ATV Florida Forum

Miami-Dade County has a new ordinance (effective August 1st) forbidding using a cellular phone without a hands-free device when the car is in motion. I have been told that the ticket for not using a hands-free costs $285.00, and it goes up to $570.00 if the offense is in a construction zone. Detail of new ordinance is below.

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Sec. 30-421 (3) (a). Use of cellular telephones while driving.

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(a)   No person shall use a cellular telephone while operating a motor vehicle on any public street or highway within Miami-Dade County while the motor vehicle is in motion, unless such cellular telephone is used with a hands-free device.

October 1st, is when it becomes in affect here in Highlands/Polk Counties. That's kind of steep, but if it saves lives...........

I've been waiting a long time for that! That is so awesome!

What???Where did you find this??? I live in Miami-Dade County and did not hear :dunno.gif of this.

If it saves lives great!

If it makes people shut the hell up and pay attention to their frickin surroundings and not wait 20 mins to cross an intersection cause they cant focus cause they are blah blah blah away on the frickin phone and traffic goes smoother and I can get home sooner after a long day of frickin work.  I will be happy  :Clap.gif

I work with local, state and Federal governments


Sorry ladies.........But the next thing should be address is the applying makeup in traffic! >:(

I guess business will be picking up for you Ricky

Website special Only! H500 Motorola bluetooth unit for $49.01

 ;)

I could be wrong on this and I'll try to see if I can find it again, but it seems to me that Florida Statutes prohibit passing a law restricting cellular use unless it is applied state wide.  Does that ring a bell with anybody else?  I remember something about it from several years ago when anti-cell laws were trying to be imposed by counties and municipalities.

LMAO

I've used an earpiece for 3 yrs now.  Now that I'm not holding the phone with one hand I can actually reply to texts and type on the laptop while driving with my knee. I love headsets, I get so much more done when I'm on the road. :D

Seriously though, I am SO much more aware of my surroundings since using an earpiece.

Tell me that you are not one of those retards that are constantly talking loud on that thingy while among us electronically challenged folks...

Okay, here it is, directly from the Florida Statutes:

316.0075  Operator use of commercial mobile radio services and electronic communications devices.--Regulation of operator or passenger use of commercial mobile radio services and other electronic communications devices in a motor vehicle is expressly preempted to the state.

History.--s. 2, ch. 2002-179.


What this says is that the State alone has authority to pass laws for the use of electronic communication devices by operators or passengers in a motor vehicle.  If Miami-Dade or Polk county has passed such ordinances, they violate this statute and are, therefore, null and void.  You might get a citation but in cannot be enforced and you will not be required to pay (although you may have to go to court to prove your position).

Nice try Bid D.... No increase in business for you.

http://www.nbc6.net/news/13882202/detail.html?subid=10101481

dang................Bart do you work for the FBI or what!

Hmmmmm,    Land of the free????     Lets skip to fifteen years from this new law where if any law enforcement officer sees a  person driving without both hands firmly on the wheel, you can get a ticket.  No more resting one arm on the console,  it's 10 and 2 or you get a $700 fine.  This law will be preceeded by the one that states you must be dressed with a collar shirt have your hair combed properly as to not distract the other drivers on the roadway.  Also, it will be against the law to go through any drive through with the intention of eating in the vehicle while it is moving.  That will be a big fine there I'm sure.   Then there will be the other law that will ban any and all music while driving.  That's right, no more car stereos.

Wow, I could see how all these really simple laws that although make some sense, sure will add up to make it feel like nobody is free any more.  Hmmmmmmmmm.

I'm just a rebel I guess.  ;)

No, not a rebel, just a dreamer. You made up a scenerio that is apples to oranges to this new law.  :D
As bad as it sounds, there are some people who need regulation or they cause harm to others. They may not mean it, but some people just do not think.

On the flip side, I am on that dang phone all day.  :P

I guess next we will ban McDriving.

they banned them in NY a long time ago. also in NY you can't drive a commercial vehicle on a parkway. for example the suncoast.  so what does my buddy do???????? gets pulled over (on long island) on the southern state parkway while driving a commercial truck (gmc 2500 with snow plow) in the left lane going 80 mph with no seat belt and talking on his cell phone!!!! ha ha ha. here's the kicker, the cop that pulled him over was friends with a cop my buddy knew and let him go!!! that happens alot in NY. ok i'm done.

