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--- us_ham_radio_laws_mobile [2023/10/31 20:00]
KD6KPC [Connecticut]
+++ us_ham_radio_laws_mobile [2023/10/31 20:19] (current)
KD6KPC [Indiana]
@@ Line 12: / Line 12: @@
 The views expressed at, or through, this site are those of the individual authors writing in their individual capacities only – not those of their respective employers, the ABA, or committee/task force as a whole.  All liability with respect to actions taken or not taken based on the contents of this site are hereby expressly disclaimed.  The content on this posting is provided "as is;" no representations are made that the content is error-free.
+===== Alabama =====
+**Alabama Code Title 32. Motor Vehicles and Traffic § 32-5A-350**
+Current as of December 30, 2022
+(a) For purposes of this article, the following words have the following meanings:
+(1) Wireless telecommunication device. A handheld cellular telephone, a text-messaging device, a personal digital assistant, a stand alone computer, or any other similar wireless device that is readily removable from a vehicle and is used to write, send, or read text or data through manual input. The term “wireless telecommunication device” does not include a device which is voice-operated and which allows the user to send or receive a text-based communication without the use of either hand except to activate or deactivate a feature or function.
+(2) Write, send, or read a text-based communication. Using a wireless telecommunication device to manually communicate with any person using text-based communication, including, but not limited to, communications referred to as a text message, instant message, or electronic mail. The term does not include reading, selecting, or entering a telephone number or name in a cell or wireless telephone or communication device for the purpose of making a telephone call.
+(b) A person may not operate a motor vehicle on a public road, street, or highway in Alabama while using a wireless telecommunication device to write, send, or read a text-based communication.
+(c) A person who violates subsection (b) is subject to fines as follows:
+(1) Twenty-five dollars ($25) for a first violation.
+(2) Fifty dollars ($50) for a second violation.
+(3) Seventy-five dollars ($75) for a third or subsequent violation.
+(d) Law enforcement officers enforcing this section may treat a violation of this section as the primary or sole reason for issuing a citation to a driver.
+(e) The following uses of wireless communication devices shall not be subject to the restrictions in this section:
+(1) An individual using a wireless communication device to obtain emergency services including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.
+(2) An individual using a wireless communication device while the motor vehicle is parked on the shoulder of the highway, road, or street.
+(3) An individual using a wireless communication device as a global positioning or navigation system to receive driving directions which has been pre-programmed with the desired coordinates. The programming of coordinates while operating a vehicle remains a violation of this section.
+**Opinion:** Legal, if using a radio that is not readily removable from the vehicle. For example, a mobile radio that has been installed into the vehicle as to be attached is legal. A handheld radio (handie-talkie) would not be legal.
 ===== Alaska =====
@@ Line 146: / Line 179: @@
 . "Stand-alone electronic device" means a portable device other than a portable wireless communication device that stores audio or video data files to be retrieved on demand by a user.
-**Opinion:** Use of a mobile radio is permitted. Use of a portable (handi-talkie) is prohibited unless reporting an emergency.
+**Opinion:** Legal. Use of a mobile radio is permitted. Use of a portable (handi-talkie) is prohibited unless reporting an emergency.
-===== California =====
+===== Arkansas =====
-. (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.
+**2010 Arkansas Code
+Title 27 - Transportation
+Subtitle 4 - Motor Vehicular Traffic
+Chapter 51 - Operation Of Vehicles -- Rules Of The Road
+Subchapter 15 - Paul's Law: To Prohibit Drivers of Motor Vehicles from Using Handheld Wireless Telephones to Engage in Text Messaging
+§ 27-51-1504 - Use of a handheld wireless telephone when driving.
+-51-1504. Use of a handheld wireless telephone when driving.**
-(b) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.
+(a) Except as provided in subsection (b) of this section, a driver of a motor vehicle shall not use a handheld wireless telephone for wireless interactive communication while operating a motor vehicle.
-(c) This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.
+(b) (1) A driver of a motor vehicle may use a handheld wireless telephone for wireless interactive communication in emergencies.
-(d) This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.
+(2) A person is exempt from the requirements of subsection (a) of this section if performing his or her official duties as a:
-(e) This section does not apply to a person driving a schoolbus or transit vehicle that is subject to Section 23125.
+(A) Certified law enforcement officer;
-(f) This section does not apply to a person while driving a motor vehicle on private property.
+(B) Firefighter;
-(g) This section shall become operative on July 1, 2011.
+(C) Ambulance driver; or
+(D) Emergency medical technician.
+===== California =====
 .5. (a) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.
@@ Line 179: / Line 222: @@
 (f) For the purposes of this section, “electronic wireless communications device” includes, but is not limited to, a broadband personal communication device, a handheld device or laptop computer with mobile data access, or a pager.
+**Opinion:** Unclear. It is technically illegal, based on the language of the code, to use an amateur radio while operating a motor vehicle. Some government officials and law enforcement agencies have taken the stance that using a wired microphone is permissible, but operation with a handheld (handi-talkie) is not.
@@ Line 206: / Line 249: @@
 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.
+**Opinion:** Legal. Amateur radio use while operating a motor vehicle is permitted.
+===== Indiana =====
+**IC 35-44-3-12
+Unlawful use of a police radio; exemptions; "police radio" defined**
+Sec. 12. (a) A person who knowingly or intentionally:
+(1) possesses a police radio;
+(2) transmits over a frequency assigned for police emergency purposes; or
+(3) possesses or uses a police radio:
+(A) while committing a crime;
+(B) to further the commission of a crime; or
+(C) to avoid detection by a law enforcement agency;
+commits unlawful use of a police radio, a Class B misdemeanor.
+(b) Subsection (a)(1) and (a)(2) do not apply to:
+(1) a governmental entity;
+(2) a regularly employed law enforcement officer;
+(3) a common carrier of persons for hire whose vehicles are used in emergency service;
+(4) a public service or utility company whose vehicles are used in emergency service;
+(5) a person who has written permission from the chief executive officer of a law enforcement agency to possess a police radio;
+(6) a person who holds an amateur radio license issued by the Federal Communications Commission if the person is not transmitting over a frequency assigned for police emergency purposes;
+(7) a person who uses a police radio only in the person's dwelling or place of business;
+(8) a person:
+(A) who is regularly engaged in newsgathering activities;
+(B) who is employed by a newspaper qualified to receive legal advertisements under IC 5-3-1, a wire service, or a licensed commercial or public radio or television station; and
+(C) whose name is furnished by his employer to the chief executive officer of a law enforcement agency in the county in which the employer's principal office is located;
+(9) a person engaged in the business of manufacturing or selling police radios; or
+(10) a person who possesses or uses a police radio during the normal course of the person's lawful business.
+(c) As used in this section, "police radio" means a radio that is capable of sending or receiving signals transmitted on frequencies assigned by the Federal Communications Commission for police emergency purposes and that:
+(1) can be installed, maintained, or operated in a vehicle; or
+(2) can be operated while it is being carried by an individual.
+The term does not include a radio designed for use only in a dwelling.
+**Opinion:** Legal. Amateur radio operators holding a valid FCC license are exempted from the restrictions. GMRS licensees are not mentioned and therefore not exempted.

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