Mpp Letter

   

October 8th, 2009 W. Brian Dixon 580 Danforth Road Scarborough, Ontario M1K 1E3

Mr. Lorenzo Berardinetti MPP, Scarborough Southwest Unit 403 B 3090 Kingston Road Scarborough, Ontario M1M 1P2 Dear Mr. Berardinetti: I am writing you today to ask for your assistance. I am a resident in your riding. I have been a licensed amateur radio operator since I was 15 years old in 1960. I have worked in and around broadcasting and electronics ever since. I have worked as a news reporter and on-air personality. I have worked as a Communication Officer in two Ontario Ministries, The Ministry of Community and Social Services and the Ministry of Health. I have taught courses in the physics of acoustics at Cambrian College in Sudbury, Ontario. I was, for 10 years, Chief Engineer for CILQ-FM (Q107) here in Toronto. I now own and operate Dixon System Inc. We manufacture broadcast equipment that is sold around the world. I hope you’ll agree I know something about ‘communications’. My concern is in regard to Bill 118, the Distracted Driving Law. I think we all agree that distracted driving is a problem and the Government of Ontario is to be congratulated on its attempt to reduce accidents and fatalities. However, there is one particular regulation that is of concern to me and many other amateur radio operators. It will also affect many others who use commercial two way radios in vehicles. The regulation I refer to is the one that will only permit the use of ‘hand microphones’ for another three years. After that, ‘hands free’ will be the rule. This particular regulation is flawed and may actually be more dangerous. It is also not within the jurisdiction of the Provincial Government. All matters concerning two way radios are regulated by the Spectrum Management Branch of Industry Canada, part of the Federal Government of Canada. The law is quite clear. The “definition of terms” in the Radio Communications Act is very clear. 1

From the Radio Communications Act: 1993, c. 40, s. 23 "radio apparatus" *appareil radio+ ""radio apparatus" means a device or combination of devices intended for, or capable of being used for, radiocommunication;" 1989, c. 17, s. 3 "radio authorization" *autorisation de radiocommunication+ "radio authorization" means a licence, certificate or authorization issued by the Minister under paragraph 5(1)(a); "radio station" or "station" *station...+... "radio station" or "station" means a place in which radio apparatus is located; certificate" *certificat d'opérateur radio+ "radio operator certificate" means a certificate issued by the Minister under subparagraph 5(1)(a)(iii);

I am licensed by the Federal Government to operate a fixed land station, a land mobile station, an aeronautical mobile station and a marine mobile station. I hold two classes of radio operator certificates. One is my amateur certificate (Advanced) and the other for radio use in aircraft. I’m also a licensed private pilot. As you can see from the definition of “radio apparatus” a microphone is clearly part of the ‘apparatus’. It is the Federal Government that regulates what equipment I may use, the frequencies on which I may operate and the power level permitted, not the Provincial Government. Manitoba seems to have recognized this fact. Radio amateur there have an exemption and amendment that specifically excludes all two-way radio use from Bill 5 of the Highway Traffic Act in Manitoba. The exemption reads that the bill does not apply to radio apparatus operated under the authority of a radio operator certificate issued under the Radio Communications Act. This exemption insures that amateur radio operators in Manitoba will continue to provide important public service communications while driving a vehicle within the Province. It’s my understanding that similar exemptions apply in other provinces as well.

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Aside from the jurisdictional issue there are several other reasons this regulation is, in a word, dumb. Hand held microphones as used by police, fire, ambulance, AND amateurs are ‘close talking microphones’ also known as ‘noise cancelling microphones’. They’re called that for a reason. In a vehicle traveling on the road, background noise will be as loud as the person speaking if the microphone is not very close to the speaker’s mouth. That’s why we use the microphones we do. You can write legislation but you can’t change the laws of physics. Most of the time, in a mobile amateur installation, the hand microphone is hung up on its hook on the dash, or it sits in the lap of the operator. You don’t hold the silly thing all the time! You pick it up, press a button you don’t have to look for, speak (usually for a brief time if moving), release the button and drop it back into your lap. That’s the way most hams do it. It’s the way it was designed to be used. I know the intent is to keep ‘both hands on the wheel’. However, many vehicles, especially trucks have standard transmissions. You have to take one hand off the wheel to change gears. Using a ‘hand mic’ is much the same. I would think that those driving around with a cup of steaming hot Tim Horton’s coffee in hand are more dangerous! Studies show that using a cell phone while driving increases the risk of accident by four times. I can’t understand anyone who ‘texts’ while driving. There should be a ‘stupid law’ to cover that one. The ‘hands free’ answer doesn’t quite measure up either. Many will resort to those things you stick in your ear. It is ‘hands free’ and I expect ‘legal’. However, you now have someone who’s half deaf. What you may not realize is that the brain determines direction by comparing what is heard in each ear. Amplitude and phase relationships tell you where a sound is…or is coming from. A person with a ‘hands free’ device stuck in one ear may not hear that police siren coming up behind them or be confused about where it is, just long enough to be a problem. I wouldn’t wear one. I wouldn’t operate Morse code while driving either but there’s nothing in Bill 118 that would prevent me from doing so. And looking at a GPS device takes your eyes off the road. There are just too many things that can distract drivers to identify them all. I suspect that listening to a heated discussion on the radio that you’re interested in could be ‘distracting’. There are not too many male drivers who have not been distracted by a pretty girl on the sidewalk. When I was married, my wife could be very distracting and not in a pleasant way. Any time I get in my car to drive, my attitude is that someone out there is going to try to kill me if I don’t pay attention. The real experts, those of us who actually use and know this equipment, agree that it’s not what’s in your hand that’s dangerous… it’s what’s on your mind. You have to pay attention to the road first. Keeping your eyes on the road is what’s important. 3

