Senate Bill 364

noway2

Senior Member
2A Bourbon Hound OG
Charter Life Member
Multi-Factor Enabled
Joined
Dec 16, 2016
Messages
21,178
Location
Onboard the mothership
Rating - 100%
5   0   0
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.

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>

--------------------------------------------------------------------
ARRL North Carolina Section
Section Manager: Karl F Bowman, W4CHX
[email protected]
--------------------------------------------------------------------
 
Here is an e-mail I received from our ARRL Section Manager with an e-mail you may send to your senator.

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>

--------------------------------------------------------------------
ARRL North Carolina Section
Section Manager: Karl F Bowman, W4CHX
[email protected]
 
What about GMRS, CB, commercial radios?

What I disagree with ARRL and dislike in ARRL position is that only Ham is mentioned in the exemption requests. ARRL behaves here exactly as hunters who support gun control for the rest of population because they personally don't need these damned AR's to hunt their squirrels and rabbits.

I would advice to stop acting with "not on my backyard mindset" and to include all kinds of properly licensed and used radios to the exemption.
 
What about GMRS, CB, commercial radios?

The ARRL was founded over 100 years ago to represent licensed radio hobbyists. It does not represent all radio interests.

The commercial radio industry has it's own lobby group(s). GMRS is commercial.

CB radio operators specifically don't want to be regulated or represented.

The ARRL doesn't represent cell service providers, radio controlled toy interests, computer WiFi and so on ....

The ARRL is looking after those interests it represents and for the reasons it was founded. You say you dislike the ARRL, so I guess you aren't a member and don't want their representation; which is Amateur Radio.

Anyone can write their government representatives to object to regulations relating to their special interests or concerns and/or join the lobbyists that represent that industry. There's no barrier to objection.
 
Thanks for the post Howard. Came here to post it myself and, as usual, you beat me to it.

This is one of the good things about being an ARRL member - someone's watching out when you're not. That's worth a few bucks.
 
You say you dislike the ARRL, so I guess you aren't a member and don't want their representation; which is Amateur Radio
That's pretty funny how you turned "disagree/dislike the position on this issue" into "are not/(shall not be?) a member". You made me almost ashamed that I dared to join ARRL. But then I realized that I don't have to have that "pseudo-elitists" mindset to be a ham and ARRL member and decided to be not ashamed. :)

Sure, you are completely right, if all you want is demonstratively care about isolated HAM community, because other areas "have their own representation or don't want to be represented".

In the same time, just give it a minute to imagine the situation when only HAM is exception from the law. There is no way for the officer to distinguish HAM from CB or GMRS on the move. So anyone who is using radio will be stopped. Then, most probably, the majority of officers will not receive the proper training on how to distinguish HAM from not HAM. So, even if at the end, the stop will be easily resolved, not, say, in court - it is still stop and time wasting. Such situation will destroy using HAM radio behind the driving wheel also as effective as a direct prohibition.

So, when you are saying that I, probably, don't want to be represented THIS way - sure, I don't. Because the least thing I care about is poking CBs who don't want to be represented or GMRS who are way too stupid even to take an exam. I care about using radio in my car.
 
That's pretty funny how you turned "disagree/dislike the position on this issue" into "are not/(shall not be?) a member".

You said - "ARRL behaves here exactly as hunters who support gun control for the rest of population because they personally don't need these damned AR's to hunt their squirrels and rabbits. "

This sounds like condemning the ARRL, not just the position. Again, the ARRL represents ham radio, not all radio interests.

Write your representatives about your interest in CB radio, with your thoughts of how potential legislation should be crafted.

As for ham radio, the FCC provides a wallet size license that be presented with State ID to prove exception by virtue of Federal license.
 
This sounds like condemning the ARRL, not just the position
Man, if we getting into schooling each other, I tell you what, the fact that I am ham and I am an ARRL member does not mean that I cannot or shall not criticize them. If you think that critique of ARRL in whole or particular ARRL behavior is not appropriate at the level you are expressing, you need to stop then extend your own vision over the whole ham radio and every ham operator. Because I AM ham operator and this letter does NOT reflect my needs and expectations as a HAM operator.

As for ham radio, the FCC provides a wallet size license that be presented with State ID to prove exception by virtue of Federal license.

1) If you don't know, FCC is paperless for HAM license at least for two years from now. I have NO paper license at all and not supposed to have one. Should I carry 4g tablet with me to show officer an entry in ULS? ;-)

2) What about out-of-state operators? Does anyone routinely carry the license? Is it required by the lay? Or... oh, I know. This is letter of North Carolina section. So, you can start schooling me about "North Carolina section cares about North Carolina hams and ham from the other states have their own sections to care about". :)

3) Again, just use your imagination a little bit harder and try to guess how many amateur will continue use their radios in the car after they are stopped a few times just to show the license (which they cannot anyway). Because it won't be enough to show it once. It will cause stop, waiting, showing license, probably explaining what it is every time when a police officer see a person with the radio.

Such kind of policies was proven pretty effective against CCW in some states. People really sound their desire to surrender their CCW because they are tired of being stopped by police. Yep, every stop gets no consequences, but when it happens and happens and happens - it will be tiresome.

So, go ahead, and stay strong in your "ARRL for ARRL" stance. All you get will be "amendment to demonstrate ARRL involvment", not an amendment which really cares about operators, including ham. Good goal for the efforts, yeah...
 
You can print your license by logging into your FCC account. You can also change your preference in your account to receive a paper license.

You really seem angry at the prospect of this legislation and feel strongly that we should all pick flies out of cow patties as to what we can fantasize about the impact of such legislation. If you oppose the proposed legislation, write or call your legislators and tell the ARRL. The law isn't about caring about radio operators. It's regulation imposed by the uneducated. Call them and educate them as to your reasoning. I doubt the people crafting this legislation are reading this forum.
 
Last edited:
I posted the suggested letter, not the one I sent which was modifued. In it I politely pointed out the absurdity about thinking that it's occupied hands that is the cause of distracted driving, because it's not, it's the mental preoccupation that isn't there with radio. Like the suggested article I pointed out the demonstrable difference in the safety record between mobile radio operators, including CB, and cell phone use, especially texting. I mentioned that many states have carved out exemptions for mobile radio and ham use. I asked my rep to OPPOSE this legislation, or failing that to at least carve out an exemption for mobile radio.

What I didn't state was that its already illegal to text while driving but half the jackasses on the road are doing it and you can usually tell who they are by their driving. So much for a "ban" which will be ignored and people will simply not visibly hold their radio mic when cops are around. Speaking of, they sure granted themselves an exception.

@nowhere-man I too am a lcensed ham. I oppose this legislation in its entirety. I don't believe is the correct answer and even if there is an exception I don't want to be in a show me your papers position either. (I feel the same about concealed carry but do it anyway) .I am also a member of the ARRL, in part because I view them as the NRA of radio.and like them I don't agree with everything the ARRL does, but @htperry is correct, the ARRL represents ham radio, not CB, not FRS, not wifi modem makers, etc.
 
@nowhere-manI too am a lcensed ham. I oppose this legislation in its entirety. I don't believe is the correct answer and even if there is an exception I don't want to be in a show me your papers position either .
Thank you, this is exactly what I think and what I wrote to my rep. That would be the best position to oppose the whole legislation and this is the best way to care about HAM operators (as well as all other).
 
Back
Top Bottom