I received the email below. A bill has been introduced in the Senate that will make the use of any non "hands free" communication device a crime. It does not spell out an exemption for ham radio, which many states do.
Here is a link to the bill: http://www.ncleg.net/Sessions/2017/Bills/Senate/PDF/S364v1.pdf The first thing I noticed is that it is called the "Brian Garlock Act." which tells me that it is more feel good, but does nothing legislation. The second thing is that it repeals:
20-137.3: http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-137.3.html
20-137.4A: http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-137.4A.html
and § 20-137.4: http://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_20/gs_20-137.4.html
http://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_20/gs_20-137.4.html
The above makes it illegal to text and drive, which is admittedly a problem, but the current law doesn't stop it. Makes it illegal to use a phone by anyone under 18, and makes it illegal to use one on a school bus, all of which are included in this new bill.
The assumption that the bill's author(s) make is that it is the operation of the HANDS that is the problem. It is not. I have been involved in several ham radio conversations on this topic where it has been repeatedly noticed that one talking on a ham radio is far less distracting than on a cell phone and that two "hands free" operation does not make a cell phone any LESS distracting. Rather the consensus is that the phone conversation has a way of consuming your mental focus as it is a direct, one on one conversation, which is different than generalized radio traffic. Other people who have CB's have stated the the same observation.
Please contact your representative and tell them that you oppose this bill, or that at a minimum an exemption should be made for ham radio and CB traffic.
Here is a link to the bill: http://www.ncleg.net/Sessions/2017/Bills/Senate/PDF/S364v1.pdf The first thing I noticed is that it is called the "Brian Garlock Act." which tells me that it is more feel good, but does nothing legislation. The second thing is that it repeals:
20-137.3: http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-137.3.html
20-137.4A: http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-137.4A.html
and § 20-137.4: http://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_20/gs_20-137.4.html
http://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_20/gs_20-137.4.html
The above makes it illegal to text and drive, which is admittedly a problem, but the current law doesn't stop it. Makes it illegal to use a phone by anyone under 18, and makes it illegal to use one on a school bus, all of which are included in this new bill.
The assumption that the bill's author(s) make is that it is the operation of the HANDS that is the problem. It is not. I have been involved in several ham radio conversations on this topic where it has been repeatedly noticed that one talking on a ham radio is far less distracting than on a cell phone and that two "hands free" operation does not make a cell phone any LESS distracting. Rather the consensus is that the phone conversation has a way of consuming your mental focus as it is a direct, one on one conversation, which is different than generalized radio traffic. Other people who have CB's have stated the the same observation.
Please contact your representative and tell them that you oppose this bill, or that at a minimum an exemption should be made for ham radio and CB traffic.
NC SENATE BILL 364 AND AMATEUR RADIO EXEMPTION – NC Senate Bill 364
has has been introduced in the North Carolina Senate to curtail use of
mobile communications while driving. There is no language in the
current draft to exempt Amateur Radio. This is of tremendous concern,
much like a similar bill enacted in Delaware without an Amateur Radio
exemption. It became technically illegal to operate mobile in Delaware
until an Amateur Radio exemption was later added as an amendment.
You are urged to send the following suggested email draft to your State
Senator. Time is of the essence. Now is the time to alert your State
Senator that an Amateur Radio exemption is needed. Please insert you
name and contact information in the draft email (see below) and forward
it to your State Senator. To find your State Senator, see
http://www.ncleg.net/representation/WhoRepresentsMe.aspx Thanks to
Bill Morine, N2COP, ARRL Roanoke Division Vice Director, for providing
this information!
TO: The Honorable <your State Senator’s name>
NC Senate District <your State Senate District number>
RE: Amateur Radio exemption in SB 364, the Brian Gorlack Act
Dear Senator <your State Senator’s name>
On behalf of North Carolina’s 20,000 federally licensed Amateur Radio
operators, I am writing to ask for your consideration to insert in SB364
an exemption for Amateur Radio operators. Amateur Radio operators, or
“Hams” as they have been nicknamed for the past century, have a
long and rich history of public service in times of disaster. A
strategic partner with North Carolina Emergency Management (NCEM) and
NGOs like North Carolina Baptist Men’s Relief, Hams have been
deployed as recently as Hurricane Matthew to aid affected North
Carolinians. Amateur Radio is a volunteer, tax-free resource and
service, saving the state millions of dollars if their services had to
be replicated commercially. The NCDOT recognizes Amateur Radio
operators as First Responders, and issues license plates, which
designate them as such. Much of what Hams accomplish in public service
must be done while mobile. The safety record of Amateur Radio use while
mobile is pristine. Please insert an Amateur Radio exemption in SB364
so Amateur Radio operators can continue to be a tax-free service to the
State of North Carolina and its citizens. I am grateful for your
consideration.
Sincerely,
<your name and call sign>
<your mailing address>
<your city, NC, zip code>
<your telephone number>
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ARRL North Carolina Section
Section Manager: Karl F Bowman, W4CHX
[email protected]
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