Question about traveling to New York

[hockeygoaltender]

Hello,
I'm new here and this is my first thread so please bear with me. I am an engineering college student going to school in upstate NY. I have a cb radio and a scanner radio in my car, each with their own antennas connected to the trunk of the car. I live in New Hampshire where the car is registered and inspected and it is perfectly legal.

When I travel to school in NY am I breaking the law by having the police scanner and antenna on my car? I have read section 397 of the New York Vehicle and Traffic laws, but it does not talk at all about a car that is registered in a different state.

Thanks, Chris

[rbm]

Yes, you would be breaking the law.
There used to be a very long 'sticky' thread here but I can't find it right now.

Bottom line, it makes no difference where your car is registered, it's THAT you have a scanner.
You don't want to depend on the 'luck of the draw' in who pulls you over.
Don't 'expect' to be lucky. (Though it does happen at times.)
More than likely, it will NOT be your lucky day!

All is not lost though, use a smart phone to listen to the live feeds.

Rich

By the way, the law is 'all encompassing' enough that there is a specific exclusion for ham radio operation.

Here's the ham radio exclusion. Read it carefully! (emphasis added)

“Nothing in this section contained shall be construed to apply to any person who holds a valid amateur radio operator's license issued by the federal communications commission”

“AND who operates a duly licensed portable mobile transmitter AND in connection therewith a receiver or receiving set”

“on frequencies EXCLUSIVELY allocated by the federal communications commission to duly licensed radio amateurs.”

[Chauffeur6]

The short answer is yes.

When you're driving in another state, you must obey the laws of that state.

[hockeygoaltender]

So if your even just traveling through NY, your breaking the law. So what do I have to do? Do I have to remove an installed scanner every time I drive into NY?

And thanks rbm. That makes sense. The big annoyance is that it is installed in the vehicle. Also, I've grown used to using it. I do not have the money for a smart phone, but maybe some day. A little off topic, but what do you have going on in your shack? Why all the scanners? I'm quite curious.

[Chauffeur6]

Yes.

Or just get a ham license.

[hockeygoaltender]

Originally Posted by Chauffeur6

Yes.

Or just get a ham license.

Ok, so I'm looking online for information about getting a license. What level license do I need? Is the technicians license enough?

There is a exam date in one month and I found a book online to help. Think this will be a good study guide and do I have enough time? Is this license enough to have a police scanner in my car?

Thanks.

Here is the link to the book. What do you think?
Ham Radio License Manual with CD (Arrl Ham Radio License Manual): arrl: 9780872590977: Amazon.com: Books

[lep]

Originally Posted by Chauffeur6

Yes.

Or just get a ham license.

Or, just don't drive into New York. I find that works quite well.

[fireandems13669]

Where in NY are you Driving?

It is illegal . I have never seen nor heard of permits to allow scanner in my area. The only exceptions made around here are for Fire&EMS

I would just take it out to be safe and save you problems.

Also getting an FCC license does not grant you permission to be able to monitor police frequencies in your vehicle FYI.

[k3cfc]

Originally Posted by hockeygoaltender

Ok, so I'm looking online for information about getting a license. What level license do I need? Is the technicians license enough?

There is a exam date in one month and I found a book online to help. Think this will be a good study guide and do I have enough time? Is this license enough to have a police scanner in my car?

Thanks.

Here is the link to the book. What do you think?
Ham Radio License Manual with CD (Arrl Ham Radio License Manual): arrl: 9780872590977: Amazon.com: Books

What part of it is illegal to have a police scanner in your car in the state of New york don't you understand? getting a ham license DOES NOT grant you permission to have a scanner in your car period. now you have asked and were answered. drop it.

[JoeyC]

Well, when you actually read the section, it states that nothing in the section applies to a person who holds a valid amateur operators permit and possesses a ham radio transmitter.

New York Vehicle & Traffic - Article 12 - § 397 Equipping Motor Vehicles With Radio Receiving Sets Capable of Receiving Signals on the Frequencies Allocated for Police Use - New York Attorney Resources - New York Laws

So, having an amateur license does allow you to legally have the scanner as long as it is accompanied by a ham radio programmed to ham frequencies.

[k3cfc]

Originally Posted by JoeyC

Well, when you actually read the section, it states that nothing in the section applies to a person who holds a valid amateur operators permit and possesses a ham radio transmitter.

