[bars] [Part-L] MA handsfree law proposal does not exclude ham radio

[Tim Miranda]

Thanks.

I've reached out to the state government liasob for EMARES.

Here's the info I got from a state senator on the bill:

"Here's what you need to know about the new cell phone law.

The new hands-free rules will take effect in late February 2020, but
violations will be handled with warnings through March 31, 2020.

Under the new law, you basically cannot touch their cell phone while
driving, except in true emergency. You can touch it once to activate hands
free mode. You cannot look at material on your phone, except at navigation
maps, but then only on a mounted phone without touching it. You can hold
and touch your phone if you are fully off the public travel path.

The law will mean behavior changes for most of us, but I believe that most
of us are ready to make the changes. It is time we all start driving more
safely by renouncing cell phone contact.

Here are the exact new rules specified in Section 9 of the bill:

    No operator of a motor vehicle shall hold a mobile electronic device.
    No operator of a motor vehicle shall use a mobile electronic device
unless the device is being  used in hands-free mode.
    No operator of a motor vehicle shall read or view text, images or video
displayed on a mobile electronic device; provided, however, that an
operator may view a map generated by a navigation system or application on
a mobile electronic device that is mounted on or affixed to a vehicle’s
windshield, dashboard or center console in a manner that does not impede
the operation of the motor vehicle.
    For the purposes of this section, an operator shall not be considered
to be operating a motor vehicle if the vehicle is stationary and not
located in a part of the public way intended for travel by a motor vehicle
or bicycle.

Hands-free mode is defined in Section 1 of the bill as “operation of a
mobile electronic device by which a user engages in a voice communication
or receives audio without touching or holding the device; provided,
however, that a mobile electronic device may require a single tap or swipe
to activate, deactivate or initiate the hands-free mode feature.”

The new rules apply to all mobile electronic devices, including not only to
phones, but also to laptops, personal digital assistants, pagers, etc.

The emergency exceptions are narrowly drawn and include only use to report
that

    the vehicle was disabled;
    medical attention or assistance was required;
    police intervention, fire department or other emergency services were
necessary for the personal safety of the operator or  a passenger or to
otherwise ensure the safety of the public; or
    a disabled vehicle or an accident was present on a roadway.

First violations draw a $100 fine; second, $250; third or subsequent, $500.
Second and subsequent offenders will have to attend a distracted driving
education program. First and second violations, whether by adults or by
junior operators, will not affect insurance, but a third offense will be a
“surchargeable incident” which will raise insurance rates for the driver.
Special limitations and penalties apply to school bus drivers and transit
operators.

There has been broad consensus in the legislature for some time about these
new rules. Our existing laws against distraction through mobile devices
were unenforceable and all of us recognize the dangers of cell phone use.

What held up final approval of the bill for several months were concerns
that the new rules would be used in a discriminatory way against people of
color. To address these concerns, the bill strengthens data collection
requirements. Records of motor vehicle citations will be collected by the
secretary of public safety and security and analyzed by a qualified
institution (selected by the secretary). The results of the analysis will
be published and if a policy agency appears to be engaging in racial
profiling, the agency will need to collect additional data and to have its
officers undergo bias training.

Additionally, the secretary will release aggregate numbers in machine
readable format. I understand the term “aggregate numbers” to include
detailed cross-tabulations that can be the basis of independent analysis as
to each law enforcement agency.

The disclosure and analysis of bias-related data will evolve over time in
response to public comment and to support that evolution, the secretary is
required to conduct public hearings annually. The secretary is also
required to make initial improvement suggestions by April 1, 2020."

- Tim Miranda (WhatsApp & Signal: 1-978-331-0930)

On Mon, Nov 18, 2019, 10:34 PM Gary Frascarelli <gary at garyfrascarelli.com>
wrote:

> This same thing happened in both CT and NY and required “tweaking” of the
> law shortly after it was passed in those states.  It also technically
> forbade First Responders from using their radios while mobile.
>
>
>
> Gary Frascarelli, Landscape Artist – Chelmsford, MA/Apopka, FL
>
> garyfrascarelli.com
>
>
>
>
>
> *From:* Part-L <part-l-bounces at lists.wb1gof.org> *On Behalf Of *Tim
> Miranda
> *Sent:* Monday, November 18, 2019 9:08 PM
> *To:* PART Mailing List <part-l at lists.wb1gof.org>
> *Subject:* [Part-L] MA handsfree law proposal does not exclude ham radio
>
>
>
> Hi,
>
>
>
> I've been reading about the proposed hands free law that could go into
> effect next year if passed, and as written, has no provision for ham radio
> as far as I can tell, so we would be subject to the same penalties for
> using a handheld held microphone as a driver using a handheld phone.
>
>
>
> I confirmed this with one of the senators involved in the language.
>
>
>
> Is there a best practice way for us to rally calls and letters to our
> state reps and state senators for this kind of thing?
>
>
>
> Tim KC1AJJ
>
> - Tim Miranda (WhatsApp & Signal: 1-978-331-0930)
>
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