I heard that about NY, I had to drive through the state with my last job and my boss told me to get a handsfree kit,,,,I told him I had no use for it and he told me about the law so I put it on an expense report ;-)

I did however just get a bluetooth headset for my new phone and I love it,,,it's freakin weird to not even take the phone out of the holster and hit a button on the side of my head to answer it.

Id@

LMAO, I just have to ask after seeing this:


E-Mail Rumor Says Cell Phone Hands-Free Device Is Law
UPDATED: 8:27 am EDT August 14, 2007


MIAMI -- A new e-mail was circulating Monday that sent some cell phone users and motorists into a panic.

Did the local, state or federal government get duped, or was it you personally? (http://www.floridaatv.com/smf/Smileys/Lots_O_Smileys/laughing7.gif)

slowing losing our freedoms one day at a time :'(

They can NEVER take away your freedom to be gullible!!! ;)

Ok, here want Sprint/Nextel send me.

http://www.municode.com/resources/gateway.asp?pid=10620&sid=9

keep hitting more till you get to section 30-421. here a copy of it.

Sec. 30-421. Use of cellular telephones while driving.
(1)   Scope of regulation; preemption of municipal regulation.  The provisions of this section shall apply in both the incorporated and unincorporated areas of Miami-Dade County, with the enforcement of this section in the unincorporated area being the responsibility of Miami-Dade County and in the incorporated area being the responsibility of the corresponding municipality. Municipal ordinances regulating the area covered by this section shall be preempted. 
(2)   Definitions.  For purposes of this section, the following definitions for terms used herein shall apply: 
(a)   Cellular telephone  means any device capable of sending or receiving voice telephone communications without an access line for service, including but not limited to analog, digital and wireless telephones. 
(b)   Use  means sending or receiving or attempting to send or receive a communication, listening, dialing, researching or talking on a cellular telephone. 
(c)   Hands-free device  means an internal device, attachment, add-on or addition to a cellular telephone or motor vehicle, whether or not permanently installed in the motor vehicle, that when used: 
(i)   Allows the operator of a motor vehicle to maintain both hands (or prosthetic device or aid in the case of a physically disabled person) on the applicable steering device; and
(ii)   Allows for surrounding sound to be heard by one or both ears.
(3)   Use of cellular telephones while driving without hands-free device prohibited; exception.   
(a)   No person shall use a cellular telephone while operating a motor vehicle on any public street or highway within Miami-Dade County while the motor vehicle is in motion, unless such cellular telephone is used with a hands-free device.
(b)   Notwithstanding, this section shall not prohibit use of a cellular telephone by:
(i)   Any law enforcement, public safety or police officers, emergency services officials, first aid, emergency medical technicians and personnel, or any fire safety officials in the performance of duties arising out of and in the course of their employment as such;
(ii)   A person who has reason to fear for his or her life or safety; or
(iii)   A person to report a fire, traffic accident where injuries are apparent, a serious road hazard, or to report a person who is driving in a reckless manner or who appears to be under the influence of alcohol or drugs.
(4)   Sale or rental of cellular telephones without written instructions on use while driving prohibited.  Any person who owns, conducts, operates or manages a retail establishment selling or renting cellular telephones shall provide written instructions to each purchaser or lessee of a cellular telephone about the safe use of a cellular telephone while driving, hands-free options that are available, and the applicability of this section. 
(5)   Vehicle rental without written instructions on use of cellular telephones while driving prohibited.  Any person who owns, conducts, operates or manages a retail establishment renting a vehicle shall provide written instructions to each lessee about the safe use of cellular telephones while driving, hands-free options that are available, and the applicability of this section. 
(6)   Penalty.  A violation of section 30-421 is a noncriminal traffic ordinance violation, punishable by a fine of two hundred and fifty dollars ($250.00) or successful completion of a driver improvement course. Notwithstanding, within the first thirty (30) days of the effective date of this section, only a verbal warning shall be given. 
(7)   Trust Fund.  There is hereby created the Miami-Dade County Cellular Telephone Trust Fund. Penalties received from violators of this section shall be placed in the trust fund. The Board of County Commissioners shall direct the expenditures of monies in the fund. Such expenditures shall be limited to expenses related to awareness of the dangers of cellular telephone use while driving.

