On June 5, 2025 a new law goes into effect in Pennsylvania. Section 3316.1 of the Pennsylvania Vehicle Code prohibits using an “interactive mobile device while driving a motor vehicle”. Driving includes being temporarily stopped at a traffic light or stop sign. The law makes it clear that holding a device with your hand or another part of the body while driving constitutes ‘using’ the device. Hands free operation is permitted. Under the definitions of “Interactive Mobile Device” in Section 102 using an amateur radio would be a violation of Section 3316.1. However,
Section 102, Subsection (4) specifically exempts “a mobile or handheld radio being used by a person with an amateur radio station license issued by the Federal Communications Commission”. While amateur radio operators are exempted a police officer unfamiliar with amateur radio would rightly conclude that use of the radio violates the law and s/he should issue a citation. Amateur radio operators should carry a copy of their valid amateur radio license with them and can politely point out to the officer that amateur radio operators are exempt and show the officer the license.
The officer may not accept this and decide to issue the citation anyway. If s/he does issue a citation then you should follow the instructions on the citation to plead Not Guilty and have a Summary Trial. You will have a chance to present your evidence at the Trial. You can also find the exemption at:
https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=75&div=0&chapter=1
The new law can be found at:
https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=75&div=0&chapter=33
It may be worth printing a copy and carrying that in your vehicle.
This exemption does NOT permit amateur radio operators to operate their vehicles in an unsafe manner or violate any of the rules of the road. An operator who runs a red light or operates carelessly because they were using their radio could appropriately be cited for and found guilty of the violation.
“Be careful out there.” Esterhaus, Phil, Sgt.
UPDATE 29 May 2025 After monitoring some discussion about the law on a local repeater one of the participants stated that the amateur radio exemption was NOT in the signed version of the law. After checking with Representative Paul Takac’s office they provided me with a copy of the law as signed by Governor Shapiro in 2024. There is a one (1) year warning period built into the law starting on its effective date. 05 June 2025. Below is a link to a copy of the law provided by Representative Takac’s office.
Carmine W. Prestia, Jr., K3CWP