Is it illegal in DE to have scanner in vehicle

[devon940]

Since the new hands free law makes it illegal for radio enthusiasts to have cb radio in their car, is it illegal to have scanner radio in your car too?

 

[SCPD]

i wouldnt think , as long as you dont get caught messing with it and turn it all the way up before you start driving i dont think you would get in trouble now if you get pulled over for something entirely different, maybe

 

[devon940]

I am reading the law about electronic communication devices(§ 4176C) in the vehicle right now and i am still confused.
CHAPTER 41. RULES OF THE ROAD Subchapter IX. Reckless Driving; Driving While Intoxicated

 

[devon940]

I know that it was legal to have it in the past, but this new law passed in the beginning of 2011 confuses me and i am unsure if 3rd party sites have updated to include DE yet

 

[RadioDaze]

"(2) "Electronic communication device" shall mean a cell telephone, personal digital assistant, electronic device with mobile data access, laptop computer, pager, broadband personal communication device, 2-way messaging device, electronic game, or portable computing device."

I would say that wording implies a smartphone with a streaming scanner app is not allowed, but an actual scanner is fine.

Where does it mention CB?

 

[SCPD]

"(2) "Electronic communication device" shall mean a cell telephone, personal digital assistant, electronic device with mobile data access, laptop computer, pager, broadband personal communication device, 2-way messaging device, electronic game, or portable computing device."

I would say that wording implies a smartphone with a streaming scanner app is not allowed, but an actual scanner is fine.

Where does it mention CB?

it says "Any 2-way messaging device", in my opinion a CB, Amateur Radio both fall under that catergory.

 

[SQUAD109]

i think any 2-way message device is more like texting devices etc then cb radios

 

[devon940]

Chanman is correct, "any 2-way messaging device" includes CB radio. DE is the first state in the US to ban use of it on the road, but there was a lot of commotion about that. so they made exceptions for anyone using it in a commercial vehicle (truck drivers) and anyone with an amateur radio licence, plus a few other entities

So, a scanner falls into the good side of the grey area i guess?

 

[W2NJS]

A scanner is not a two-way communication device. Since the state went to so much trouble to detail what is not allowed then anything that's not mentioned is legal, in my opinion, but you have to read the statute in detail, every word of it.

 

[RadioDaze]

They should have gone to a little more trouble and defined "2-way messaging device", which seems to apply primarily to text messaging in the real world. Why not refer to a "two-way radio device" instead? You would not have to buy an really expensive lawyer to shoot holes through this verbiage.

 

[devon940]

They would not have exempted these if they did not intend to target radio operators:
(7) Use of an amateur radio by an FCC-licensed amateur radio operator; and

(8) A person who during their course of employment with a business or government entity uses a 2-way radio mounted or attached to a motor vehicle to communicate with a central dispatch, base of operation, or with other employees of such business or government entity.

 

[devon940]

Anyway, back on subject..we are all in agreement that a scanner is legal?

 

[SCPD]

yes, i think their legal i wouldn't think a scanner would fall under"2-way messaging device" .

 

[jaymatt1978]

All hands-free were focused on cellphones and there was a fight to get amateur radios and cb's exempt. so long as you don't progam your scanner while driving you should be fine

 

[pinetree]

I just had my car inspected and my scanner was running at that time. No questions were asked or statements made. The car passed no problems. If it was illegal I think some mention would have been made.

 

[devon940]

Ok, thank you all. I feel a bit better now

 

[Citywide173]

All hands-free were focused on cellphones and there was a fight to get amateur radios and cb's exempt. so long as you don't progam your scanner while driving you should be fine

To the OP:
A scanner is a receiver, just the same as your AM/FM radio is a receiver. Since you can't communicate with someone else (although someone could communicate with you), it doesn't qualify as any of the devices described in the law.

To the quoted poster:
As far as programming while moving (which I don't think you should be doing).....by that reasoning, you're braking the law by changing the AM/FM channels.