ARRL WPA Section News

On January 26, 2010 the Pennsylvania House of Representatives voted on
and passed HB2070(189-6). This bill deals with several subjects the
most notable portion of this legislation for many people is the
sections which deal with “Prohibiting use of interactive wireless
communication device”.

Below is a copy of Sections 2 & 3 of HB2070. It is notable that
there are no exceptions for Amateur Radio. However, Section 2 of
HB2070 on page 5 lines 19 Thru 22 there is this:,
“The term does not include a device being used exclusively as a
global
positioning or navigation system, or a system or device that is
physically or electronically integrated into the vehicle.
The question then becomes are 2 way radios which are wired into a
vehicle included in this exemption? Surely using a hand held radio
could place you in jeopardy.
As it stands now the legislation may very well have an large
impact on Amateur Radio mobile communications. If you would like to
voice your opinion concerning this portion of HB2070. Please contact
your Pennsylvania State Senator. Remember that the “Interactive
Wireless Communications Device sections are only a portion of the
proposed bill and your comments to your Senator should reflect this
fact.

IF YOU DO NOT KNOW WHO YOUR PENNSYLVANIA STATE SENATOR IS, USE
THE FOLLOWING LINK.

http://www.legis.state.pa.us/cfdocs/legis/home/find.cfm

TO VIEW THE ENTIRE BILL USE THE LINK BELOW.

http://www.legis.state.pa.us/

After you are at the above link look in the upper right hand
corner for the box labeled “Find Legislation By..” Then check the box
“Bill #” Then enter HB2070 where is says “Enter Keyword(s) Then
select “GO” . The web site http://www.legis.state.pa.us/ contains an
abundance of Pennsylvania legislative actions and contact information
and should be a site that everyone has bookmarked.

—————————–
HB2070
Sections 2 & 3
———–
Section 2. Section 102 of Title 75 is amended by adding a
definition to read:

102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
“Interactive wireless communication device.” A wireless
telephone, personal digital assistant, smart phone, Portable or
mobile computer, or similar device which can be used for voice
communication, texting, e-mailing, browsing the Internet or
instant messaging, but. The term does not include a device being
used exclusively as a global positioning or navigation system,
or a system or device that is physically or electronically
integrated into the vehicle.
* * *
Section 3. Title 75 is amended by adding a section to read:
3316. Prohibiting use of interactive wireless communication
device.
(a) Driver restrictions.–
(1) No person shall drive a motor vehicle upon a roadway
or trafficway in this Commonwealth while using an interactive
wireless communication device for a purpose other than:

(i) voice communication through the use of an
interactive wireless communications device while in
hands-free mode;
(ii) reading, selecting or entering a telephone
number or name into an interactive wireless communication
device for the purpose of making a telephone call voice
communication; or
(iii) utilizing a global positioning or navigation
system.
(2) No person with a learner’s permit or junior driver’s
license shall drive a motor vehicle upon a roadway or
trafficway in this Commonwealth while using an interactive
wireless communication device.
(b) Exceptions.–This section shall not apply to:
(1) A driver using an interactive wireless communication
device to contact a 911 system or wireless E-911 service, as
defined in the act of July 9, 1990 (P.L.340, No.78), known as
the Public Safety Emergency Telephone Act.
(2) A driver using an interactive wireless communication
device when the vehicle is stopped due to traffic being
obstructed and the driver has a traffic obstruction and the
motor vehicle transmission is in neutral or park.
(3) Operators of emergency vehicles who use an
interactive wireless communications device for voice
communication for the purpose of responding to an emergency
while engaged in the performance of their official duties.
(4) Volunteer emergency responders who use an
interactive wireless communications device for voice
communication for the purpose of responding to an emergency
while engaged in the performance of their official duties.

(c) Seizure.–The provisions of this section shall not be
construed as authorizing the seizure or forfeiture of an
interactive wireless communication device.
(d) Penalty.–
(1) A person who violates subsection (a) commits a
summary offense and shall, upon conviction, be sentenced to
pay a fine of $50.
(2) A person who violates subsection (a) while passing
through a school zone, as defined and provided under the
regulations of the department, commits a summary offense and
shall, upon conviction, be sentenced to pay a fine of $100.
An official traffic-control device shall indicate the
beginning and end of each school zone to traffic approaching
in each direction. Establishment of a school zone, including
its location and hours of operation, shall be approved by the
department.
(e) Public education and awareness program.–The department
shall develop and maintain Statewide public education and
awareness programs to combat distracted driving and driving
under the influence and promote awareness of the provisions of
this section subject to available funding.
(f) Guidelines.–The department shall, in consultation with
the Department of Education and the Pennsylvania State Police,
promulgate guidelines for the implementation of subsection (e)
within six months of the effective date of this section.
(g) Insurance.–An insurer may not charge an insured who has
been convicted under this section a higher premium for a policy
of insurance in whole or in part by reason of that conviction.
(h) Department to compile report.–The department shall
annually compile and make available to the Transportation

Committee of the Senate and the Transportation Committee of the
House of Representatives a report detailing the public education
efforts to combat distracted driving and driving under the
influence and promote awareness of the provisions of this
section.
(i) Definitions.–As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
“Hands-free mode.” The use of an interactive wireless
communications device that allows the user to engage in
communication without the use of either hand by means of an
internal feature or function or an attachment or device.
“Volunteer emergency responder.” Any of the following:
(1) A member of a volunteer ambulance service as defined
in section 102 of the act of July 31, 2003 (P.L.73, No.17),
known as the Volunteer Fire Company and Volunteer Ambulance
Service Grant Act.
(2) A member of a volunteer fire company as defined in
section 102 of the Volunteer Fire Company and Volunteer
Ambulance Service Grant Act.
(3) A member of a volunteer rescue company as defined in
section 102 of the Volunteer Fire Company and Volunteer
Ambulance Service Grant Act.
==============================END OF E-MAIL
TO VIEW THE ENTIRE LEGISLATION HB2070 VISIT

http://www.legis.state.pa.us/

73
John N3MSE
W. Pa. Section Manager

Popularity: 52% [?]