TELECOM Digest OnLine - Sorted: Re: Note to Drivers: Lose the Phone (and Lipstick)

Re: Note to Drivers: Lose the Phone (and Lipstick)

Robert Bonomi (bonomi@host122.r-bonomi.com)
Tue, 18 Oct 2005 02:42:42 -0000

In article <telecom24.450.16@telecom-digest.org>,
Eric Friedebach <friedebach@yahoo.com> wrote:

> Monty Solomon wrote:

> <SNIP>

>> Those pulled over for speeding or other moving violations can
>> be fined $100 for any behavior that distracts them from driving --
>> glancing at a newspaper, typing on a BlackBerry, applying lipstick
>> while looking in the rearview mirror or turning to yell at the kids in
>> the back seat.

> <SNIP>

> So I guess that means no more talking on the ham radio while driving
> as well. Or would being licensed by the FCC preclude state or local
> laws?

Being licensed by the FCC does trump any lower-level government
attempt to regulate the Federally regulated activity.

HOWEVER, the state law does not regulate use of amateur radio. it
regulates _driving_an_automobile_. It says that you cannot drive
while you are doing certain other things. You are penalized for
driving while doing that 'other thing', not for doing that 'other
thing "while driving". It is a subtle distinction, no doubt, but that
is the way the law works.

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