Mobile telephone and other wireless electronic devices; use of hands-free accessory while driving. (HB1769)

Introduced By

Sen. Roz Dance (D-Petersburg) with support from co-patrons Del. Mamye BaCote (D-Newport News), Del. Rob Bell (R-Charlottesville), and Del. Algie Howell (D-Norfolk)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Use of mobile telephone and other wireless electronic devices while driving. Provides that, with certain exceptions, no person may use a mobile telephone or other wireless electronic telecommunications device while operating a moving motor vehicle on any public highway in the Commonwealth unless such mobile telephone or other wireless electronic telecommunications device is equipped with a hands-free accessory. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/08/2009Committee
01/08/2009Prefiled and ordered printed; offered 01/14/09 093508484
01/08/2009Referred to Committee on Militia, Police and Public Safety
01/27/2009Assigned MPPS sub: #2
01/29/2009Subcommittee recommends laying on the table by voice vote
02/10/2009Left in Militia, Police and Public Safety

Duplicate Bills

The following bills are identical to this one: SB874.

Comments

Mike Hale KF4UEL writes:

There should be an exemption for Amateur Radio

Dear ________,

I am writing you to voice my strong opposition to ____________.
These recently introduced bill(s) limit the use of cellular phones and “mobile telecommunications devices”. My concern is that there is no exemption for Amateur Radio operators and their associated equipment.

Amateur Radio operators have contributed valuable contributions to society including valuable emergency communications, this most recently spotlighted in the total collapse of New Orleans’s communications networks during and after hurricane Katrina. Amateur Radio operators provided exemplary communications support for the city. Many of the operators volunteered, traveling from states across the nation. It would be impracticable to regulate the use of their mobile equipment in any state.

The federal government via the FCC licenses amateur Radio operators alongside state, county, and local emergency service responders as well as state agencies such as the department of transportation and other state services. Allowing any of these bill(s) to pass would cause these users to be in violation of state law as well. I therefore ask you to ensure that mobile radio users are exempted from these bill(s) if allowed to pass.

It is important to remember that the hobby and volunteer service of any amateur radio operator relies heavily on the ability to use communications equipment while mobile in a vehicle. Almost all communications gear in this industry is designed for mobile use, including handheld radios. Equipment used stationary in buildings is usually mobile equipment augmented by power supplies. Furthermore if Amateur Radio Operators are restricted to hands-free devices the practical application of using communications gear while mobile would be hindered and possibly made dangerous. Mobile radio operators have used radio devices since the early day of radio without any problems or any laws to restrict their usage. Restricting Amateur Radio to hands-free devices is not an option.

With the broad implications and to prevent confusion with neighboring states, I ask you to have the above bill(s) modified to allow unrestricted amateur radio use by the driver of a vehicle while the vehicle is in motion. Furthermore, for the sake of the industry and related services I ask that the restrictions outlined in the above bill(s) apply to paid subscriber cellular telephone services only, completely exempting all other communications.

For the mentioned bill(s) if modifications cannot be made I ask you to vote against these bill(s). I understand the importance of highway safety, however the vague nature of these bill(s) jeopardizes Amateur Radio.

Sincerely,

Allen Cole writes:

Several problems with this bill:

1 - It's not limited to cellphones. Anyone using CB, Amateur or other 2-way radio involving handheld microphones is potentially in violation.

2 - It's a pretty slippery slope to add automotive stereo equipment. (IPOD oscillators for FM radio use are actually wireless communication devices already)

3 - Police officers enforcing this law will themselves (on the average) be juggling at least 2 two-way radios, at least one and possibly 2 cellphones, and be visually distracted by laptop computers, GPS displays, and front/rear RADAR readouts.

We have plenty of laws against driving impaired by intoxication, distraction and lack of sleep. Even the cellphone portion of this law is unnecessary, but the added language is downright dangerous.