§ 95.3159   OBU channel sharing and priority of use.

   In general, the provisions of § § 95.359, 95.325, and 95.327 apply to OBU
   operation, subject to the rules in this section governing access
   priority.

   (a) Priority communications. OBU communications described in this
   paragraph are priority communications.

   (1) OBU communications involving the safety of life have access
   priority over all other OBU communications.

   (2) Subject to a Control Channel priority system management strategy
   (see ASTM E2213-03 DSRC Standard at § 4.1.1.2(4)), OBU communications
   involving public safety have access priority over all other OBU
   communications except those involving safety of life. OBUs operated by
   state or local governmental entities are presumed to be engaged in
   public safety (priority) communications.

   (b) Non-priority communications. All OBU communications other than
   those described in paragraph (a) are non-priority communications.
   Disputes concerning non-priority OBU communications associated with
   Roadside Units (RSUs) are governed by the provisions of § 90.377(e) and
   (f) of this chapter. Disputes concerning non-priority OBU
   communications not associated with RSUs are governed by § § 95.325,
   95.327, and 95.359.

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