Could HB 1360 Ban Those Under 18 Driving in NH from Changing The Radio Station? - Granite Grok

Could HB 1360 Ban Those Under 18 Driving in NH from Changing The Radio Station?

Car Radio - HB 1360 might ban changing the station
Don’t Touch That ‘Dial!”

The NH HB1360 ban, also known as the “none of us are competent enough do things in our vehicle bill,”is heading to Governor Nanny Hassan’s desk.   It will very likely become law, after which, based on the insanity of the language in this bill, no driver under 18 will be permitted to turn a radio on or off, or change the station, without risk of being pulled over and receive a fine, unless they first park, stop and turn off the vehicle.  (It could be interpreted that way.)

IV. No person less than 18 years of age shall use a cellular or mobile telephone or other mobile electronic device, whether hands-free or not, while driving a motor vehicle in motion or temporarily stopped in traffic upon any way, except to report an emergency to the enhanced 911 system or any public safety agency. A person violating this paragraph shall be subject to the fines in paragraph III and license suspension or revocation under RSA 263:14, III.

While a number of devices are mentioned, and hand-held is specified, mobile is not.  But everything in a car is mobile.  There are also a number of electronic devices, none of them hands free, including the ignition system, lights, and the entertainment system.  (Isn’t language fun?!)

It would be interesting to see how that might (could, will) be interpreted under any given set of circumstances by officers who might be looking for an excuse to pull over a kid in their car.

While there are allowances for “adults’ with regard to electronic devices none of them apply to drivers under 18.

II. It shall not be an offense under this section for any person driving a motor vehicle upon a way:

(a) To make use of a cellular telephone or other electronic device capable of voice communication to report an emergency to the enhanced 911 system or directly to a law enforcement agency, fire department, or emergency medical provider.

(b) To use one hand to transmit or receive messages on any non-cellular 2-way radio.

(c) To use a Bluetooth enabled or other hands-free electronic device, or a similar device that is physically or electronically integrated into a motor vehicle, for such a purpose to send or receive information provided the driver does not have to divert his or her attention from the road ahead. As used in this section, “hands-free electronic device” means a mobile electronic device that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile electronic device, by which a user engages in conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand merely to activate, deactivate, or initiate a function of the telephone.

Emphasis mine.

While these exceptions do not apply to drivers under 18, the part I bolded applies to everyone, and in my mind is sinfully subjective. Radios receive information in the form of data that is translated into news, music, and so on, so technically, anyone could get pulled over under this bill if law enforcement decided that you had diverted your eyes in violation of the statute.

Annoying but true.

HB 1360 may also be prejudiced against electronic devices where any number of other tasks not prohibited could or will divert the drivers attention from the road ahead but are not considered as equally dangerous or, more to the point, measures of how ridiculous are the bills language and limitations.

Eating, smoking, adjusting the temperature, talking–where you may divert your attention to a passenger siting next to you, not to mention looking out the side or rear of the vehicle for any purpose other than looking at ‘road.’  A shoulder check can take longer than looking at the radio to press a button, where your eyes are diverted from the road ahead, and yet pressing a button on your dash for the radio, GPS, could get you pulled over.

Will it?  That’s not the point.  The point is that it could, making it subjective as so many others will not (cannot all) be stopped for similar behavior.

And all this silliness does not even address the fact that this bill will do nothing to improve anything its supporters insist it will address.  It will piss people off.  It will create law-breakers out of folks who do what they used to do without issue.  And it will force the police to take action where not is most likely needed at increased expense to taxpayers, and tie ups in traffic for commuters and motorists who have to slow down or go around the evil perp who looked like they were violating HB 1360.

One more point in closing, from section 1 (a) – (Emphasis mine.)

An operator of a motor vehicle who holds a cellular telephone or other electronic device capable of voice communication in the immediate proximity of his or her ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section.

Immediate proximity of his or her ear?  What the hell is that, exactly?

Is there any language, other than the amount of the fine, that makes any damn sense in this bill?

 

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