ALERT!! Virginia Hams! Fwd: Virginia 2017 Potential Legislation

Sun Jan 8 11:53:48 CST 2017

Note from Joe Palsa, ARRL Virginia Section Manager found in email below.

Please contact your local representative (in the Virginia legislature, 
Senate particularly since it is a senate bill) and ask them to change 
the wording in the bill below (section B.5. of the bill) to specifically 
exempt Amateur Radio Operation from the bill as they have exempted the 
Citizens Radio Service. It is likely that most legislators don't know 
the difference!!

A possible change to Section B.5. should read:

"5. The use of /_a Federally Licensed Amateur (Ham) Radio or_ /a 
citizens band radio; or"

...or it could be separated out into its own numbered paragraph in 
Section B:

"(X). _/The use of a Federally Licensed Amateur (Ham) Radio; or"/_.

When writing, you may also want to remind the legislators of Amateur 
Radio's role in emergency and public service situations and of ARES 
(Amateur Radio Emergency Service) cooperation and integration in 
Virginia state emergency services and the necessity for Amateur Radio 
Operators to be able to communicate while in motion in their vehicles.

If the bill passes as-is, you could be arrested for talking on your 
VHF/UHF handheld or mobile radio in your car while in motion! See the 
punishments in Sections C.1. and C.2.

Members phone numbers:

http://apps.senate.virginia.gov/Senator/
http://virginiageneralassembly.gov/house/members/members.php

Virginia General Assembly Website:

http://virginiageneralassembly.gov/

Find the "Who's my legislator" link on the page, click on it (and share 
your location!) and you will find phone numbers and a link to send them 
email.

The bill sponsors are House Delegate Kay Kory(D-38) and Senate Delegate 
Scott A. Surovell (D-36) who should be copied on any emails sent to your 
district delegates. You might want to send one to both your senate and 
house delegates. For the 33rd district (where I reside), where many of 
you reside (but some in LARG do not, so check it out!) the Senator is 
Jennifer Wexford and the House Delegate is Dave LaRock.

district33 at senate.virginia.gov  (Jennifer Wexford's email)
DelDLaRock at house.virginia.gov
DelKKory at house.virginia.gov
district36 at senate.virginia.gov  (Scott Surovell's email)

Thank you for helping to keep mobile Amateur Radio safe from arrest and 
prosecution in Virginia!

Thanks, 73,
Paul -- N4PD

-------- Forwarded Message --------
Subject: 	Virginia 2017 Potential Legislation
Date: 	Sun, 08 Jan 2017 11:04:33 -0500 (EST)
From: 	ARRL Members Only Web site <memberlist at www.arrl.org>
To: 	n4pd at verizon.net

Jan 8 2017

IMPORTANT INFORMATION CONCERNING ALL AMATEUR RADIO OPERATORS IN
VIRGINIA

OK----here we go again. Virginia legislators are scheduled to convene
again in the next several days.  There is a Senate Bill # 860 which
again is trying to prevent the operation including texting and other
operations affecting two way radio while operating a motor vehicle. The
bill as you can read below----shows an exception for citizens band radio
and other special equipment and situations-------HOWEVER IT DOES NOT
EXEMPT AMATEUR RADIO OPERATION.

It is important you contact your local Virginia Legislator and request
the they MODIFY the wording in Senate Bill #860 -----TO INCLUDE AMATEUR
RADIO ------IN ADDITION TO CITIZENS BAND RADIO ---AS AN EXCEPTION IN
ITEM B-5, AS NOTED IN THIS EXISTING BILL.2017 SESSION

SENATE BILL NO. 860
Offered January 11, 2017
Prefiled December 7, 2016
A BILL to amend and reenact § 46.2-1078.1 of the Code of Virginia,
relating to hands-free operation of handheld personal communications
devices in motor vehicles; exceptions; penalty.
----------
Patrons-- Surovell; Delegate: Kory
----------
Referred to Committee on Transportation
----------
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-1078.1 of the Code of Virginia is amended and reenacted
as follows:
§ 46.2-1078.1. Use of handheld personal communications devices in
certain motor vehicles; exceptions; penalty.
A. It is unlawful for any person to operate a moving motor vehicle on
the highways in the Commonwealth while using any handheld personal
communications device to: unless the handheld personal communications
device is specifically designed and configured to allow voice and
hands-free operation and the device is being used in that manner
1. Manually enter multiple letters or text in the device as a means of
communicating with another person; or
2. Read any email or text message transmitted to the device or stored
within the device, provided that this prohibition shall not apply to
any name or number stored within the device nor to any caller
identification information.
B. The provisions of this section shall not apply to:
1. The operator of any emergency vehicle while he is engaged in the
performance of his official duties;
2. An operator who is lawfully parked or stopped;
3. The use of factory-installed or aftermarket global positioning
systems (GPS) or wireless communications devices used to transmit or
receive data as part of a digital dispatch system; or
4. The use of a handheld personal communications device for purposes of
navigation or generating audio transmission, provided that such device
is physically mounted to a vehicle;
5. The use of a citizens band radio; or
6. Any person using a handheld personal communications device to report
an emergency.
C. A violation of this section is shall be punishable as follows:
1. As a traffic infraction punishable, for a first offense, by a fine
of $125 and, for a second or subsequent offense, by a fine of $250; or
2. If such offense occurs concurrently with an additional traffic
offense set forth in Title 18.2 or 46.2, or a valid local ordinance
governing traffic, or proximately results in an accident, it shall be
punishable as reckless driving as set forth in § 46.2-868.
D. For the purposes of this section, "emergency vehicle" means:
1. Any law-enforcement vehicle operated by or under the direction of a
federal, state, or local law-enforcement officer while engaged in the
performance of official duties;
2. Any regional detention center vehicle operated by or under the
direction of a correctional officer responding to an emergency call or
operating in an emergency situation;
3. Any vehicle used to fight fire, including publicly owned state
forest warden vehicles, when traveling in response to a fire alarm or
emergency call;
4. Any emergency medical services vehicle designed or used for the
principal purpose of supplying resuscitation or emergency medical
services relief where human life is endangered;
5. Any Department of Emergency Management vehicle or Office of
Emergency Medical Services vehicle, when responding to an emergency
call or operating in an emergency situation;
6. Any Department of Corrections vehicle designated by the Director of
the Department of Corrections, when (i) responding to an emergency call
at a correctional facility, (ii) participating in a drug-related
investigation, (iii) pursuing escapees from a correctional facility, or
(iv) responding to a request for assistance from a law-enforcement
officer; and
7. Any vehicle authorized to be equipped with alternating, blinking, or
flashing red or red and white secondary warning lights pursuant to §
46.2-1029.2.
D. E. Distracted driving shall be included as a part of the driver's
license knowledge examination.

Please respond to this needed change in this bill by contacting local
legislator ASAP since this is an active matter that AFFECTS EACH AND
EVERY AMATEUR RADIO OPERATOR IN VIRGINIA.

Dr Joe Palsa
Virginia Section Manager

--------------------------------------------------------------------
ARRL Virginia Section
Section Manager: Dr Joseph G Palsa, K3WRY
k3wry at arrl.org
--------------------------------------------------------------------

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