Sunnyvale Dave

The way I read California's new distracted driving law is that all hand held devices are banned and that devices have to be mounted to the dash or windshield and activated with a tap or swipe of the finger.

Many Corvette cruises use FRS or CBs for communication among drivers. Does anyone know if hands free law applies to these devices? If so, what are you using?

Sunnyvale Dave

Here is the link to the bill.

http://leginfo.legislature.ca.gov/fa...01520160AB1785

I called the CHP. The officer told me the law applied to FRS and CBs. Someone else told me the law didn't apply to CBs. Apparently ham radio operators are confused by this bill as well.

Shark Racer

(I am not a lawyer...)

It sounds to me like you can use an FRS or CB... as long as they're mounted to the windshield. You probably aren't allowed to change stations, but you could push the button to talk.

*sigh*

Boomer111

I would think that a CB would be ok still, just guessing here.

The trucking lobby is strong and CB's in many instances are critical to the flow of material by truck, depending on the material being transported.

Plus the radio can keep drivers more alert for road conditions.

I know back before they added a center divider on hwy 17 over the Santa Cruz grade the cb was a huge influence in truck accident reduction numbers.

It was at one time one of the deadliest roads in the US.

Very windy 4 lane road, total in both directions, with a surprise at every turn.

Boomer111

Commercial drivers, for the most part, can multi task fairly well.

After all with a little experience the hours add up behind the well.

In my case think 12 hours a day driving for 35 years. And 90% in heavy Bay Area traffic, not the open road stuff.

In general the driving public are horrible drivers, really do not have a clue of what is around them or what they are causing by being none intuitive.

I hesitate to say this but driving is almost automatic for me. The thing is so many hours of understanding and identifying traffic conditions lead to a safer driving practice without even thinking about it.

And yes I understand the pitfall of complacence. But I just have too many hours behind the wheeln with a great view.

Moto One

How do I attach my steering wheel (it is a hand held device?) to the windshield? Or can I just steer with my knees?

Mark

Nokones

Yes, the Trucking Associations are very strong in lobbying the legislatures and do influence how the trucking industry is viewed especially in California.

However, the CB radio is very seldom used by the truckers anymore. A majority of the truckers no longer have a CB radio in their trucks. California is one of the states that truckers very seldom ever use a CB and it is also very sparse in other states. The mid-west there is some CB radio chatter definitely not like it used to be.

If the truckers do "have their ears on" they won't respond back to a shout out or a breaker. This has been my experience travelling across the country this past summer and up and down California the past several years.

Nokones

California Vehicle Section 23123.5 states that two-way radios (CBs & FRS) are defined as a electronic wireless communications device and cannot be used while driving on a public highway. Section 23123.5(c)(2) CVC states that the wireless telephone and electronic wireless communications devices must be operated by a swipe or a tap. Holding a FRS radio and pushing a button is not a swipe or a tap. By statute, holding a CB Radio microphone also is not being operated by a swipe or a tap.

Now, if the original intent of this statute was to include the FRS and CB radios, that is not known since, I do not know what was said during the hearings when the bill was being heard in the various committees and what was written during the bill analysis phase.

Also, it is unknown how the Courts' view will be on the use of the FRS and CB radios if someone was cited and be before them in a trial.

Also, it is unknown how law enforcement will view the use of the FRS and CB radios in regards to the new statute.

Nokones

Mark, that is why Google is testing autonomous cars for handsfree driving so you won't have to use your knees.

I hear they will be testing autonomous motorcycles next and have you be in charge of that project. Are you going to go for it?

Sunnyvale Dave

Here is the response from the Sunnyvale Department of Public Safety:

Thank you for contacting your Department of Public Safety regarding clarification of AB 1785. The way the law is written it only applies to wireless devices. If your CB/FRS radios are hardwired and/or connected to the vehicle the law would not apply. Thank you again and happy road tripping.

Thank you,
S. McCulloch #11680
408-730-7110
smcculloch@sunnyvale.ca.gov
Public Safety Answer Point
Department of Public Safety
pubsfty@sunnyvale.ca.gov

Nokones

This is in response to the statement "if the CB/FRS radios are hardwired and/or connected to the vehicle the law would not apply."

Sorry, that statement is a "Less than Accurate" statement. The statute states "electronic wireless communications devices" and that means all two-way radios. By hard wiring your radio communications device to the vehicle's power source does not change the fact that the two-way radio communication device is now a non-wireless communication device.

By definition, any communication device that transports the information, regardless if voice or data, over a medium such as, a radio frequency over-the-air, is a wireless communications device. The definition of a electronic wireless communications devices is defined by how the information is transported not how the communications device is connected to a power source.

Pursuant to the statute, operating a FRS and/or CB radios on a public highway is a violation of 23123.5 CVC.

Shark Racer

Yeah,the interpretation would mean I'm good-to-go with a cell phone as long as I solder the charge wires to the motherboard and quasipermanently affix it to the car.

LS WON

Back in the early 70's before CB radio craze hit (23 channels only) and after 1975 ( 40 channels) when CB radio got real popular, we never had any problems like people have with cellphones of today.
I have found cellphone devices more distracting to use in vehicle compared to a CB radio.

The ratio of people using cellphones driving today is much higher than CB radio usage back in the day so now it has become a major problem with more people driving and all have cellphones.

Boomer111

You are probably correct. Not answering back cause you are not their language.

I still run a CB but admittedly not on the air much. Only when I see an old trucker buddy.

In my line of commercial driving the CB was needed for communication with loader operators and the scale house in sand and rock quarries.

Very true that on the open road it is all but dead.

Still if you turn to CH 6 when the skip is rolling you will hear a lot of skip. The citizen radio band still lives.

Boomer111

You are spot on and it isn't even close.

The talking on the cell isn't the worst part of the abuse it is the reading and texting!

I had no problem shifting and 18 speed while climbing a grade and carry on a conversation on the CB. Might even have a sandwich in my hand too....BUT my eyes are on the road!!

2k Cobra

I have Vox controlled GMRS radios which allow "hands free" control. Are these considered illegal as well??

TrackAire

Exactly....I almost never see people driving and holding a cell to their ear, but I see tons of them reading trying to text while driving, sitting at green lights not going, trying to read texts while drifting into my lane, etc.

The newer Iphone type screens have made this even more dangerous in my opinion since you have to look at the phone to text. The older flip phones and non lcd type screens that had buttons could be done by feel. My daughter could have a full blown conversation with me while texting messages and never looking at her phone.

UR LZN

This is all fine-n-dandy regarding cell phones and texting.,...this is the real reason for the bill...BUT, what about the car?? Have you seen what engineers are put in them lately? Too many touch screens, buttons, sliders, and displays to read for EVERYTHING! Take an old Ford or Chevy, and you could operate the car blindfold (meant: without looking for the control)! Change the heat, turn on wipers, push-button for the second favorite radio station 'cause the first just started a commercial...etc! AND there is no standard for the location or operation of common controls...compare any two cars and the wipers are different (one it up, the other is down). Lights...one is twist away, the other is pull toward. How may folks do you see driving with high-beams on? Geez, what's that blue light for...it's nice! All this and we expect the 'common' person to understand it all...Not! and they wonder why accident rate is up...(rant done!)

Boomer111

Just why I bought the Base vette. I did not what extra gadgets.

Really did not want power window's even, although it is nice not having to deal with a crank window handle with my leg.

Just more stuff that might be problematic.

bassman50

Using VOX controlled radios (Ham included) would not be a violation of the new "hands-free" law if the radios truly did not require you to hold them in any way.

Steve