Assembly Bill 429 - wireless telecommunications while driving
A recent bill is being proposed to handle the problem of inattentive
driving and this might affect amateur radio mobile communications in
Wisconsin. I asked Jim Lackore, AD9X, State Government Liaison, to
look into it and report his findings:
AB 429 FACT SHEET
Jim Lackore, ARS AD9X, WI Section State Government Liaison Officer
1. AB 429 relates to the use of "wireless telecommunications devices"
while driving.
2. AB 429 defines a "wireless telecommunication device" as "...any
cellular telephone, two-way radio or citizens band radio, personal
digital assistant, or other device being used by the device's operator
to transmit verbal communications, electronic mail, text messages, or
any other electronic communication to one or more persons not
physically present with the device's operator, but does not include any
global positioning system device installed in or on a vehicle."
3. AB 429 exempts certain persons and uses -- BUT DOES NOT EXEMPT THE
MOBILE USE OF AMATEUR RADIO EQUIPMENT BY LICENSED AMATEUR RADIO
OPERATORS.
4. AB 429 is sponsored by Representatives Smith, Black, Hubler and Van
Roy and Senators Taylor and Risser.
5. AB 429 was introduced, read for the first time, and referred to the
Assembly Transportation Committee on 9/22/09.
6. On 09/24/09, I met with Representative Smith and his Legislative
Aide and urged them to modify AB 429 to exclude Amateur Radio operators
from the intent of the Bill by adding the following wording"
a. "4. The person is an Amateur Radio Operator who is: (a) holding a
valid Federal Communications Commission Amateur Radio Operator's
license, (b) using dedicated Amateur Radio two-way radio communication
equipment, and (c) observing proper Amateur Radio operating
procedures.
7. As of 10/06/09 no further progress on the bill has been reported.
(I am on the legislation "watch list" and am notified whenever any
action is pending or taken regarding legislation of interest to
Wisconsin Amateur Radio Operators.) I will pass on any information I
receive regarding the progress of AB 429 through the legislative
process to Don Michalski for dissemination to the Wisconsin Amateur
Radio operators as he deems appropriate.
8. AB 429 may be read by going to
http://www.legis.state.wi.us/2009/data/AB-429.pdf
9. The contact information for all of the State of Wisconsin
Legislature Representatives and Senators may be obtained from
www.legis.state.wi.us.
10. In your written or verbal communication with your Legislator:
a. Be calm and polite. Do not project a belligerent or demanding
attitude. Express your willingness to work with him or her in making
the changes you are requesting.
b. Note that Amateur Radio communications conducted by licensed Amateur
Radio operators comes under the authority and regulation of the FCC.
c. Emphasize the important role in public service communications
played by Amateur Radio mobile operators.
State Government Liaison
James R Lackore, AD9X
465 Agnes Dr
Madison, WI 53711-1303
(608) 233-3902
jlackore@sbcglobal.net
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ARRL Wisconsin Section
Section Manager: Donald E. Michalski, W9IXG
w9ixg@arrl.org
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__________________
Hashafisti Scratchi
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2009 ASSEMBLY BILL 429
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2009 − 2010 LEGISLATURE
2009 ASSEMBLY BILL 429
September 22, 2009 − Introduced by Representatives SMITH, BLACK, HUBLER and
VAN ROY, cosponsored by Senators TAYLOR and RISSER. Referred to Committee
on Transportation.
AN ACT to amend 346.95 (2); and to create 346.89 (3) of the statutes; relating
to: driving a motor vehicle while using a wireless telecommunications device
and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits inattentive driving, which means that a driver of a motor
vehicle may not be so engaged or occupied as to interfere with the safe driving of the
vehicle. Any person convicted of inattentive driving may be required to forfeit not
less than $20 nor more than $400.
This bill prohibits a person from using a wireless telecommunications device
while driving. A “wireless telecommunications device” is defined as any cellular
telephone two−way radio or citizens band radio, personal digital assistant, or other
device while being used by the device’s operator to transmit verbal communications,
electronic mail, text messages, or any other electronic communication to one or more
persons not physically present with the device’s operator, but does not include any
global positioning system device installed in or on a vehicle.
An exception is provided for a person who uses a wireless telecommunications
device that allows the person to talk and listen without holding the device or any
handset or receiver and the person does not hold or touch the device or any handset
or receiver while driving the motor vehicle. This exception does not apply to a person
who holds a probationary license or an instruction permit and who is under 18 years
of age. Exceptions to the prohibition are also provided for use of a wireless
telecommunications device in response to an emergency or by an operator of an
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ASSEMBLY BILL 429
authorized emergency vehicle. A person found guilty of violating this provision may
be required to forfeit not less than $20 nor more than $400.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 346.89 (3) of the statutes is created to read:
346.89 (3) (a) In this subsection:
1. “Drive” has the meaning given in s. 343.305 (1) (b).
2. “Wireless telecommunications device” means any cellular telephone,
two−way radio or citizens band radio, personal digital assistant, or other device while
being used by the device’s operator to transmit verbal communications, electronic
mail, text messages, or any other electronic communication to one or more persons
not physically present with the device’s operator, but does not include any global
positioning system device installed in or on a vehicle.
(b) No person may drive a motor vehicle while using a wireless
telecommunications device unless any of the following applies:
1. The person is using a wireless telecommunications device that allows the
person to talk and listen without holding the device or any handset or receiver and
the person does not hold or touch the device or any handset or receiver while driving
the motor vehicle. This subdivision does not apply to a person who holds a
probationary license issued under s. 343.085 or an instruction permit issued under
s. 343.07 and who is under 18 years of age.
2. The person is using the wireless telecommunications device in response to
an emergency.
3. The person using the wireless telecommunications device is an operator of
an authorized emergency vehicle.
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ASSEMBLY BILL 429 SECTION 2
SECTION 2. 346.95 (2) of the statutes is amended to read:
346.95 (2) Any person violating s. 346.89 (1) or (3) or 346.94 (2), (4) or (7) may
be required to forfeit not less than $20 nor more than $400.
SECTION 3.0Effective date.
(1) This act takes effect on the first day of the 7th month beginning after
publication.
(END)
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Link to original PDF: http://www.legis.state.wi.us/2009/data/AB-429.pdf
Hashafisti Scratchi