I guest use have more gargage to chew now......... huh! 


Pop!.....  (the sound of Jack removing his foot out of his mouth)   ;) 

The part that just simply amazes the hell out me is the people who blindly give up their personal controls and freedoms to place it in the hands of the government thinking that the government is going to take care of them.  I am in complete disbelief as to how easily humans can be Herded like sheep or cattle.   It's such a double edge sword to give the government more power and control over our everyday lives.

I should be a mountain man hermit I guess.  I'l have a nice herd of humans in my coral that will cut my winter's wood supply. LOL

You know me, and you guest right.

Seriously buddy, I know you are a totally honest and above board business man, and I am not questioning your integrity, I am just explaining what this might look like.

IF Sprint/Nextel ACTUALLY sent you this unenforceable regulation in light of:

316.0075  Operator use of commercial mobile radio services and electronic communications devices.--Regulation of operator or passenger use of commercial mobile radio services and other electronic communications devices in a motor vehicle is expressly preempted to the state.

...as some sort of sales incentive or promotion idea, I have to say it smells like deceptive business practice and some sort of scare tactics. LMAO, who is the master of scare tactics round here...

You should really consider shooting them an email and tell them to stop promoting that pretty old regulation
because it can make the dealer look like they are trying something not entirely above board, and not the victim of a hoax email.

BTW: I might just have written that very email hoax. ;)

If you had me so clearly nailed at something like this, you would probably actually claim that!! haha

You would have got a lot more respect from me and everyone else if you manned up and admitted you fell for it, and apologised for posting this dumb thing in the first place. Now you leave me wondering if you thought everyone here was dumb, and you could get some sales out of this, or if you are just dumb enough to post a unsubstantiated spam...?

The only way out of this one for you I see now is a copy of the email, (and reply) you will be sending to corporate reaming them out for having a guy on a forum questioning you about this junk they sent. I suppose you could also delete the thread and I won't bring it up again, well sticking to this story or manning up are in there also..???


C-ya.

Jack, get off your soap box......

I posted this to help people and not to sell stuff on the site. Second Nextel sells very few phone that are bluetooth. third our business is more two way radios and internet base then selling cellular phone. So please move on and stop the personal attack on me!

Look whatever, I don't see any personal attack in there. You did help the site to get a laugh, so mission accomplished. (http://www.floridaatv.com/smf/Smileys/Lots_O_Smileys/icon_salut.gif)

JackL,

One more post in this thread and you are banned. Stop attacking other members.

Here's just one example of many in your posts.

"Now you leave me wondering if you thought everyone here was dumb, and you could get some sales out of this, or if you are just dumb enough to post a unsubstantiated spam...?"

no personal attack just facts.

by your own admission you posted false information as if it was a public service announcement to generate more business for yourself. Guess we should all be weary of who we believe and evaluate their motives before giving them any credit. I personally would have thought higher of you if you had just been duped as opposed to lying to us to sell you wares all in the name of profit.

you seriously think he did that to sell more crap on here? yall need to get a life. go ride or somethin. maybe go hug a tree. we dont need people that just want to argue and attack people all the time ridin.

You have to question Big-D's motives.  I proved it was bad information with my post regarding Florida Statute 316.0075.  Next, somebody posted a link to NBC6 - Miami where they also confirmed it was a hoax started from a computer at Miami-Dade government (lady says her computer was hacked - yeah, right).  Big-D then attempted to perpetuate the rumor by posting a purported email received from Sprint.  If there is any validity to the contents of the email, it is probably a draft of the proposed legislation that generated, and thus nullified by, F.S. 316.0075.  The evidence was already overwhelming that it was a hoax so for what purpose was his efforts?

Able, Cain or what even you call your self today.  If you think that I started this post to make a profit you,re so wrong it makes me laugh. Now what I,m I selling to make a profit?

Its the other way around, I have sold at no profit or giving stuff away just out of helping someone on this site. Can you say the same? Nope! You just come on here to start trouble or bash our member.

