After all the discussion about Senate Bill 37 many amateur radio operators contacted their senators and other legislative contacts about the effect this bill would have on mobile operation, especially for drills and training. Thank you to those who took the time. Several days ago Bob, KC3KVS did further research and found that the language of the bill is forced by federal requirements. Bob’s research is below.
AP-21 – Page 13, halfway down the left column – “Allowable Exceptions”
https://www.govinfo.gov/content/pkg/FR-2013-01-23/pdf/2013-00682.pdf
- Allowable Exceptions
MAP–21 specifies that a State statute may provide for the following exceptions and still meet the qualification requirements for a distracted driving grant:
- a driver who uses a personal wireless communications device to contact emergency services;
- emergency services personnel who use a personal wireless communications device while operating an emergency services vehicle and engaged in the performance of their duties as emergency services personnel;
- an individual employed as a commercial motor vehicle driver or a school bus driver who uses a personal wireless communications device within the scope of such individual’s employment if such use is permitted under the regulations promulgated pursuant to section 31136 of title 49. No other exceptions are permitted under MAP–21.
Accordingly, the IFR does not permit any other exceptions. (23 CFR 1200.24(c)(3))
MAP–21 as Amended Through P.L. 117-58, Enacted November 15, 2021. (Bottom of page 360)
https://www.govinfo.gov/content/pkg/COMPS-10008/pdf/COMPS-10008.pdf
‘‘(B) PERSONAL WIRELESS COMMUNICATIONS DEVICE.
The term ‘personal wireless communications device’
- means a device through which personal wireless services (as defined in section 332(c)(7)(C)(i) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are transmitted;
- does not include a global navigation satellite system receiver used for positioning, emergency notification, or navigation purposes.
Senate Bill 37 lists the following exceptions:
The term does not include any of the following:
(1) a device being used exclusively as a global positioning or navigation system;
(2) a [system or] device that is being used in a handsfree manner or with a hands-free accessory or system, including one that is physically or electronically integrated into the vehicle;
(3) a [communications] device that is affixed to a mass transit vehicle, bus or school bus[.];
(4) a mobile or handheld radio being used by a person with an amateur radio station license issued by the Federal Communications Commission;
(5) (4) a device being used exclusively for emergency notification purposes;
(6) (5) a device being used exclusively by an emergency service responder while operating an emergency vehicle and engaged in the performance of duties;
(7) (6) a device being used exclusively by a commercial driver who within the scope of the individual’s employment uses a device if the use is permitted under regulations promulgated under 49 U.S.C. § 31136 (relating to United States Government regulations).
The exceptions in the PA Senate Bill appear to closely match the three exceptions in the federal law (MAP-21) and the new exception for GPS navigation granted by the 2021 amendments.
The American Radio Relay League has been dealing with this for some time, you can find many articles about it on the ARRL’s website.
We can expect that the fight to clarify this will go on. What effect our letters and messages have on SB37 remains to be seen at this point. The Pennsylvania Legislature will go back into session on Monday, 29 April 2024.