New York Vehicle & Traffic - Article 12 - § 397 Equipping Motor Vehicles With Radio Receiving Sets Capable of Receiving Signals on the Frequencies Allocated for Police Use - New York Attorney Resources - New York Laws

So, having an amateur license does allow you to legally have the scanner as long as it is accompanied by a ham radio programmed to ham frequencies.

Nothing in
this section contained shall be construed to apply to any person who
holds a valid amateur radio operator's license issued by the federal
communications commission and who operates a duly licensed portable
mobile transmitter and in connection therewith a receiver or receiving
set on frequencies exclusively allocated by the federal communications
commission to duly licensed radio amateurs.

A scanner IS NOT A TRANSMITTER. this is the last time i say this.


K3CFC

[Chauffeur6]

Originally Posted by k3cfc

What part of it is illegal to have a police scanner in your car in the state of New york don't you understand? getting a ham license DOES NOT grant you permission to have a scanner in your car period. now you have asked and were answered. drop it.

Originally Posted by k3cfc

A scanner IS NOT A TRANSMITTER. this is the last time i say this.

You need to tone the attitude down, pal. According to your ham license, you're not even a NYS resident, so maybe you should refrain from commenting on issues that don't involve you.

[mike4164]

Hey K3cfc, calm down dude. He asked a question because he doesn't understand. Grow up or leave. And for your info,maybe YOU should read the law very carefully and MAYBE you'll understand it. I don't know who your brother is or even care, just lose the attitude. There is no reason for you to act that way!!!!!!

Mike
Retired FDNY/EMS
HAZ-TAC

[mike4164]

Originally Posted by k3cfc

Nothing in
this section contained shall be construed to apply to any person who
holds a valid amateur radio operator's license issued by the federal
communications commission and who oconnectiperates a duly licensed portable
mobile transmitter and in on therewith a receiver or receiving
set on frequencies exclusively allocated by the federal communications
commission to duly licensed radio amateurs.

A scanner IS NOT A TRANSMITTER. this is the last time i say this.


K3CFC

K3CFC, in response to your comments read the part that says " a duly licensed portable
mobile transmitter and in on therewith a receiver or receiving
set on frequencies exclusively allocated by the federal communications
commission to duly licensed radio amateurs" .

Mike
Retired FDNY/EMS
HAZ-TAC

[loumaag]

I have deleted several posts in this topic. The rhetoric has become out of control here, so consider this as a warning that the topic is being watched.

Originally Posted by k3cfc

... this is the last time i say this.

See that it is, this is a specific warning to you to calm down. If you can't be civil, be silent.

[emcomm]

Scanner mounted in NYC car is illegal.

Whether you get pulled over or not is another issue.

[NYRHKY94]

Hello:

A good thread and useful information absent the warranted attitude adjustment (a thank you to the Mod!). Staying on topic, I've always wondered what other guys do who have elaborate scanner installs in their vehicles when travelling from state to state? Lots of guys here on RR have some terrific mobile installs (consoles, in-dash, multiple antennas etc.) and not all of them are HAM's. It sounds like a strict interpretation of the law for NY would indicate that those guys either have to leave that vehicle home or take a chance travelling through? I wouldn't mind hearing from some of them.

I'm originally from NY and travel back there (NJ too) on a somewhat regular basis. While I don't have a permanent mobile install for my scanners (use a vent clip), I do always bring my Pro-106/PSR-500 with me while driving down to NY/NJ. When I hit the MA border with CT, I turn it off and throw it in the glove compartment. The Larsen tri-band mounted on the trunk stays however.

Thanks - Mike

P.S. I do find it interesting that MA has no limitations on mobile scanner use (same as NH), but NY law is quite restrictive.

[W2NJS]

Let me add something to this thread which is relevant. There exists a Federal exemption for hams with ham transceivers which supersedes all state laws. This was issued in response to the question raised about ham transceivers which are also capable of receiving PS transmissions outside the ham band. I carry a copy of this in my car "just in case" the issue ever arises. There is a number for this piece of legislation but I don't have it at hand; it's something like 98-30 but that's not the exact number.

[trsundstrom]

Not a bad idea, W2NJS. I started the movement to add the exemption to NJ statutes back in 1976 after helping in forest fire communications; it took a number of legislative sessions but Florio finally got to sign it into law. I'd be very interested in the ruling number you mention. If and when you have it at hand... thanks.

[Thunderknight]

FCC91-36.
http://www.arrl.org/files/file/pr91-36.pdf