On Tue, 20 Dec 2011 17:42:15 EST, Steve Bonine wrote:

We are using an FCC license to determine whether someone is qualified to
drive while operating a radio. They're not required to have any
training and there is no limit to the amount of distraction they can
impose upon themselves.

Oregon, and I would suspect most other states, have a traffic statute
proscribing "driving while distracted". The exemptions that exist -
hams, taxis, etc. - do not supercede that. In plain language, a
traffic officer would have to prove that using the ham radio was a
distraction, as compared to the mere use of a cellphone. It's not an
absolute exemption.

Sadly, the average TO does not have the technical experience or
qualifications to distinguish between a ham radio microphone or
handheld and a cellphone. We had a case like that in Southern
California recently, which went away because the TO did not show up at
trial.

I can live with that burden of proof. Can you?
--

73 de K2ASP - Phil Kane

From a Clearing in the Silicon Forest
Beaverton (Washington County) Oregon

e-mail: k2asp [at] arrl [dot] net