Laws governing the use of electronic communications devices in the United States are common with the ubiquitous proliferation of cell phones and are largely regulated by individual states. Below is a list of the laws by state.

It should be noted that many states that enforce mobile electronic prohibitions while driving specifically exempt amateur radios from these laws but do not exempt GMRS.

The ARRL has created a policy statement regarding mobile amateur radio operations with the proliferation of laws restricting the use of personal electronic communications devices.

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Alaska Statutes Title 28. Motor Vehicles § 28.35.161. Use of electronic devices while driving; unlawful installation of television, monitor, or similar device Current as of January 01, 2022.

(a) A person commits the crime of driving while texting, while communicating on a computer, or while a screen device is operating if the person is driving a motor vehicle, and

(1) the vehicle has a television, video monitor, portable computer, or any other similar means capable of providing a visual display that is in full view of a driver in a normal driving position while the vehicle is in motion, and the monitor or visual display is operating while the person is driving; or

(2) the person is reading or typing a text message or other nonvoice message or communication on a cellular telephone, personal data assistant, computer, or any other similar means capable of providing a visual display that is in the view of the driver in a normal driving position while the vehicle is in motion and while the person is driving.

(b) A person may not install or alter equipment described in (a) of this section that allows the images to be viewed by the driver in a normal driving position while the vehicle is in motion.

© Subsections (a) and (b) of this section do not apply to

(1) portable cellular telephones or personal data assistants being used for voice communication or displaying caller identification information;

(2) equipment that is displaying only

(A) audio equipment information, functions, and controls;

(B) vehicle information or controls related to speed, fuel level, battery charge, and other vehicle safety or equipment information;

(C) navigation or global positioning;

(D) maps;

(E) visual information to

(i) enhance or supplement the driver's view forward, behind, or to the sides of the motor vehicle for the purpose of maneuvering the vehicle; or

(ii) allow the driver to monitor vehicle occupants seated behind the driver;

(F) vehicle dispatching and response information for motor vehicles providing emergency road service or roadside assistance;

(G) vehicle dispatching information for passenger transport or freight or package delivery;

(H) information for use in performing highway construction, maintenance, or repair or data acquisition by the Department of Transportation and Public Facilities or a municipality; or

(I) information for use in performing utility construction, maintenance, repair, or data acquisition by a public utility; in this subparagraph, “public utility” has the meaning given in AS 42.05.990.

(d) Subsections (a) and (b) of this section do not apply to devices and equipment installed in an emergency vehicle, whether removable or permanently installed, or to the viewing of authorized screen devices by police, fire, or emergency medical service personnel if the user of the equipment or device reasonably believes the information on the device is necessary to respond to a health, safety, or criminal matter. In this subsection, “emergency vehicle” means a police, fire, or emergency medical service vehicle.

(e) It is an affirmative defense to a prosecution under (b) of this section that the equipment installed or altered includes a device that, when the motor vehicle is being driven, disables the equipment for all uses except those described in © of this section.

(f) A person who violates (a) of this section is guilty of

(1) a violation and shall be punished as provided in AS 12.55, unless any of the circumstances described in (2)–(4) of this subsection apply;

(2) a class C felony if the person's driving causes physical injury to another person;

(3) a class B felony if the person's driving causes serious physical injury to another person;

(4) a class A felony if the person's driving causes the death of another person.

(g) A person who violates (b) of this section is guilty of a class A misdemeanor.

PA 12-67-SB 61

Public Safety and Security Committee Transportation Committee Energy and Technology Committee

AN ACT EXEMPTING AMATEUR RADIO OPERATORS USING HAND-HELD RADIOS FROM THE PROHIBITION ON USING HAND-HELD MOBILE TELEPHONES AND MOBILE ELECTRONIC DEVICES WHILE DRIVING

SUMMARY: This act exempts the use of a hand-held radio by anyone issued a Federal Communications Commission amateur radio station license (ham operator) from the ban on using hand-held cell phones or mobile electronic devices while driving on a highway. It allows ham operators to use the devices without the limitations that apply to other exempt or authorized users under existing law.

Under existing law, the following are exempt from the ban while performing their official duties: (1) peace officers, firefighters, and ambulance or authorized emergency vehicle drivers and (2) armed forces members operating a military vehicle. Also, drivers, including school bus drivers, may use a hand-held cell phone to communicate about an emergency with an emergency response operator, hospital, health clinic or physician's office, ambulance company, or fire or police department. And school bus drivers may also use the phones or devices to place emergency calls to school officials.

EFFECTIVE DATE: October 1, 2012

BACKGROUND

Mobile Electronic Device

The law defines a “mobile electronic device” as any hand-held or portable electronic equipment capable of providing data communication between two or more people. It includes text messaging or paging devices, personal digital assistants, laptop computers, video game equipment, digital video disk players, and equipment that takes or transmits digital photographs. It does not include audio equipment or equipment installed in the vehicle to provide (1) navigation, emergency, or other aid to the driver or (2) video entertainment to rear-seat passengers.

Opinion: Amateur radio use while operating a motor vehicle is permitted.