Thanks Fox, I'm glad someone has some common sense around here.

Digginfool, its a Local law not a state law. Just go to the link, section 30 hit more a couple of time till you get to 30-421. Or do you think the whole web site is a hoax?


Well off to the beach for a BBQ and a little swim.

Read F.S. 316.0075 again; the state has sole authority to pass such laws.  Local ordinances are specifically superceded.  I don't care if it's a Miami-Dade ordinance or not; it is un-enforceable and this has already been proven a hoax.  Why do you insist on claiming this is true?  Are you trying to save face or something?  In the same manner as the Miami-Dade ordinance preempts municipal ordinances covered by that section, F.S. 316.0075 preempts Sec. 30-421.  Yours is a moot argument.  Furthermore, you are specifically offering Bluetooth devices for sale while you perpetuate this proven hoax.  So, what are your motives?

hahahahaha.......the bluetooth devices post was me joking with scooter! man get a grip on life, it looks to me you're have a heart attack over this. Wait a minute..........  "Never argue with an idiot; they'll drag you down to their level and beat you with experience."    ;) 

I guess you're right.... You did manage to pull me down to your level!   :o  Thankfully, I don't have to worry about being stuck there with you.

has the thought ever crossed your mind that he got this email and just thought it was legit and wanted to help some people out? what if it was real and you hadnt known? youd have got a ticket if you were seen talkin on a phone. i guess you just dont understand trying to help a brother out. if i had got that email i wouldda posted it here for all to see too. mighta saved someone a ticket. or saved a life. think bout it.

Hi, Jack..........another screen name huh ;) 

PS: miami dade police dept just place an order on www.myradiomall.com for 1500 T305 bluetooth car kit.

oh, Did I tell you Jack that the WORLDS largest motorola store.

Thanks again Fox for the support...........off I go to do some night fishing.........nite nite 

Big-D, you really should stop.  M-D ordering Bluetooths is meaningless; Bluetooth technology is used for more than just cell phones.  Besides, read this from your posting:

(b)   Notwithstanding, this section shall not prohibit use of a cellular telephone by:
(i)   Any law enforcement, public safety or police officers, emergency services officials, first aid, emergency medical technicians and personnel, or any fire safety officials in the performance of duties arising out of and in the course of their employment as such

The ordinance doesn't apply to law enforcement personnel anyway.  What credence does their purchase give your argument?  Give it up, man.  It was a hoax!  No amount of banter from you will change the obvious.  Here's something else that should be obvious; I'm not Jack.  If I was, don't you think I would be buried in Paul's mudpit up at the MotorPlex after our 'little' go around a couple months ago?  No, I'm my own person and the people that have met me know who I am, which is more than you can say.

meaningless?  1500 units! dang that paid the gas bill on the boat for this weekend. Look when I get back, I'll pm you and we can meet somewhere and have a beer or lunch.  ;)

Hey, Big-D!  Is that your rig pictured in your sig?  Nice set up.  I've got a 2001 Superduty with an 8" lift and 37" ProComp Extreme AT.  My family and I love the outdoors.  We go 4-wheeling, fishing, camping every chance we get.  If you live in the South Florida area, maybe we can get together sometime.  My kids are 11 (girl), 9 (boy) and 3 (girl).  We live in Coral Springs.  PM me if you would like to get together to ride the quads or hit some trails in the trucks.  I also own land in Suburban Estates and getting ready to buy in River Ranch.

I can vouch for Diggin.......he's a real human

He brought the dump truck to the last Holey Lands Cleanup  :Clap.gif

Cool!  Thanks Scooter

You got a PM....... ;)

 :-*

We will lose our rights to bare arms any day now, first its cell phones, then its guns, then we will only be allowed to enjoy recreation, on certain days of the week, then Hilary we be elected, then its all over.

pretty much.

can u put your phone and speaker phone and use it that way so u dont have to look gay with that thing in your ear???    and i think it is stupied idea the hati people and the cubens and all the others that cant speak english that dont drive they way they should are a bigger problem that talking ona phone. (everyone who thinks they can get on me    no that is not a racist comment numbers show hati people and aliens have the highst number of accidents)   they beat out the old people by like 20 %