[SARES] [Fwd: New California law]

Here is the info that AA6WK was discussing about the "Hands Free" law in 
effect this July 1st.

Bob:
I'm wondering if on one of the next SARES nets you want to say something 
about the new California law which takes effect July first and bans 
non-hands-free phones.
The way that I read it, it also bans mobile use of Amateur Radio by the 
driver of the vehicle.
The law does not define "telephone" but seems clearly to include 
push-to-talk 2-way radios. I don't see any exemption for Amateur radio, 
so this may technically prevent any mobile use by the driver (unless 
using a hands-free VOX-activated setup -- push-to-talk is not acceptable).
One section pretty clearly is written to allow truckers' CB radios (but 
only truckers -- note the commercial tractor-trailer requirement) and 
tow-truck's dispatch radios. (Interesting that taxicabs do not seem to 
be exempted but school busses are exempt).
 From the California DMV site http://dmv.ca.gov/cellularphonelaws/

    *exception:* a person operating a commercial motor truck or truck
    tractor (excluding pickups), implements of husbandry, farm vehicle,
    school bus, transit vehicle, or tow truck, if using a two-way radio
    operated by a ?push-to-talk? feature that does not require the
    device to be close to the ear.
    *Q: May I use a speaker-phone feature and hold the phone in my hand,
    but not next to my ear?
    *A: No. The law requires you use a hands-free device with your
    phone. A ?push-to-talk" feature is not allowed.

The full text is found at 
http://leginfo.ca.gov/pub/05-06/bill/sen/sb_1601-1650/sb_1613_bill_20060915_chaptered.pdf
The interesting part starts with 23123 (e) which exempts push-to-talk 
radios only when driving certain commercial big-rigs and tow trucks 
(this exemption goes away in 2011.
/ /

    / /

    /The people of the State of California do enact as follows:/

    SECTION 1. This act shall be known and may be cited as the

    California Wireless Telephone Automobile Safety Act of 2006.

    SEC. 2. The Legislature finds and declares all of the following:

    (a) There are significant safety benefits associated with the
    availability

    of wireless communication technologies, including, but not limited to,

    providing assistance that helps save lives and minimizes property
    damage.

    (b) On a daily basis, California drivers make thousands of wireless

    telephone emergency 911 calls.

    (c) The availability of wireless telephones in motor vehicles allows

    motorists to report accidents, fires, naturally occurring
    life-threatening

    situations, including, but not limited to, rock slides and fallen
    trees, other

    dangerous road conditions, road rage, dangerous driving, criminal

    behavior, including drunk driving, and stranded motorist situations.

    (d) There is growing public concern regarding the safety implications

    of the widespread practice of using hand-held wireless telephones while

    operating motor vehicles.

    (e) It is in the best interests of the health and welfare of the
    citizens of

    the state to enact one uniform motor vehicle wireless telephone use law

    that establishes statewide safety guidelines for use of wireless
    telephones

    while operating a motor vehicle.

    SEC. 3. Section 12810.3 is added to the Vehicle Code, to read:

    12810.3. (a) Notwithstanding subdivision (f) of Section 12810, a

    violation point shall not be given for a conviction of a violation of

    subdivision (a) of Section 23123.

    (b) The section shall become operative on July 1, 2008.

    SEC. 4. Section 23123 is added to the Vehicle Code, to read:

    23123. (a) A person shall not drive a motor vehicle while using a

    wireless telephone unless that telephone is specifically designed and

    configured to allow hands-free listening and talking, and is used in
    that

    manner while driving.

    (b) Notwithstanding subdivision (a) of Section 42001 or any other

    provision of law, a violation of this section is an infraction
    punishable by

    a base fine of twenty dollars ($20) for a first offense and fifty
    dollars ($50)

    for each subsequent offense.

    (c) This section does not apply to a person using a wireless telephone

    for emergency purposes, including, but not limited to, an emergency call

    to a law enforcement agency, health care provider, fire department, or

    other emergency services agency or entity.

    * *

    (d) This section does not apply to an emergency services professional

    using a wireless telephone while operating an authorized emergency

    vehicle, as defined in Section 165, in the course and scope of his
    or her

    duties.

    (e) This section does not apply to a person when using a digital

    two-way radio that utilizes a wireless telephone that operates by

    depressing a push-to-talk feature and does not require immediate

    proximity to the ear of the user, and the person is driving one of the

    following vehicles:

    (1) (A) A motor truck, as defined in Section 410, or a truck tractor, as

    defined in Section 655, that requires either a commercial class A or
    class

    B driver?s license to operate.

    (B) The exemption under subparagraph (A) does not apply to a person

    driving a pickup truck, as defined in Section 471.

    (2) An implement of husbandry that is listed or described in Chapter 1

    (commencing with Section 36000) of Division 16.

    (3) A farm vehicle that is exempt from registration and displays an

    identification plate as specified in Section 5014 and is listed in
    Section

    36101.

    (4) A commercial vehicle, as defined in Section 260, that is registered

    to a farmer and driven by the farmer or an employee of the farmer,
    and is

    used in conducting commercial agricultural operations, including,
    but not

    limited to, transporting agricultural products, farm machinery, or farm

    supplies to, or from, a farm.

    (5) A tow truck, as defined in Section 615.

    (f) This section does not apply to a person driving a schoolbus or
    transit

    vehicle that is subject to Section 23125.

    (g) This section does not apply to a person while driving a motor

    vehicle on private property.

    (h) This section shall become operative on July 1, 2008, and shall

    remain in effect only until July 1, 2011, and, as of July 1, 2011, is

    repealed.

    SEC. 5. Section 23123 is added to the Vehicle Code, to read:

    23123. (a) A person shall not drive a motor vehicle while using a

    wireless telephone unless that telephone is specifically designed and

    configured to allow hands-free listening and talking, and is used in
    that

    manner while driving.

    (b) Notwithstanding subdivision (a) of Section 42001 or any other

    provision of law, a violation of this sections is an infraction
    punishable by

    a base fine of twenty dollars ($20) for a first offense and fifty
    dollars ($50)

    for each subsequent offense.

    (c) This section does not apply to a person using a wireless telephone

    for emergency purposes, including, but not limited to, an emergency call

    to a law enforcement agency, health care provider, fire department, or

    other emergency services agency or entity.

    (d) This section does not apply to an emergency services professional

    using a wireless telephone while operating an authorized emergency

    * *

    vehicle, as defined in Section 165, in the course and scope of his
    or her

    duties.

    (e) This section does not apply to a person driving a schoolbus or
    transit

    vehicle that is subject to Section 23125.

    (f) This section does not apply to a person while driving a motor

    vehicle on private property.

    (g) This section shall become operative on July 1, 2011.

    SEC. 6. No reimbursement is required by this act pursuant to Section 6

    of Article XIII B of the California Constitution because the only
    costs that

    may be incurred by a local agency or school district will be incurred

    because this act creates a new crime or infraction, eliminates a
    crime or

    infraction, or changes the penalty for a crime or infraction, within the

    meaning of Section 17556 of the Government Code, or changes the

    definition of a crime within the meaning of Section 6 of Article
    XIII B of

    the California Constitution.

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