Lesson One, Registration a First Step
After making a decision that you will assist with emergency communications, the next step is to register. If you register with a local RACES unit, you enjoy the same recognition, and provisions of protection under state code as those registered at the state level. VDEM “also recognizes that any licensed amateur radio operator that is registered with his or her local jurisdiction to support emergency communications for that jurisdiction (or within the Commonwealth of Virginia) will also be considered as a registered member of RACES.” RACES is an inclusive organization and utilizes “other amateur groups, clubs or individuals to establish amateur radio systems within their jurisdictions. It is up to the local jurisdiction to determine what, if any, amateur systems are to be utilized within their communications emergency operations plan and with whom they wish to establish a working relationship to provide amateur capabilities.” These quotes above are from a Virginia Department of Emergency Management document.
These kinds of statements demonstrate that there are a number of options for serving as RACES. One is that an individual can register with his or her local Emergency Management system; a club can be designated as a preferred RACES group. A locality can establish its own RACES organization registered with local emergency management. A locality may make a decision to use a system for backup communications that doesn't include Amateur Radio at all. All of these (except deciding not to utilize Amateur Radio) become RACES and enjoy the same benefits from the Commonwealth of Virginia.
A disturbing trend in recruitment with one emergency communication group has been the use of “fear” as a recruitment tool. One emergency communications group is implying that it is the only one with protection from lawsuits under state code. They are using the example of a person in California that was attempting to rely on the “Good Samaritan Act” and was ruled against by a panel of judges by a vote of 4 to 3. The problem with this approach was that it was not a ham being suited for assisting with communications. This was a case with a woman being accused by the plaintive of “yanking her out of a car crash like a rag doll.” The plaintive had suffered a spinal injury and a lacerated liver in the wreck. A Boy Scout with basic first aid knows that you do not move a person with a spinal or neck injury without proper training and available support for the injured victim. California’s version of the Good Samaritan Act, according to the panel of judges, was written to give immunity to medical workers only. In any state a person that would move a person with a severe spinal injury in a manner that might cause paralysis would find himself or herself dealing with serious legal issues. This example of using a car accident and comparing it to emergency communications is worse than comparing apples and oranges. All the Virginia protective codes have exceptions for “gross negligence, recklessness and willful misconduct.
Virginia has very plain language for the coverage of emergency communicators. This is included in Virginia’s version of the Volunteer Protection Act 44-146.23 and also in the Good Samaritan Act 8.01-225 along with the federal Volunteer Protection Act of 1997. All three of these cover RACES when activated by the proper authorities. The Virginia Good Samaritan Act references Telecommunications providers and defines them in the following way. “Any provider of telecommunication service, as defined in § 58.1-3812, including mobile service, in this Commonwealth shall not be liable for any civil damages for any act or omission resulting from rendering such service with or without charge related to emergency calls unless such act or omission was the result of such service provider's gross negligence or willful misconduct.
According to the Code of Virginia, telecommunications means “any transmission, emission, or reception of signs, signals, writings, images, and sounds, or information of any nature by wire, radio, visual, optical, or other electromagnetic systems.” (This sounds like what Amateur Radio does.)
This kind of protective language is one of the reasons that the Good Samaritan Act has not been tested in court in the Commonwealth. Another reason is that I know of no situation that an Amateur Radio operator has been suited for providing emergency communications. This is true not only of the Commonwealth but the nation. So if you want to use fear as a tactic for recruiting people to register with your organization you have to go outside the realm of Amateur Radio and use an automobile accident for an example. This approach has not encouraged registration for any emergency communications group but a number of people have made a decision not to be involved with Emcomm if they perceive that it carries such risk of a suit. This extreme fear is not realistic in light of what we are doing and the protection provided by the Code of Virginia. Many agencies also have coverage for their volunteers.
We pass traffic that an agency person signs off on, except for some tactical or heath and welfare messages. The message content is not our responsibility but be it belongs to the signer.
If you decide to sign with us we will work together to prepare you to serve with confidence and in useful ways. We have many public service stations scattered throughout our jurisdiction. During our weekly nets, you will have the opportunity to operate from these sites during training nets. This will allow you the opportunity to become familiar with the operation of the rig and special modes of operation. These include VHF voice, Winlink 2000 and in one location we have HF. Our serviced agencies include Emergency Medical Service, rescue squads, fire departments, the local hospital with special certification, the EOC and sheriff’s department, the E-911 Center is covered by their staff, the American Red Cross and Search and Rescue. In activation there will also be the need to serve in shelters. Many of us are available for mutual support outside our area.
Our group is also involved with the National Weather Service Skywarn program. When there is a watch or warning posted, the local Skywarn repeater (145.13 –600 KHz with a tone of 103.5) is buzzing with activity. We have a minimum of 1 Simulated Emergency Test per year. Year before last we had two SETs. Each Sunday afternoon at 3:00 pm (1500 hours) local we have a training net to improve our skills and to learn from each other. Our group has ARRL Emergency Communications Courses and certification exams during our regular license testing. We invite you to come and serve with us by registering at http://www.w4ghs.org/Registration-RACES.html. After completing the form, hit the submit button and within 48 hours your will receive a confirmation letter that allows you to know that your name is on the list and our local agency people have access to your contact information as well as the EARS/RACES leadership.
