Again as I stated last night at the meeting according to para 13 it states
"while holding or using a two way radio" and I would argue the case that
holding a two way radio as defined by the legislation leaves it open to
interpretation as I have seen mobile radios that I would not want to "hold" up
in one hand. I'm sure if I went to court and showed up with my handhelds and
one of the larger mobiles and held them up as per the "while holding or using a
two way radio" statement, the Judge would probably rule in favour of the
handheld being significantly less "distracting".
A second point is that I have a couple of "handheld" radios that are just as
small or smaller than my mobile's microphone and are less "distracting" to use
as there is no cord to get caught up in the steering wheel, gear shift lever.
In any case the advisors, legislators and the courts will have to define and
write the Regulation in clearly understood terms where there is no gray areas,
such as the above statements and current Regulation.
IMHO
73
Chip, VA3KGB
----------------------------------------
From: "Greg Foster" <greg.foster@xxxxxxxxxxxx>
Sent: Tuesday, December 6, 2016 9:06 PM
To: ve3kgc@xxxxxxxxx, karc@xxxxxxxxxxxxx
Subject: [karc] Re: Ontario Regulation 366/09: DISPLAY SCREENS AND HAND-HELD
DEVICES
Here is the information on the issue brought up this evening and why I
believe Amateurs are not exempt for hand-helds. You may disagree with me and
thats OK
Item 1 is the exemption copied for the Highway Traffic Act specifically for
Armature Radio and it refers specifically to a two-way radio. Item 2 is from
the definitions section and defines a portable or hand-held unit and
item 3 defines a two-way radio consisting of a main receiver unit and a
separate hand held microphone. The Act clearly differentiates between hand
held and two-way radios, for instance law enforcement are exempt for the
use of hand-held devices.
1. Time-limited exemption for amateur radio operators
13. (1) Drivers who hold a valid radio operator certificate issued under the
Radiocommunication Act (Canada) may drive a motor vehicle on a highway while
holding or using a two-way radio. O. Reg. 366/09, s. 13 (1), O. Reg.
253/12, s. 3 (1)
2 hand microphone or portable radio means a wireless
communication device, consisting of a hand-held unit that is both receiver
and microphone, that is operated by a push-to-talk function on a set
frequency and that allows for voice communication but not for the
transmission and receipt of voice communication at the same time;
(microphone à main ou radio portative)
3 two-way radio means a wireless communication device,
consisting of a main receiver unit and a separate hand-held microphone, that
is operated by a push-to-talk function on a set frequency and that allows
for voice communication but not for the transmission and receipt of voice
communication at the same time. (radio bidirectionnelle) O. Reg. 366/09,
s. 1.
Greg Foster
VE3PJ
H 613-386-5965
C 416-592-0990
-----Original Message-----
From: karc-bounce@xxxxxxxxxxxxx [mailto:karc-bounce@xxxxxxxxxxxxx] On Behalf
Of Larissa Reise
Sent: Tuesday, December 06, 2016 7:23 PM
To: karc@xxxxxxxxxxxxx
Subject: [karc] Ontario Regulation 366/09: DISPLAY SCREENS AND HAND-HELD
DEVICES
<https://www.ontario.ca/laws/regulation/090366>
https://www.ontario.ca/laws/regulation/090366
The definition of "two-way radio" is the one that specifically applies to
ham radio operators (see section 13 (1)). As brought up in the meeting, HTs
(Baofeng et al) are not specifically referenced other than showing up in the
definitions section.
73,
Larissa VE3KGC
