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

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

Paul Coxwell (paulcoxwell@tiscali.co.uk)
Wed, 19 Oct 2005 10:12:51 +0100

>> 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.

It would also be a good idea to check the EXACT wording of your state
law.

A cellphone law was passed here in Britain a short while ago, but the
law specifically lists the relevant GSM bands and the band applies
only to equipment using those frequencies (and then only if handheld).
Thus the use of any other two-way radio while driving is still quite
legal.

-Paul

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