Wednesday, April 11, 2018

Text and Drive Attorney General Opinion

Two years ago, I submitted an amendment to the TEXTING Bill [Trooper
Nicholas Dees and Trooper Keith Burch Act of 2015].

Instead of filing it, my Representative sent it to the Oklahoma Attorney
General for an opinion.  

Here are the questions that my Rep presented to the AG …..

1.    Is a “ham radio” an “electronic commination device” as that term is
defined in 47 O.S.Supp.2017, § 11-901d(F)(3)?
2.    Is the use of a “ham radio” while operating a motor vehicle
prohibited by 47 O.S.Supp.2017, § 11-901d?

It is, therefore, the official Opinion of the Attorney General that:

1.    Under 47 O.S.Supp.2017, § 11-901d, only amateur radios that are
hand-held and capable of manually transmitting text-based messages qualify
as “electronic communication devices”
2.    Under 47 O.S.Supp.2017, § 11-901d, the only use of an amateur radio
that is prohibited is manually composing, sending, or reading a text-based
message while operating a moving motor vehicle.

Signed: Mike Hunter, Attorney General of Oklahoma

Looks to me that we are “exempt” from the texting bill, unless you can think
of a way from the above that we could violate it …… maybe with a hand-held
digital mode, but you need to be moving in a MVehicle?

And this is “law” unless overturned by a court decision.

I will have all of the many “what if and what for” Discussion available at
the ARRL booth – See you at Green Country!!!!!

Eddie Manley K5EMS

Oklahoma ARRL Government Liaison

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