Another driver ticketed for Routing on Laptop

[Dreamer]

Yep, another state is trying it.. Michigan.


http://www.landlinemag.com/todays_news/Daily/2010/Oct10/100410/100510-01.htm

Wallace Scifres’ laptop computer is so old it predates the Windows 95 operating system by two years.

Yes, that’s the 1995 computer operating system you likely stopped using 10 years ago.

“It can’t even play a DVD,” Scifres said.

Scifres was surprised to be told this past week that he was being cited for violating a federal regulation concerning television screens because of his mounted computer, which he says has barely enough memory to power his mapping software.

Scifres was headed from Cincinnati, OH, to Albion, MI, Sept. 28, when his 1999 International was pulled over on Interstate 94 near Dearing, MI. A state police officer told him his left marker light was inoperable, and his computer was not allowed because it qualified as a television receiver under FMCSR 393.88. The reg prohibits commercial drivers from keeping screens capable of receiving a television broadcast from view when the driver is at the wheel.

“I said, ‘you show me how to receive television on this and I will thank you,’” Scifres told Land Line Thursday, Sept. 30. “It’s a 1993 computer with 600 Mhz. You can’t even get online with it.”

http://www.landlinemag.com/todays_news/Daily/2010/Oct10/100410/100510-01.htm

 

[AMonger]

Didn't the feds issue a ruling that we can't be cited for this? I think Arizona tried it first and the feds told them it's not a TV receiver when being used as a GPS.

 

[greg334]

You will see more of this crap here in the great state of denial. They are installing pre-pass and that means a lot of trucks will not hit the scales and hence a possible money loss for them.

BUT I would fight it, there have been a few cases in court over the carputer/navigation systems (Ford Sync) that are installed in cars and it was thrown out.

 

[Scuba]

Didn't the feds issue a ruling that we can't be cited for this? I think Arizona tried it first and the feds told them it's not a TV receiver when being used as a GPS.

Yes you are correct the feds told AZ that a laptop is not a tv screen and it is not banned

 

[rollnthunder]

I live in michigan and for several years i had my laptop up front on a stand and i never ever got messed with and im not to far from Detroit or the scales on 94 in grass lake and i have rolled across them several times with my laptop on and they never said a word.I think there is more to this story then what we are being told.Was he crossing the lines messing with his mapping or what.
Also the only way a laptop can recieve tv signal is either if you have a wifi card and are online and or a TV tuner card.Most laptops dont have tv tuner cards in them.But you still could watch videos online if you had a internet connection i think a good lawyer could win this.

 

[greg334]

Yes you are correct the feds told AZ that a laptop is not a tv screen and it is not banned

The feds can tell them all day what they want, they are not in control of the state regulations - the states are.

What happened in Arizona is simple, they (Arizona) referred to the FMCSA regulation and used their own interpretation of it, the FMCSA explained the definition of it hence nullifying the citation. In Michigan, there is already a statue on the books about tv/dvd player being in sight of the operator, CMV or no CMV it doesn't matter.

 

[Turtle]

In Michigan, there is already a statue on the books about tv/dvd player being in sight of the operator, CMV or no CMV it doesn't matter.

In sight of the operator, that displays a video image that can be viewed by the operator while the motor vehicle is in motion.

Just being in sight of the operator isn't enough, it has to be turned on and actually displaying a video image.


The Michigan statute, Section 257.708b states in part:

257.708b Operating motor vehicle with television or similar electronic device viewable by operator prohibited; exceptions; location of permitted visual device; special permit for research vehicle; violation as civil infraction.Sec. 708b.
(1) A person shall not operate a motor vehicle that is to be used upon the highways of this state with a television or other similar electronic device that displays a video image that can be viewed by the operator while the motor vehicle is in motion.

(2) This section does not apply to:
(b) A vehicle information or navigation system for use in displaying only information pertaining to vehicle location, available routes and destinations, road layouts, weather conditions, traffic and road conditions, vehicle conditions, or traveler services.

The FMCSA regulations, Part 393.88, are a little different.

Miscellaneous parts and accessories

§393.88 Television receivers. Any motor vehicle equipped with a television viewer, screen or other means of visually receiving a television broadcast shall have the viewer or screen located in the motor vehicle at a point to the rear of the back of the driver’s seat if such viewer or screen is in the same compartment as the driver and the viewer or screen shall be so located as not to be visible to the driver, while he/she is driving the motor vehicle. The operating controls for the television receiver shall be so located that the driver cannot operate them without leaving the driver’s seat.

I'm probably pushing the FMCSA regulations a bit. I have a TV monitor where the passenger seat used to be, right on top of the desk that is now there. Same place the laptop is. The TV monitor actually blocks about 20% of the window in the rearward lower quarter, but not even close to being enough to be a problem, it a passenger sitting there would block even more of the view.

Both the laptop and the TV (and the satellite DVR reciever that connects to it) are powered off while I'm driving, as I use a Garmin for navigation. I have to turn to my right more than 90 degrees to view it, making viewing while driving very difficult at best, not to mention stoopid.

The satellite receiver isn't merely powered down, but disconnected from the electricity completely with a separate remote power switch that effectively unplugs the receiver. I do that because I don't have in-motion satellite tracking anyway, plus I'd just be asking for a new hard drive in the DVR if I were to drive around with it powered on, as the receiver software freaks out because I've lost the satellite signal, and every few seconds it writes the log of the times the signal is lost to the hard drive for future reference, so the hard drive would be written to nearly all the time I would be moving. I suppose I could power everything up and watch recorded shows off the DVR, but again that would be stupid on several levels.

So while it is visible to me while I'm driving, it is not capable of visually receiving a television broadcast (or any other video) while I'm driving.

 

[highway star]

I think there is more to this story then what we are being told.

There may be, put probably not. I have a friend that got stopped on that stretch of 94 by the lady DOT cop that patrols that area and he was ticketed for the same thing. You'd best have your ducks in a very tight row if stopped by her. Her attitude is that you are doing something wrong and she's going to find it. I think the computer thing is just an easy thing to write up.