By Bob Wilson, W3BIG, EPA Section Manager
New Pennsylvania legislation banning most hand-held electronic device use while driving will take effect June 5, 2025. The final Senate action, SB 37, also known as Paul Miller’s Law, was signed into law by Governor Josh Shapiro. The legislation is aimed at improving driving safety by reducing distracted driving. A ban on reading, writing or sending text messages while driving has been on the books in Pennsylvania since 2012. Cell phone bans while driving have already been enacted in 38 other states.
For amateur radio operators there is a critically important part of the new legislation defining wireless devices banned from use while driving. The definition of a prohibited device does not include:
- (1) a device being used exclusively as global positioning or navigation system;
- (2) a system or device that is being used in a hands-free manner or with a hands-free accessory or system, including one that is physically or electronically integrated into the vehicle;
- (3) a communication device that is affixed to a mass transit vehicle, bus or school bus;
- (4) a mobile or handheld radio being used by a person with an amateur radio station license issued by the Federal Communications Commission;
- (5) a device being used exclusively for emergency notification purposes;
- (6) a device being used exclusively by an emergency service responder while engaged in the performance of duties;
- (7) a device being used exclusively by a commercial driver within the scope of the individual’s employment
The original legislation had been floating around for a few years and our ARRL Atlantic Division Director, Bob Famiglio-K3RF, who also serves as a volunteer counsel for the ARRL, had worked diligently to include an exemption for amateur radio operators and first responders in the legislation. The bill languished in the PA House for some time before being brought up in late 2024 for a vote. At that time, a few legislators unwittingly stripped the amateur radio exemption from the bill and it passed the House. This would have been a great inconvenience for Pennsylvania hams and first responders.
When Director Famiglio discovered the absence of the amateur radio exemption in Senate Bill No. 37 he jumped into action and worked tirelessly contacting legislators to educate them on the importance of both amateur radio and first responder exemptions from the ban. He reworked the wording in the definition of wireless devices that were prohibited to exclude devices used by FCC-licensed amateur radio operators and first responders. These changes were worked into the final version of SB 37 that was signed by Governor Shapiro.
While the intention of SB 37, Paul Miller’s Law, is to promote driving safety by reducing distracted driving, the exclusion of amateur radio devices used by licensed hams is an important feature of this legislation. We owe a huge debt of gratitude to Atlantic Division Director Bob Famiglio-K3RF for working long hours to ensure our mobile operations were not caught up in what could have been an overreaching and unfortunate piece of legislation adversely affecting amateur radio operators.
It’s also important to continue to operate your vehicle in a safe manner and avoid using your cell phone in an irresponsible manner. When using your amateur radio equipment while driving you should continue to practice safety and keep your mind and eyes on the road.