In the United States, amateur radio operators are represented by The American Radio Relay League. From the ARRL web site: ARRL President Joel Harrison, W5ZN, wrote a letter to National Safety Coucil (NSC) President Janet Froetscher in July expressing the ARRL's concerns that Amateur Radio not become an unintended victim of the growing public debate over what to do about distracted drivers. Froetscher has now replied, saying the NSC does not support bans or prohibitions on the use of Amateur Radios while driving. Noting that there is significant evidence that talking on cell phones while driving poses crash risk four times that of other drivers, Froetscher observed that the NSC position calling for bans on the use of cell phones while driving is grounded in science. "We are not aware of evidence that using Amateur Radios while driving has significant crash risks," Froetscher wrote in her August 24 letter. "We also have no evidence that using two-way radios while driving poses significant crash risks. Until such time as compelling, peer-reviewed scientific research is presented that denotes significant risks associated with the use of Amateur Radios, two-way radios or other communication devices, the NSC does not support legislative bans or prohibition on their use." Also: ARRL Chief Executive Officer David Sumner, K1ZZ, said the ARRL "appreciates NSC President and CEO Janet Froetscher's clear statement that the NSC does not support legislative bans or prohibitions on the use of Amateur Radio while driving. We applaud the NSC for taking positions that are grounded in science. At the same time, all radio amateurs should heed her call to concentrate fully on driving while behind the wheel. It is possible to operate a motor vehicle safely while using Amateur Radio, but if it becomes a distraction we owe it those with whom we share the road, as well as to our passengers, to put safety first." If you wish, you may read more on the ARRL web site: www.arrl.org. In Canada, amateur radio operators are represented by Radio Amateurs of Canada. (RAC). As I understand it, after more than six months of discussions, the Ministry of Transportation in Ontario refuses to listen. With the current economy, the last thing commercial users of taxis, tow trucks or transport trucks need is more expense. I’m sure they have their own spokesperson. Most of time people don’t think much about ‘ham radio operators’ except they know we step in when there’s an emergency. I have personally handled ‘traffic’ or a message from South America where there was a medical emergency. My only role was to contact another amateur who relayed the message on. I don’t even know what the outcome was. But we’re there and we help when we can. 4

Many amateur radio clubs and individuals have, on their own time and at their own expense, built a network of VHF and UHF repeaters and links that are ‘world class’. The emergency communication skill of amateurs is well documented. The public service record of ‘hams’ is outstanding. You may not be aware of ARES Ontario. ARES is the Amateur Radio Emergency Service. ARES is composed of licensed radio amateurs who have voluntarily registered their qualifications and equipment for communications duty in the public service, when disaster strikes. I am registered with ARES. I would suggest you could speak with Minister Rick Bartolucci who, as you know, is responsible for Emergency Management Ontario. You’ll find amateur radio equipment at most EMO sites. In the United States yesterday, Senator Joe Lieberman introduced Bill 1755, The Amateur Radio Emergency Communications Enhancement Act of 2009. Again, in part from the ARRL web site: On Tuesday, October 6, Senator Joe Lieberman (ID-CT), along with Senator Susan Collins (R-ME), introduced Senate Bill 1755S, The Amateur Radio Emergency Communications Enhancement Act of 2009. Similar to HR 2160 -- also called The Amateur Radio Emergency Communications Enhancement Act of 2009 -- that was introduced this past April by Representative Sheila Jackson-Lee (D-TX-18), the bill, if passed, would direct the Department of Homeland Security (DHS) to undertake a study on emergency communications. S 1755 points out that "There is a strong Federal interest in the effective performance of Amateur Radio Service stations, and that performance must be given -- (A) support at all levels of government; and (B) protection against unreasonable regulation and impediments to the provision of the valuable communications provided by such stations." It would be nice if the Ontario Government had the same attitude. If we are not allowed to use our radios in the manner for which they were designed, what incentive is there for amateurs to continue to invest hundreds and sometimes thousands of dollars in a mobile installation? In yesterday’s Auditor General’s report the Government of Ontario was criticized for ‘not following the rules.’ I would suggest the Ministry of Transport under Minister Jim Bradley is trying to do that again. There’s nothing in Mr. Bradley’s biography to suggest he knows very much about two way radios. The decision may have been left to subordinates upon whom he erroneously relied. The Auditor also suggested that officials ‘knew or should have known’ about an issue. Minister Bradley’s bureaucrats were told about the federal Radio Communications Act but have chosen to ignore it. I’m forwarding a copy of this letter to Industry Minister Tony Clement.

