Driver Cell Phone Ban Exemption for Ham Radio

I received the following in email from Nye County, Nevada Hams:

Here is link to the amendment that added the ham radio exclusion:

SB 140 in PDF.

Read it carefully.

The law is primarily concerned with hand held wireless devices, further the law avoids discussing communication/electronic equipment mounted to the vehicle.

A ham radio mounted in a car with a microphone is not a hand held wireless device.

A handi-talkie is a hand held wireless device.

The follow are the exemptions passed in senate bill 140

2. The provisions of this section do not apply to:

(a) A paid or volunteer firefighter, emergency medical technician, ambulance attendant or other person trained to provide emergency medical services who is acting within the course and scope of his or her employment.

(b) A law enforcement officer or any person designated by a sheriff or chief of police or the Director of the Department of Public Safety who is acting within the course and scope of his or her employment.

(c) A person who is reporting a medical emergency, a safety hazard or criminal activity or who is requesting assistance relating to a medical emergency, a safety hazard or criminal activity.

(d) A person who is responding to a situation requiring immediate action to protect the health, welfare or safety of the driver or another person and stopping the vehicle would be inadvisable, impractical or dangerous.

(e) A person who is licensed by the Federal Communications Commission as an amateur radio operator and who is providing a communication service in connection with an actual or impending disaster or emergency, participating in a drill, test, or other exercise in preparation for a disaster or emergency or otherwise communicating public information.

Please note paragraph 2e the amateur exemption, the final statement of “or otherwise

communicating public information” exempts all amateur communication as amateur radio by design is only communicates public information.

It also makes handi talkies legal. Get a Ticket and argue the point with a judge.

Also note exemption does not include CB Radios, but again a mounted radio is not a hand held wireless device. Get a Ticket and argue the point with a judge.

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