left in exemptions for commercial drivers including truck

drivers, bus drivers and public transportation.  Also, emergency vehicle

operators may continue to use a radio or phone while driving only if

actually being used by an emergency responder and only while in an

emergency vehicle. And before some of you ask as you have, this does not

describe any ham.  Any other non-exempt two-way radio user is prohibited

from holding a microphone or HT while driving or even stopped at a light

or stop sign. You must pull over to use your radio. Reporting an actual

emergency with our radios is exempt as is use of a handheld phone while

driving if reporting an emergency.

 

    I do not believe these prohibitions were an intended consequence,

though some believe hams are no better drivers that the public and

should not have an exemption.  But all other FCC Part 90 radio users,

utilities radios, volunteer EMS and firefighters, and GMRS Part 95 users

are likewise effected.  Few of our radios presently have handsfree

devices for PTT use, though some are emerging.  That will require more

years in development however.

                   

    While it may take some time to address this, we have very little.  For

now, I suggest you write to your PA state senator and copy your PA

representative for your districts. You can find them online.  Suggest

they delay the approval and get more input from the volunteer responders

in the Emergency Services effected by this and also The National

Association for Amateur Radio, our ARRL. Such subject matter experts can

best help guide the committee to make a better and reasonable law which

still protects the public from the distracted driving caused by using

interactive mobile devices while driving.  That is the evil they seek to

regulate.  Not the two way radios we all use safely. More precise

definitions of the different technology can solve the ambiguity.

 

    Caution though, do not argue that the law is generally unreasonable or

denigrate the motives of the proponents of the bill. We know they mean

well.  We know they generally like hams and emergency responders.  Who

among us has not seen distracted driving from texting or looking down at

a cell device while driving?  I see it every day.

 

    The issue is really well meaning legislators are not properly defining

the technology they seek to regulate while driving.  Also, some in the

past claimed that the law does not apply to ham radio as we are

emergency responders of some sort.  That is a stretch - please avoid

such arguments.  Even emergency responders responding to a 911 call in

their personal vehicles (as I do several hundred time a year) are

prohibited from using their public safety radio service HTs or mobile

radios, even if attached to the vehicle, if it requires holding

something to use the device.  That cannot really be intended, but many

agree with my professional analysis of the effect of the imprecise

language as passed.

 

    Please search for SB 37 in the PA government website and see the latest

marked-up bill.  It will take me some time to get a “clean” version

of the marked-up bill posted somewhere, but I will announce where we can

post it when my office staff cleans up the markups, strike-outs and

underlining so you can see more easily what language is left. What was

changed or stricken out is evident in the official posted markups

online.  You will see our long-lasting exemption taken out.

 

    Your emails and/or phone calls to YOUR Representatives and Senators in

PA are effective. A well constructed personal email is likely the best

bet. They get read by staff.  Each single response counts.  It will give

legislators a pause to think and inquire further.  After all, this bill

has been drifting around for some years.  A few more weeks delay is

warranted.  I have spoken with many about this bill and its effect.  If

you have a different opinion or any suggestion, please let me know. Time

is short.

 

73, and I will see you on the radio.  But maybe not while mobile.   

                           

Bob Famiglio, K3RF

Director, ARRL Atlantic Division

610-359-7300

 

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ARRL Atlantic Division

Director: Robert B Famiglio, K3RF

k3rf at arrl.org <mailto:k3rf at arrl.org> 

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