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I’m looking for real answers from you…not some Communications Branch. What scientific evidence did Ontario find that the US National Safety Council couldn’t find? If hand microphones are so dangerous, why would the Province allow police, fire and ambulance personnel, who are no longer even tested by Industry Canada, to use them? Are their lives worth less than ours? And why does Ontario think it now has the authority to dictate what kind of ‘radio apparatus’ I can use? I’ve printed out and included some of the comments made by other Ontario radio amateurs on the RAC blog. There have been postings from the US as well. As you can see, they are not a happy bunch. I’m 63 now, and have been a licensed ‘ham’ for almost five decades. When I was 15, I built a mobile radio for my dad’s car and used it from the time I was 16 and earned my driver’s license. In all this time I’ve never even heard of an accident caused by a ‘microphone’! There are only about 5000 or so licensed amateur radio operators in Ontario. I doubt very much that we are the major factor in distracted driving. Ontario must make an amendment. Your assistance in making this happen will be much appreciated.

Sincerely,

W. Brian Dixon VE3BHD

c.c. The Honourable Tony Clemet Michelle Simpson, MP Mr. Peter Xiarchos Radio Amateurs of Canada ARRL

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1. Rob Says: October 2, 2009 at 4:36 pm | Reply

How can a 3 year grace period be applied when C118 does NOT apply to twoway radios in the first place? My two-way radio, as is, is not capable of telephone communication, text messages or any other data transmission.

1. John J. Riddell VE3AMZ Says: September 30, 2009 at 11:15 pm | Reply

What a shame that the Radio We need to work to get these guys party that will show I’ve been operating mobile since (1958) John Waterloo Ont.

Amateurs are not exempted totally ! out of the legislature and put in another some concern for Amateurs. 1960, and been licenced for 51 years VE3AMZ

1. Bill Ford (really!) Says: October 1, 2009 at 1:10 am | Reply

I was just thinking that the Liberals can’t get any more stupid than increasing taxes (GST and PST harmonization), and all the farting around that they’re doing on a wide range of issues. Then I read that we’re exempt for 3 more years and that’s it. What a stupid bunch of morons. Vote Conservative? Get real. The idiot who is in charge of the Tories is a protege of Mike Harris perhaps the all time moron in Canadian politics. I’d vote NDP but as most people are still whining over Bob Rae (and he’s no longer a member of the NDP but a sitting Liberal MP) they won’t get elected. So for me, this is the straw that broke the camel’s back. I want to use my HF, 2m and CB radios in my van. As nobody is willing to make a hands free radio I guess I’ll go back to knitting while driving the 400. Thanks McGinty and my Liberal MPP cabinet minister. No more!!! And take that bigger moron Harper with you.

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1. Keith Baker Says: October 1, 2009 at 12:30 pm | Reply

Somebody (else) needs to now get tough and tell our dear Ministry of Transportation people that they are screwing around with FEDERAL law as we are all FEDERALLY licensed under the Communications Act. I tried to do so in numerous written letters to the Minister. Lawmakers in Manitoba “got” that message loud an clear, but apparently our collective attempts to reason with our own Ministry here in Ontario fell on deaf, bureaucratic ears. The truth is that there is not a SHRED of evidence…NONE…that handling a microphone in a moving vehicle is any more dangerous than handling a cup of coffee. Maybe banning that activity, too, will be next. However, one thing is for sure. If this nonsense stands, my own radios are coming OUT of my vehicles and they can kiss my participation in ARES and CANWARN goodbye. Keith VA3KSF Corunna, ON

Baker

1. Buzz Says: October 6, 2009 at 6:08 pm | Reply

It is unfortunate that lawmakers in Ontario do not recognize the importance of Amateur Radio in this Bill. To specifically include Amateur Radio is both narrow sighted and will impact services offered to citizens in time of crisis. What will it take? A disaster to show that Amateur Radio is an emergency service “when all else fails”.

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