No CB talking permitted

Discussion in 'CB Radio Forum' started by dougs5300, Sep 17, 2013.

  1. mike5511

    mike5511 Road Train Member

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    It is a growing trend. How do you really prove inattention? Just because you were talking on any device does not mean you were inattentive. Hopefully I will be able to completely retire in a few years. Big Brother is becoming oppressive! What we really need to do is fix the tort law so the "slip and fall" lawyers can't sue so easily. Liability claims are what is driving all these new rules. Corse some of the truck drivers they are turning loose behind the wheel these days don't help things either.
     
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  3. Gadfly

    Gadfly Medium Load Member

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    I'm no lawyer. but I believe your truckers' associations should take this one on WRT CB radios. You see, CB radios are licensed by the Federal Government. Part 95 of CFR 47 stipulates what one may do with a CB radio, NOT Delaware. Yes, CB radio is STILL "licensed" despite the lack of a paper document. States may NOT overstep the Federal authority except where specifically permitted, nor enact rules that exceed the FCC's rules. Therefore, by decreeing that one may NOT talk on a CB radio in Delaware, they have overstepped the bounds of their authority. Traditionally, FCC has allowed, even encouraged the use of CB radio as a safety tool and an emergency communications device. Its precedence goes back to the 1950's. I believe all it would take is, either a militant trucker/CBer OR the trucker's organizations, to take on the State of Delaware and hand their A S S E S back to them on a platter!

    You'll notice that, at first, Delaware was going to ban Amateur Radio--also a licensed service---until it WAS pointed out to them that such an action would result in an immediate lawsuit in Federal Court!:biggrin_2559: Delaware backed down. LIkewise this was tried in other states and cities WRT Amateur Radio. In every case, the state, city, or county was forced to back down! Why? Because two way radio is under the sole control of the Federal Government!!!!! Ham radio is "licensed". Commercial two way radio is "licensed". CB radio is "licensed"! And it should get the same pass as ham radio (and I think it will IF somebody pushes it). Delaware is BLUFFING and counting on the ignorance of the people not to challenge them!:biggrin_25524:

    How can they ban cellphones? Because the users of cellphones are contract users, and are regarded as consumers of an appliance like a telephone. It is the cell SERVERS that hold any licenses, and the rules are different. Go get Delaware!!!!!:biggrin_25523:

    GF
     
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  4. Ridgeline

    Ridgeline Road Train Member

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    Well there is a problem with that idea because of the issue that access to cell services to allow calling 911 from a phone which is working but not contracted to a carrier may make this issue moot because you don't have to be a subscriber to call 9/11.

    Also while I'm thinking about it there is also a problem with this on the issue of subscribed trunk radios where the radio service is leased by a license holder as a service. This happens with things like some private companies and courier services, making the same situation as cell phones.

    What really gets me about the issue of texting is all of these companies with the support of banning texting while driving and having PSAs and bill boards is the fact that the FCC can just change the rule and ban texting altogether to prevent any accidents.
     
  5. Gadfly

    Gadfly Medium Load Member

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    But the key issue is the licensing authority of two way radio lies solely with the FCC. A cellphone goes under different rules than two way radio. States can NOT "ban" their use because the terms of the license is governed by the rules under which that service operates. FCC would have to change the rules of each service in order to cause such a ban. Such a ban does not exist under current Federal law. Again, this is why, in every case, when a city, county, or state tried to "regulate" Amateur Radio they found they could NOT do it and backed off when such was pointed out to them. Delaware needs an activist, someone with an "attitude", to challenge their radio rules!:biggrin_2559::biggrin_25523:
     
  6. Mad Dog 20/20

    Mad Dog 20/20 Heavy Load Member

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    Sounds like a job for CW Morse.:biggrin_25525:
     
  7. Gadfly

    Gadfly Medium Load Member

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    ??????????????:biggrin_2558:
     
  8. ghz24

    ghz24 Bobtail Member

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    If you cant talk then just listen. Disable the push to talk button on an old mic Usually you will get the warning or info you want without asking for it.
    Better yet if its talking that's prohibited not transmitting get a couple programmable roger beep toys. Maybe one female saying "thanks driver, sorry my #$@*&! company forbids me to talk on the radio so she talks for me." and another of Robbie the robot (lost in space) saying "Danger Danger Will Robinson"

    Or you could organize and strike.

    It is all the insurance companies fault they are totally out of control and have bought the politicians.
    You can bet now that they are responsible for your heath they will be after fat, salt, sugar, soda, red meat and any other thing that gives flavor to life.
    Don't get confused they will not stop at any thing less than elimination of what is most dangerous to their business , your freedom

    I don't even agree with the cell phone ban. People should learn their own limits and judge the driving conditions to decide if they need to pull over or not talk or if it's safe to talk.(or get a bite of sandwich, a drink, snag a chip or adjust the FM radio station) And phone etiquette should be altered to where people who you are talking to expect that you may be to busy to answer this second and not be mad if you miss something they say.
    That is the way cb etiquette is now.
    You can't fix stupid with laws.
     
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  9. SlowPoke44magnum

    SlowPoke44magnum Medium Load Member

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    I'm just hiring on with a compressed gases company to haul CO2 and had to sign the same form, does Kenan own your company too? So far we only have the Iteris cameras that only face out, so far.
     
  10. dougs5300

    dougs5300 Bobtail Member

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    Thanks for all the replies. Im gonna have to just put up with it. Three years to retire and get big brother off my back. I cant wait.
     
    windsmith Thanks this.
  11. Big_m

    Big_m Heavy Load Member

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    GF this became law 3 years ago. One way a round it is to get a Amateur radio license. Then show it and tell the officer that you were talking on a Ham band.
     
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