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[aprssig] No More Mobile APRS In California

Dave Haynes dave at ep90.com
Fri Sep 26 16:02:39 UTC 2008



w2kb at comcast.net wrote:
>  New Jersey has a similar statute, but it exempts Amateur Radio.  73, ---Ken W2KB

If it's of interest to anyone, it took me a good while but I found the
relevant legislation here in the UK (quoted below). I suppose I could
claim my quad-band mobile is exempt since it is certainly "designed or
adapted" to operate on a frequency other than those listed. I don't
think I'll be putting it to the test though. It does demonstrate how
badly writtenlegislation creates dump loopholes though e.g. I could
certainly use a skype wifi handset, connected to my wifi capable smartphone.

Dave


>From http://www.opsi.gov.uk/si/si2003/20032695.htm

The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations
2003 says (Heavily snipped) :-

     110.  - (1) No person shall drive a motor vehicle on a road if he
is using -

      (a) a hand-held mobile telephone; or

      (b) a hand-held device of a kind specified in paragraph (4).
<snip>

    (4) A device referred to in paragraphs (1)(b), (2)(b) and (3)(b) is
a device, other than a two-way radio, which performs an interactive
communication function by transmitting and receiving data.

<snip>
      (d) "two-way radio" means any wireless telegraphy apparatus which
is designed or adapted -

            (i) for the purpose of transmitting and receiving spoken
messages; and

            (ii) to operate on any frequency other than 880 MHz to 915
MHz, 925 MHz to 960 MHz, 1710 MHz to 1785 MHz, 1805 MHz to 1880 MHz,
1900 MHz to 1980 MHz or 2110 MHz to 2170 MHz;

And from http://www.opsi.gov.uk/Acts/acts2006/PDF/ukpga_20060049_en.pdf

The Road Safety Act 2006 says ...

26 Breach of requirements as to control of vehicle, mobile telephones etc.
(1) Before section 42 of the Road Traffic Act 1988 insert—
“41D Breach of requirements as to control of vehicle, mobile telephones etc.
A person who contravenes or fails to comply with a construction and
use requirement—
(a) as to not driving a motor vehicle in a position which does not
give proper control or a full view of the road and traffic ahead,
or not causing or permitting the driving of a motor vehicle by
another person in such a position, or
(b) as to not driving or supervising the driving of a motor vehicle
while using a hand-held mobile telephone or other hand-held
interactive communication device, or not causing or permitting
the driving of a motor vehicle by another person using such a
telephone or other device,
is guilty of an offence.”

-- 
Dave Haynes
<dave at ep90.com>

"When buying a used car, punch the buttons on the radio. If all the
stations are rock and roll, there's a good chance the transmission is
shot." - Larry Lujack




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