‰  NOW 40 WPM  ‰  TEXT IS FROM NOVEMBER 2012 QST  PAGE 82‰

I AM A LAWYER, LICENSED IN ILLINOIS, AND AN ARRL VOLUNTEER COUNSEL.  THIS
ARTICLE IS NOT INTENDED TO GIVE SPECIFIC LEGAL ADVICE BECAUSE THE LAWS OF
THE READERS JURISDICTION WILL GOVERN.  I DO NOT PRACTICE PERSONAL INJURY
LAW, EITHER ON THE PLAINTIFF OR DEFENSE SIDES.  OTHER LAWYERS IN MY FIRM DO
PRACTICE PERSONAL INJURY LAW AND LOBBY FOR THE INSURANCE INDUSTRY.
HOWEVER, I AM NOT AFFILIATED WITH ANY MANUFACTURERS OR VENDORS OF MOBILE
RADIO EQUIPMENT AND DO NOT REPRESENT ANY

COMMUNICATIONS PRESENT A DISTINCTLY DIFFERENT LEVEL OF RISK IS A SOUND ONE,
IT DOES NOT NEGATE THE EXISTENCE OF RISK, NOR DOES IT EQUATE WITH DRIVING
WITHOUT THE DISTRACTION.  WHETHER OR NOT THERE IS A BAN, THE INDIVIDUAL
AMATEUR NEEDS TO DETERMINE WHETHER HE OR SHE WOULD BE WILLING TO FACE
FAMILY, FRIENDS AND COMMUNITY AFTER A COLLISION.  HAMS NEED TO CONSIDER
THAT A JURY OF 12 PEOPLE OFF THE STREET WILL DECIDE WHETHER THEIR MOBILE
OPERATING WAS SUFFICIENTLY NEGLIGENT TO CONTRIBUTE TO THE ACCIDENT.  DID
THE USE OF THE RADIO INVOLVE A LEVEL OF NEGLIGENCE THAT WILL PERMIT THAT
JURY TO AWARD SIGNIFICANT DAMAGES TO SOMEONE WHO WAS INJURED OR TO THE
FAMILY OF SOMEONE WHO WAS KILLED?  GIVEN OUR NUMBERS, IT WILL BE A RARE
JURY THAT INCLUDES A LICENSED AMATEUR, SOMEONE WHO KNOWS AN AMATEUR OR WHO
HAS SUFFICIENT FAMILIARITY WITH AMATEUR RADIO TO UNDERSTAND THE ARGUMENTS
AND DISTINCTIONS OR EVEN CARE ABOUT THEM.  IN MOST INSTANCES WHEN THERE ARE
INJURIES IN TRAFFIC ACCIDENTS, THE ACCUSED PARTY WILL BE REPRESENTED BY
LAWYERS SELECTED BY HIS OR HER INSURANCE COMPANY.  FEW OF THOSE LAWYERS
WILL UNDERSTAND AMATEUR RADIO.  WILL THEY BE ABLE TO CONVINCE A JURY THAT
APART BY OTHERS, WHICH MAY INCLUDE 12 OF YOUR NEIGHBORS SITTING TOGETHER IN
A COURTROOM.  RISKY BEHAVIOR WE HAVE ALL SEEN SERIOUSLY DISTRACTED DRIVING
THE PERSON AT THE WHEEL OF AN SUV WITH A CELL PHONE CLAMPED BETWEEN HIS OR
HER SHOULDER AND CHEEK, YAKKING AWAY, A CIGARETTE IN ONE HAND ON THE
STEERING WHEEL AND A MUG OF COFFEE IN THE OTHER.  WE KNOW THAT ISNT WHAT WE
DO, BUT SOMEONE COULD BE INJURED OR KILLED AND WE COULD STILL END UP IN
FRONT OF A JURY IF A FOOT SLIPS OFF THE BRAKE AT A STOPLIGHT WHILE WERE
TRYING TO SET THE TONES FOR THE NEARBY REPEATER.  THE LEVEL OF RISK
INVOLVED IN THE USE OF AMATEUR TRANSMITTING EQUIPMENT IN A MOTOR VEHICLE
MAY VARY DEPENDING UPON MANY FACTORS.  THE SKILL OF THE OPERATOR, THE TYPE
OF EQUIPMENT AND MODE BEING USED AND HOW IT IS INSTALLED CAN ALL CONTRIBUTE
TO AN ACCIDENT.  THE TYPE OF VEHICLE AND ROADWAY, AND TRAFFIC CONDITIONS
ALL HAVE A BEARING ON THE LEVEL OF RISK.  IT CERTAINLY WONT BE ZERO RISK.
UNLIKE LAW ENFORCEMENT OFFICERS, OUR TRAINING DOES NOT INCLUDE ANY SPECIFIC
MEASURES ADDRESSING THE SAFE USE OF TWO WAY COMMUNICATION EQUIPMENT WHILE
IN MOTION.  OUR LICENSING EXAM QUESTION POOLS DO NOT ADDRESS THIS ISSUE.
YET, THOSE ARE QUESTIONS THAT CAN EASILY BE EXPECTED FROM AN INJURED
PLAINTIFFS LAWYER WHEN AN ACCIDENT HAS OCCURRED IN WHICH AN AMATEUR WAS
OPERATING WHILE DRIVING.  EVEN IF THE ARGUMENT THAT OUR SIMPLEX
‰  END OF 40 WPM TEXT  ‰  QST DE W1AW  ƒ