Public Safety and Security Committee

JOINT FAVORABLE REPORT

SPONSORS OF BILL:

Public Safety and Security Committee

REASONS FOR BILL:

To remedy an inconsistent enforcement issue by exempting amateur radio operators from the prohibition on using hand-held mobile phones or electronic devices while driving.

RESPONSE FROM ADMINISTRATION/AGENCY:

None stated.

NATURE AND SOURCES OF SUPPORT:

E. Jonathan Hardy testified in support of this bill. This would prevent the possibility of an infraction for the use of an amateur radio by clarifying the difference between amateur radio and cell phone use while operating a motor vehicle. He stated that since amateur radio operators provide an invaluable service to their community in a myriad of important roles, such as contacting the National Weather Service and communicating information to hospitals on the states behalf, two-way radio operators do not belong in the same category as cell phones. Unlike telephone conversations, radio operators can only talk or listen at any given time and spend 99% of their time listening; they only communicate pertinent information. He recommended clarification of the language that exempts amateur radio and not just the type of radio being used.

John M. West testified in support of the bill stating that once the cell phone and distracted driving bill was enacted, amateur radio operators were put into a gray area of the law. Even though HAM operators have always been afforded the right of mobile operation (in accordance with the rights and privileges of the license they hold), they may still receive infractions during usage when the radio is confused with a cell phone by law enforcement officials. He stated that this bill will help to clarify the divide that exists within Connecticut's law enforcement community. He also suggested using state issued license plates that signify HAM operators to allow proper use and identification of radio operators whether via hand-held radio or fixed mobile installation. This technical change will increase enforcement uniformity and allow proper legal operation of HAM radios.

George Lillenstein testified in support of this bill but would like to see it amended to include all types of HAM radios, not just hand-held radios. The current language would not cover the most popular type of mobile two-way radio, which can be mounted in the vehicle in a variety of places including the dashboard and even in the trunk of the car. Some of these radios use a hand-held accessory that acts as a microphone, speaker, or switch for the radio and can easily be mistaken for a cell phone by a trooper. Although he is in support of this bill, he is asking for it be amended and broadened by excluding the phrase “hand-held.”

Kevin Holian-Borgnis testified in support of this bill. He stated that as a member of the Ellington Community Emergency Response Team helping at the Emergency Operations Center (EOC) during Hurricane Irene, he came across several downed power lines; he technically could have been fined for the use of his HAM radio while driving, even though he was contacting the EOC as part of his duties as a member of the response team.

NATURE AND SOURCES OF OPPOSITION:

None stated.