From the ARRL Ohio Section State Government Liaison:
At long last, HB-283 has passed the Ohio Legislature and is waiting for Governor DeWine’s signature after morphing into SB-288. [Ed Note: The bill was signed into law in January and takes effect April 3, 2023]
You probable recall that we have been monitoring this legislation since it was introduced in May 2021. After its introduction, it was referred to the House Criminal Justice Committee where many proponents recommended its passing. Yet, it was never voted out of committee, and it appeared to be doomed, as were similar bills in prior sessions.
Characteristically, after the general election this past November, our Ohio legislators returned to Columbus for the so-called lame duck session. This is a very short session, between the elections and Christmas recess, where a lot gets done. Suddenly HB-283 was voted out of committee to the House floor where it passed the following day. It was sent to the Senate where it was inserted into SB-288, along with several other unrelated bills, resulting in a massive 1081-page tome that was passed in the Senate, returned to the House, where it also passed a few days ago and sent to Governor DeWine for his signature.
The thrust of the bill was to make texting while driving a primary offense. Up to now, you could not be stopped for texting while driving unless you committed another violation, such as going through a red light. The new bill allows law enforcement to cite you for texting while driving, resulting in a fine for the first offense, with increasing penalties for repeat offenders.
Of concern to Ohio hams, was the broad definition of what is now called an Electronic Wireless Communications Device (EWCD). I felt that our ham radios fit the definition of an EWCD and that just holding the microphone of your mobile rig could subject us to being ticketed while talking on our rigs.
The best way to avoid this contingency was to carve out an exception for our hobby. I requested your help in achieving this goal and was pleased to hear from several hams who knew their Ohio Senator or House Representative and were willing to speak to them about our concerns. On top of the list is Michael Kalter, W8CI, of Hamvention fame, who met with one of the bill’s sponsors, State Rep. Brian Lampton. Mike explained that without an exemption for amateur radio, our ability to assist in emergencies, would be hampered. He also gave data, some received from our Section Manager, Tom Sly, WB8LCD, about how amateur radio affects community safety.
The result is the following language in the bill: An “electronic wireless communication device” does not include a two-way radio transmitter or receiver used by a person who is licensed by the federal communications commission to participate in the amateur radio service.” (ORC 4511.204(H)(1)(f))
When the bill becomes law, you are protected by the above cited amateur radio exemption. I would recommend that you keep a copy of ORC 4511.204 handy, with the above italicized section highlighted, to show the peace officer if you do get stopped. But remember, when you go on the air from your mobile radio, pay attention to your driving, as we always do, and enjoy our great hobby!
Thanks to all of you who did contact your state legislators in support of an exemption for amateur radio. That includes Tim Price, K8WFL (SK), a Wickliffe ham, who was a professional lobbyist for the Brotherhood of Locomotive Engineers. Tim had volunteered to use his skills to achieve this favorable result for our hobby. Unfortunately, he passed away very quickly last May from a very aggressive form of cancer.
Robert M. Winston
Attorney at Law
4856 River Road
Perry, Ohio 44081-8616
216.771.3314
Email: [email protected]