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  • dirtfarmer
    Junior Member
    • May 2009
    • 27

    23123 a vc

    got a cellphone ticket today. Not a big deal, but the way I read vc. I should be exempt. Driving k3500 flatbed truck with gross vehicle weight 12,000# unladen weight of 9000 lbs. exemption under subparagraph (a) does not apply to pickups as defined in section 471( a pickup truck is a motor truck with manufacturer's GVW rating of less than 11,500 lbs, an unladen weight of less of 8001 lbs. ) Should i go see Judge or just pay up, and move on ?
  • #2
    FLIGHT762
    Veteran Member
    • Mar 2009
    • 3072

    If you were driving a motor truck as defined by sec.410 or a truck tractor as defined by sec.655 and you have a commercial class A or class B AND you were talking with a Nextel type Walkie talkie phone with the phone not being put up to your ear, you are exempt.

    If you are driving a heavier than pickup vehicle, but not required to be licensed (class A or B)other than a class C, you are not exempt.

    That is the way I read the exemptions.

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    • #3
      dirtfarmer
      Junior Member
      • May 2009
      • 27

      thank you ....

      Comment

      • #4
        michelim21
        Junior Member
        • Jul 2009
        • 51

        Originally posted by FLIGHT762
        If you were driving a motor truck as defined by sec.410 or a truck tractor as defined by sec.655 and you have a commercial class A or class B AND you were talking with a Nextel type Walkie talkie phone with the phone not being put up to your ear, you are exempt.

        If you are driving a heavier than pickup vehicle, but not required to be licensed (class A or B)other than a class C, you are not exempt.

        That is the way I read the exemptions.
        How about a "Youth Bus" van where we are required to have a class B license and using the Nextel walkie talkie?
        Future Soldier of the U.S. Army
        20100614 Shipdate Ft. Benning, GA 11x

        Comment

        • #5
          bshnt2015
          Member
          • Apr 2009
          • 215

          According to my CHP friend only exemption is LEO, "hand held device" are not allowed and will be cited. Be safe.

          "This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity."

          "This section does not apply to a person when using a digital two-way radio that utilizes a wireless telephone that operates by depressing a push-to-talk feature and does not require immediate proximity to the ear of the user, and the person is driving one of the following vehicles"
          Last edited by bshnt2015; 10-03-2009, 6:27 PM.

          Comment

          • #6
            FLIGHT762
            Veteran Member
            • Mar 2009
            • 3072

            Originally posted by bshnt2015
            According to my CHP friend only exemption is LEO, "hand held device" are not allowed and will be cited. Be safe.

            Hand-Held Wireless Telephone: Prohibited Use

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