The updates to Alberta Regulation 113/2011 have now been published.

You will notice that section 5 (the expiry date) has been removed.

Might be a good idea to keep a copy of this in your car (along with a copy of your radio certificate)

On 01/06/2016 5:28 PM, Ernest Clintberg wrote:

For Your Information

Alberta’s Distracted Driving Regulation and Amateur Radio Exemption Continues - June 2016

Today, June 1, 2016, as a result of Mitch Mitchel’s (VE6OH) inquiries, we have learned the following answer out of Alberta Traffic Safety - which is good news. An official in Alberta Government Traffic Safety wrote:

"In response to your request I am pleased to provide the following information.

Please be advised that a Ministerial Order pertaining to the Distracted Driving Regulation has been signed and filed. The Ministerial Order addressed the expiry date, of June 1, 2016, in the regulation, as such, the regulation will continue to be in effect past June 1, 2016.  However, given the timing, this amendment will not be published in the next issue of the Alberta Gazette, but is expected to be published in a subsequent issue."

Ernest Clintberg (VE6EC), Regional Director spoke to the official in Traffic Safety, and it appears that going forward, the need to review regulation every five years has been removed by this government. Ham operators, Clintberg was told, are effected positively in a way that leaves them with the exemption when driving as it stood, In the midst of this, Clintberg had drafted a letter to the Minister of Transportation supporting the exemption, but he has not yet send this because of this recent information.

Communication with the MLA’s office in Clintberg's provincial government constituency has been happening over the last three weeks, and it was thought the issue of support for the exemption under Distracted Driving regulation was going nowhere. However, earlier in the week when Clintberg talked to the MLA’s assistant, there was an inference from the assistant that something was happening but would not clearly say anything other than to indicate that it might be good for hams. Clintberg is meeting his local MLA to follow up on this matter on Friday and he is also considering a written response to the Minister of Transport about the continuation of this exemption with assurance of the Minister’s ongoing support.

73,

Ernest Clintberg VE6EC

Regional Director AB NWT NU

I wrote the Minister transportation.minister@gov.ab.ca and my MLA on the 21 of Feb and simply asked about the expiry of AR 113/2011 and Amateur Radio. I also mentioned many of the benefits of Amateur Radio to the citizens of Alberta, and specifically mentioned the floods and Charity organizations.

I just got back the following reply on March 22, 2016

Thank you for your email to the Honourable Brian Mason, Minister of Transportation, regarding distracted driving and amateur radio operators. As Assistant to the Minister, I am pleased to provide the following information.

There are no proposed amendments to the CB Radio exception within the Regulation. While this exception may go under consideration at a later date, changes to the Regulation are made when they are deemed to be the most beneficial to Albertans.

Our government understands distracted driving is a serious issue, and research shows a combination of public education, well-designed legislation, and strong enforcement is the key to reducing incidents of distracted driving. The Distracted Driving Regulation’s June 1, 2016 expiry date is necessary for the purpose of ensuring this Regulation is reviewed for ongoing relevancy and necessity. At the time of expiry and following a comprehensive review, the Regulation will either be passed again in its present form or amended. The expiry date will then be extended, so the Regulation continues to exist and remains in force.

More information on Alberta’s Distracted Driving Regulation can be found at www.transportation.alberta.ca/distracteddriving.htm.

Thank you again for taking the time to write.

Jill Wright

Ministerial Assistant

Alberta Transportation

Don't think she read my email. CB Radio, I am not sure how to take that?

Might be time for all of us to start writing and promote the benefits.

John Fallows wrote:

Many regulations contain "sunset clauses" and the Distracted Driving Regulation is no different. It expires June 1st, 2016 unless renewed and may be amended.

Alberta's ham radio clubs should keep an eye on any proposed changes to the Regulation over the next year just in case.

Stephane, thank you for this.  It's good to know that the Traffic Safety Act (PDF here) does not explicitly state that we are exempt (which may explain why some Peace Officers/City Police/RCMP may think we are not exempt) but instead states that the Minister has the ability to make regulations in which to exempt us, and since has in "ALBERTA REGULATION 113/2011", downloadable in PDF format here: http://www.qp.alberta.ca/documents/Regs/2011_113.pdf

That said, if any of us are pulled over and cited for a distracted driving infraction, the best thing to do would be calm, polite and courteous with a "yes officer, thank you officer" then take your ticket to court, along with printed copies of the PDFs linked above and with a copy of your Amateur Radio Operator Certificate in hand and have your case stayed.

Yes, it's inconvenient, but trying to fight a citation road-side will most likely not work in your favour.

NB - It may also be a good idea to consult with Tim Ellam VE6SH (per Larry VE6KC's recommendation at the last DX club meeting) if you do get a ticket for distracted driving while operating a HAM radio and you're not sure what to do.