----- Forwarded Message -----
From: ARRL Members Only Web site <memberl...@www.arrl.org>
To: w0...@yahoo.com 
Sent: Friday, March 9, 2012 6:34 PM
Subject: Amateur Radio Response to Texting Bill Needed

Norm Lampton, KC0FNA, the MO Section State Goverment Liasion has alerted
me to a bill that has been filed that if unmodified could make operating
an Amateur Radio mobile a crime.  Look over the information provided and
contact your Senator and Representative and let them know of your
concerns about this threat to our Emergency Operations and normal
operating while mobile.  First is Norm's letter and following that is
an ARRL summary related to distracted driving and amateur radio.
Dale Bagley, K0KY 
ARRL MO SM

This is what this bill provides (this is just a summary not the exact
wording) It was introduced by Senator Stouffer

SB 717 - This act creates the traffic offense of distracted driving.
Under the terms of the act, a person commits the offense of distracted
driving if the person, while operating a motor vehicle on the highways
of this state:

(1) Fails to give full time and attention to the operation of the motor
vehicle;

(2) Fails to maintain a proper lookout while operating a motor vehicle;
or

(3) Engages in any other activity which causes the operator to be
distracted from the primary mission of driving such motor vehicle.

A person who violates the provisions of the act shall be guilty of a
Class C misdemeanor, unless an accident is involved then it shall be a
Class A misdemeanor.

Using a mobile would be a violation of this act. In fact if you sneeze
then wipe your nose you violate the act.  It is directed at texting and
cell phone use but it is so overly broad that it catches almost
anything that isn’t driving the car. 

I am going to try to get this fixed but it would be of much help if we
could alert the membership to contact their state senator and voice
concerns.

Members can find their Senate and House members 
at this link http://www.senate.mo.gov/llookup/leg_lookup.aspx. 
Contact with the Senators is urgent but contact with House members
would be helpful.

ARRL Information follows:

the ARRL has taken a position on distracted driving: 
http://www.arrl.org/news/arrl-president-presents-league-s-views-on-di....
On that page is a link to the President’s letter to the National
Safety Council in July 2009 and the League’s policy statement on
distracted driving: 
http://www.arrl.org/files/file/MobileAmateurRadioPolicyStatement.pdf. 

Here’s an excerpt from the Policy Statement:  “The ARRL is aware
of no evidence that such operation contributes to driver inattention.
Quite the contrary: radio amateurs are public service-minded
individuals who utilize their radio-equipped motor vehicles to assist
others, and they are focused on driving in the execution of that
function.  The States encourage mobile amateur radio operation as a
public benefit.”…” Given the necessity of unrestricted mobile
Amateur Radio communications in order for the benefits of Amateur Radio
to the public to continue to be realized, ARRL urges state and municipal
legislators considering restrictions on mobile cellular telephone
operation to (I) narrowly define the class of devices included in the
regulation so that the class includes only full duplex wireless
telephones and related hand-held or portable equipment as defined
below; or alternatively (II) specifically identify licensed Amateur
Radio operation as an excluded service.”

Legislators should be made aware that there are many activities, such
as the use of Amateur Radio in a motor vehicle, that are safe and do
not distract the driver from operating the motor vehicle, and which are
important to Amateur Radio’s emergency communications service to the
public.  And it’s significant that Missouri Motor Vehicle law,
Section 304.012, already requires drivers to use the highest degree of
care.  And Missouri’s texting restrictions for persons 21 years of
age or younger, Section 304.820, specifically exempts from the
provisions of that statute “the use of two-way radio transmitters or
receivers by a licensee of the Federal Communications Commission in the
Amateur Radio Service.”  Section 304.820.10(5). Such an exemption
should be included in other laws dealing with distracted driving, so as
not to interfere with Amateur Radio’s communications services to the
public in emergencies.

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ARRL Missouri Section
Section Manager: Dale C Bagley, K0KY
k...@arrl.org
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