CB (or private land mobile) Radio Restrictions with New CA Phone Law

Discussion in 'Trucking Industry Regulations' started by CurtisSAC, Feb 6, 2017.

  1. CurtisSAC

    CurtisSAC Bobtail Member

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    Feb 6, 2017
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    This looked like a good place for this question. Has anyone run into trouble using a hand held microphone with a CB radio (or if you use a "company radio" in the private land mobile radio service) in light of California's new no hand-held cell phone law.

    I work for a utility company. Not all of us are CDL holders, but most of drive what are legally considered commercial vehicles. Our company legal folks have interpreted the new law to mean that we can no longer use our company two-way radios while driving. While the news refers to the new law and closing the loophole on "smart phones," the way the new law is written (23123.5 CVC) it is understandable that cautious lawyers would say it applies ANY hand held device used for communication while driving. Of course emergency responders are exempt.

    If their interpretation is correct, this has to affect anyone that uses what many would call conventional two-way radio. I was thinking, the trucking industry would be running into trouble already if this was a real issue.

    Any experience with issue? Anyone heard a real authoritative interpretation? CHP policy?
     
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  3. Diesel Dave

    Diesel Dave Last Few of the OUTLAWS

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    This has been discuss on a different thread. This is a catch 22. But the one of the members from that thread called CHP, and was told that the law was NOT meant for C.B. users. But it depends on the officer.
     
  4. CurtisSAC

    CurtisSAC Bobtail Member

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    Feb 6, 2017
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    That's all I have heard - The intent of the law is unclear on this, and the enforecment is left to individual officers, making it a lousy law. And if you read 23123.5, you have to understand why our lawyers think the way they do about it.

    Appreciate the feedback.
     
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