New York Judge Declares Amateur Radio Is Not a Cell Phone

[Zappa]

http://www.arrl.org/news/view/new-y...=Feed:+hamradio/news+(Ham+Radio+News_Greader)

09/10/2010

In many states and localities, it is illegal to talk on a cell phone (without a hands-free device) while behind the wheel -- doing so can result in a ticket and possibly a large fine. But on May 30, 2010, when a New York ham was talking on his mobile rig, he didn’t think he was doing anything wrong. Except that the officer who pulled him over and cited him with a $100 fine didn’t quite see it that way.

Steve Bozak, WB2IQU, of Clifton Park, told the ARRL that when he was pulled over while driving to Troy -- about 16 miles away -- he assured the officer that he was not speaking on a cell phone, but on his handheld transceiver. But according to Bozak, the officer said “it was all the same to him.” So Bozak decided to fight the ticket in court.

“Honestly, it’s not the fine or the ticket, but that all the other hams who use mobile radios have to hide the fact we are mobile in Troy,” he told the ARRL just days after he was cited. “I will do my best to settle this politely and correctly, for all of the ham community. So I will follow the course and have my day in court, to ‘tell it to the judge.’ This matter affects 38,000 hams in New York State.”

Unfortunately, when Bozak had his day in court for a pre-trial conference, the prosecutor refused to dismiss the case. But he didn’t give up and took his case to City Court where, on September 8, where at the request of Bozak's attorney -- ARRL Volunteer Counsel (VC) Jeremy, Rase, KC2JRD -- the judge dismissed the case in Bozak’s favor. Bozak argued that his use “of a handheld Amateur Radio does not fit the definition of a mobile telephone, and as such, the present charge should be dismissed.” The prosecutor’s office did not submit a response in opposition.

Saying that New York’s Vehicle and Traffic Law defines a “Mobile Telephone” as a “device used by subscribers and other users of wireless telephone service to access such service,” and that a “Wireless Telephone Service” is defined as “two-way real time voice tele-communications service that is interconnected to a public switched telephone network and is provided by a commercial mobile radio service,” the judge decided that Bozak’s handheld transceiver did not fit that description.

“A review of 47 C.F.R.§20.3 reveals that Citizens Band Radio Service is defined under private mobile radio service not commercial mobile radio service,” the decision read. “Therefore, the Court finds that the use of an Amateur Radio device does not fit the definition of a mobile telephone as defined under the Vehicle and Traffic Law” As such, the judge dismissed the case in Bozak’s favor.

“While the court cited the Citizens Band Service instead of the Amateur Radio Service, the ruling very is favorable to amateurs on the precise point of law raised,” said ARRL Regulatory Information Manager Dan Henderson, N1ND. “The principle of law is spot on. This is a great ruling in New York and exactly what we had thought would happen.”

FU NY !

 

[Finalygotabeltfed]

The cop who made the stop is a petty ignorant moron and so is the prosecutor. There has always been an exemption for licensed hams, commercial two way business radios and public safety officials using mobile radios.

 

[Jose]

The cop who made the stop is a petty ignorant moron and so is the prosecutor. There has always been an exemption for licensed hams, commercial two way business radios and public safety officials using mobile radios.

Don't you understand?

Cops are uber drivers who can talk on a radio and type on an MDT while driving while the rest of us are complete morons?

Never mind that many of us have proven capable of doing things FAR more complex and dangerous than driving a car while talking on a radio.

Say, something like flying a precision approach in instrument conditions to a greaser landing in 1/2 mile visibility and a 200 foot ceiling while talking on the radio for most of the approach.

FTP

 

[MisterHappy]

Oh, the shame!

Hams lumped in with CB!

 

[Zappa]

Don't you understand?

Cops are uber drivers who can talk on a radio and type on an MDT while driving while the rest of us are complete morons?

That's right.
And when they crash a cruiser into a house they can say "The officer suffered an allergy attack will driving and lost control" (seen it happen) while you or I would be written up for distracted driving or taking a breathalyzer test.

 

[n1oty]

Oh, the humanity!!!!

Oh, the shame!

Hams lumped in with CB!

 

[Zappa]

Oh, the humanity!!!!

That's a Big Ten-Four Good Buddy!

 

[appraiser]

there is a MGL CH 90 S13 that specifically allows the use of CB radio's in vehicles, as long as one hand is on the wheel. Granted this is subject to change in the Nanny State

Back in the 1970's cops would hassle CB radio users and write questionable tickets or warnings. Hams have never been subject to that.

Section 13. No person, when operating a motor vehicle, shall permit to be on or in the vehicle or on or about his person anything which may interfere with or impede the proper operation of the vehicle or any equipment by which the vehicle is operated or controlled, except that a person may operate a motor vehicle while using a citizens band radio or mobile telephone as long as one hand remains on the steering wheel at all times.

 

[Big Daddy 45acp]

... as long as one hand remains on the steering wheel at all times.

Then what do I do with my beer?

 

[stoneypete]

Then what do I do with my beer?

Place it between your legs. It's not like it's hot coffee and will burn you.

 

[Zappa]

Then what do I do with my beer?

Get one of these long straws

 

[drgrant]

This is a big deal in a state that has a fetish about trying to arrest people with scanners, among other things...

-Mike

 

[Zappa]

This is a big deal in a state that has a fetish about trying to arrest people with scanners, among other things...

IIRC, having an FCC Issued Ham License gives you a Federal exemption to state laws that disallow vehicle mounted scanners.

 

[n1oty]

You mean, along the lines of that nice federal FOPA protection for the nations travellers that everyone going through NY seems to have issues with??

IIRC, having an FCC Issued Ham License gives you a Federal exemption to state laws that disallow vehicle mounted scanners.

 

[drgrant]

IIRC, having an FCC Issued Ham License gives you a Federal exemption to state laws that disallow vehicle mounted scanners.

I didn't know it was federal- I thought those were state law exceptions. Regardless, the fact that someone should need to use that kind of exemption at all, is pretty bad.

-Mike

 

[Zappa]

I didn't know it was federal- I thought those were state law exceptions. Regardless, the fact that someone should need to use that kind of exemption at all, is pretty bad.

I agree, but it is what it is.
Most of the different state scanner laws make no sense at all anyway.
I remember the Florida law made it illegal to have a mobile scanner mounted in a vehicle (without a special permit), but a hand held unit was OK, even if you used it in your car.
The Vermont law only states it's illegal to use a scanner in the commission of a crime.

NY really has it's head up its ass on this stuff. I have a friend who's a Ham and commercial radio engineer, with lots of two-way radios, scanners and antennas in his Explorer. He got hassled by the cops in NYC about it when he was there setting up for a remote broadcast. They didn't ticket him, but busted his balls pretty bad.