Re: Note to Drivers: Lose the Phone (and Lipstick)

M>

>> Those pulled over for speeding or other moving violations can >> be fined $100 for any behavior that distracts them from driving -- >> glancing at a newspaper, typing on a BlackBerry, applying lipstick >> while looking in the rearview mirror or turning to yell at the kids in >> the back seat. > > So I guess that means no more talking on the ham radio while driving > as well. Or would being licensed by the FCC preclude state or local > laws?

Being licensed by the FCC does trump any lower-level government attempt to regulate the Federally regulated activity.

HOWEVER, the state law does not regulate use of amateur radio. it regulates _driving_an_automobile_. It says that you cannot drive while you are doing certain other things. You are penalized for driving while doing that 'other thing', not for doing that 'other thing "while driving". It is a subtle distinction, no doubt, but that is the way the law works.

Reply to
Robert Bonomi
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