On January 1, 2017, a revised version of California Vehicle Code Section 23123.5 went into effect. This change required that wireless telephones and electronic wireless communication devices had to be mounted to the dashboard or center console, AND be operated with a single swipe or tap of the driver's finger.
As written, the language could have resulted in a citation for using a HAM/CB/GMRS radio while driving. This was a significant change from the prior version of the law. Previously, these types of radio operations were exempted.
Naturally, this caused a great deal of concern amongst the various radio communities. A flurry of communications with legislators resulted, revealing that the elimination of the exemption was accidental and unintended. The authoring legislator's office agreed to put this information into the legislative intent notes and work on having the legislation modified to again include the exemption. Progress indeed, but this still left radio operators potentially exposed to getting a ticket for using their radio.
Now for the good news.
On March 28, the CHP issued a statewide directive (copy below) that specifies that use of radios with a wired microphone do not fall under this law and is not subject to enforcement. The directive does not apply to local police or sheriffs, but tactfully providing some education via a copy of the directive would probably go a long way towards avoiding an opportunity to discuss the violation in traffic court.
73 and Safe Travels
~Bill/N6SGT
Below is the "cut and paste" of the CHP directive.
Enforcement of Section 23123.5 of the California Vehicle Code Hands Free Law
-----Original Message-----
From: Comm-Net Message [mailto:noreply@chp.ca.gov]
Sent: Tuesday, March 28, 2017 8:23 AM
To: @CHP
Subject: Comm-Net: Enforcement of Section 23123.5 of the California Vehicle Code
Enforcement of Section 23123.5 of the California Vehicle Code
To: All Commands
Reference: Action Required
Subject: Enforcement of Section 23123.5 of the California Vehicle Code
Effective January 1, 2017, Section 23123.5 of the California Vehicle Code (CVC) was amended by Assembly Bill 1785, which substantially expanded the scope of Section 23123.5 CVC, from simply prohibiting the use of a wireless phone to text while driving, to prohibiting holding and operating a handheld wireless telephone or an electronic wireless communications device while driving.
However, a driver may still use a handheld wireless telephone or an electronic wireless communication device while driving when:
The handheld wireless communication device is mounted to a windshield (in compliance with Section 26708 CVC), dashboard, or center console in a manner which does not interfere with the drivers view of the road, and;
The drivers hand is used to activate or deactivate a feature with a single tap or swipe of the drivers finger.
Pursuant to Section 23123.5(f) CVC, the definition of an electronic wireless communications device includes, but is not limited to: a broadband personal communication device, a specialized mobile radio device, a handheld device or laptop computer with mobile data access, a pager, or a two-way messaging device.
Section 23123.5 CVC does not apply to manufacturer-installed systems which are embedded in the vehicle, nor does it apply to an emergency services professional using a wireless telephone while operating an authorized
Emergency vehicle, in the course and scope of employment.
For the purposes of Section 23123.5(f) CVC, a radio installed and mounted in a vehicle with a wired hand microphone (e.g., business band or citizen band [CB]radio) is not considered a wireless communication device, nor is it considered a specialized mobile radio device, and therefore is not subject to enforcement under this section.
This information will be added to an upcoming revision to Highway Patrol Manual 100.68, Traffic Enforcement Policy Manual, Chapter 5, Other Enforcement Issues.
CHP Headquarters/Office of the Commissioner/061/18227
As written, the language could have resulted in a citation for using a HAM/CB/GMRS radio while driving. This was a significant change from the prior version of the law. Previously, these types of radio operations were exempted.
Naturally, this caused a great deal of concern amongst the various radio communities. A flurry of communications with legislators resulted, revealing that the elimination of the exemption was accidental and unintended. The authoring legislator's office agreed to put this information into the legislative intent notes and work on having the legislation modified to again include the exemption. Progress indeed, but this still left radio operators potentially exposed to getting a ticket for using their radio.
Now for the good news.
On March 28, the CHP issued a statewide directive (copy below) that specifies that use of radios with a wired microphone do not fall under this law and is not subject to enforcement. The directive does not apply to local police or sheriffs, but tactfully providing some education via a copy of the directive would probably go a long way towards avoiding an opportunity to discuss the violation in traffic court.
73 and Safe Travels
~Bill/N6SGT
Below is the "cut and paste" of the CHP directive.
Enforcement of Section 23123.5 of the California Vehicle Code Hands Free Law
-----Original Message-----
From: Comm-Net Message [mailto:noreply@chp.ca.gov]
Sent: Tuesday, March 28, 2017 8:23 AM
To: @CHP
Subject: Comm-Net: Enforcement of Section 23123.5 of the California Vehicle Code
Enforcement of Section 23123.5 of the California Vehicle Code
To: All Commands
Reference: Action Required
Subject: Enforcement of Section 23123.5 of the California Vehicle Code
Effective January 1, 2017, Section 23123.5 of the California Vehicle Code (CVC) was amended by Assembly Bill 1785, which substantially expanded the scope of Section 23123.5 CVC, from simply prohibiting the use of a wireless phone to text while driving, to prohibiting holding and operating a handheld wireless telephone or an electronic wireless communications device while driving.
However, a driver may still use a handheld wireless telephone or an electronic wireless communication device while driving when:
The handheld wireless communication device is mounted to a windshield (in compliance with Section 26708 CVC), dashboard, or center console in a manner which does not interfere with the drivers view of the road, and;
The drivers hand is used to activate or deactivate a feature with a single tap or swipe of the drivers finger.
Pursuant to Section 23123.5(f) CVC, the definition of an electronic wireless communications device includes, but is not limited to: a broadband personal communication device, a specialized mobile radio device, a handheld device or laptop computer with mobile data access, a pager, or a two-way messaging device.
Section 23123.5 CVC does not apply to manufacturer-installed systems which are embedded in the vehicle, nor does it apply to an emergency services professional using a wireless telephone while operating an authorized
Emergency vehicle, in the course and scope of employment.
For the purposes of Section 23123.5(f) CVC, a radio installed and mounted in a vehicle with a wired hand microphone (e.g., business band or citizen band [CB]radio) is not considered a wireless communication device, nor is it considered a specialized mobile radio device, and therefore is not subject to enforcement under this section.
This information will be added to an upcoming revision to Highway Patrol Manual 100.68, Traffic Enforcement Policy Manual, Chapter 5, Other Enforcement Issues.
CHP Headquarters/Office of the Commissioner/061/18227
