Tennessee's New Hands Free Law and Scanners

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richard4537312

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Does it apply to handheld scanners? I know that most law enforcement folks would say, "Well of course it does," but take a look at the law.
https://publications.tnsosfiles.com/acts/111/pub/pc0412.pdf
It appears that it might arguably apply only to models capable of recording audio, but I don't think that's what Nashville intended. If the scanner does not record audio, it's going to be difficult to fit it into the definition of "wireless telecommunications device" or "stand-alone electronic device."
 
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If you don't draw attention to yourself - you have nothing to worry about.

It's no different than an AM/FM Radio. Keep it out of sight and out of the way of operation of the vehicle.
 

WX4JCW

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It’s really not rocket science, if they see you fidgeting you are gonna get pulled over, too many idiots playing on their phones lead to this


Use a Scanner with a GPS and not worry about it


Sent from my iPhone using Tapatalk Pro
 

KK4JUG

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It’s really not rocket science, if they see you fidgeting you are gonna get pulled over, too many idiots playing on their phones lead to this

That's pretty much the bottom line.

In Georgia in the last 12 months, they wrote over 25,000 distracted driving tickets. Apparently, the cops are watching out for it
 

RRR

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In Georgia, it doesn't apply to HAM radios, CB, or transceivers used in the course of business.
 

kg4ere

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Unless you are trying to reprogram your scanner via front panel buttons on the fly I cannot see a scenario where you would be fooling with the controls more than a few seconds.
 

battleop

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Unless you are trying to reprogram your scanner via front panel buttons on the fly I cannot see a scenario where you would be fooling with the controls more than a few seconds.

You should be familiar enough with your scanner to operate it without ever looking at it.
 

776

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Here is a link to the law and paragraph 3 give definition of wireless device.

https://www.handsfreetn.com/files/p...eZg1gqUkgL0EaltPBt3sX9XSUpYpyFArjnYNuRu3fNbtU

(3) 'Wireless telecommunications device" means a cellular telephone, a portable telephone, a text-messaging device, a personal digital assistant, a stand-alone computer, a global positioning system receiver, or substantially similar portable wireless device that is used to initiate or receive communication, information, or data. "Wireless telecommunications device" does not include a radio, citizens band radio, citizens band radio hybrid, commercial two-way radio communication device or its functional equivalent, subscription-based emergency communication device, prescribed medical device, amateur or ham radio device, or in-vehicle security, navigation, autonomous technology, or remote diagnostics system.

776
 

INDY72

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It does not matter if your a Ham or not in TN, unlike up here in IN.... And:
"citizens band radio, citizens band radio hybrid, commercial two-way radio communication device or its functional equivalent"
Also ham radio etc is fine. There are no restrictions in laws in TN regarding scanners.

But as was stated previously, if your all nimbly wimbly with it and all driving erratic.. etc... Your gonna be popped.
 

surfacemount

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There are no restrictions in laws in TN regarding scanners.

Against city ordinance in both Nashville and Chattanooga:

municode link

Sec. 16-72. - Permit for operation of high frequency receiver required.

It shall be unlawful for any person to equip or operate, inside the city, any motor vehicle with a high frequency police radio receiving set, unless such motor vehicle is being used by the federal, state, city or county government or a peace officer, or unless a permit for the use of the same shall have been granted as provided in this article.

another municode link

It is unlawful for any person to equip or operate any motor vehicle with a high frequency police radio receiving set unless such motor vehicle is being used by the federal, state or metropolitan government or a peace officer, or unless a permit for the use of the same shall have been granted as provided by this chapter.




It does not matter if your a Ham or not in TN

This piece of TCA has been used to protect the rights of hams using mobile scanner and transceiver equipment.

Big long link to state code, probably broken

6-54-130. Amateur radio service.
(a) A municipality, including a city and lesser incorporated area, or a county may not enact or enforce an ordinance that does not comply with the ruling of the federal communications commission in "In the Matter of Federal preemption of state and local regulations pertaining to Amateur radio facilities," 101 FCC 2nd 952 (1985), or a regulation related to amateur radio service adopted under 47 CFR chapter I, subchapter D, part 97

there's case law, if you care to dig for it. (shrugs)
 

INDY72

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I stand corrected, never knew about the city codes in Nasty and Chatty TY... But there is no State restrictions. Every time I pass through, will just be more inconspicuous in Nashville and Chattanooga. (Though the many times I was in both, and had scanner on hip and monitoring, never once had a LEO so much as give a passing glance. But as there is ALWAYS the one time, will not risk it. Maybe the fact of it NOT being INSTALLED in a vehicle counts lol. ) Those municodes do not protect Hams. There is no wording saying a Ham is exempt, only the permit requirement. Which is in itself strange. Which is why I am glad that our law specifically says that Hams are exempt and can have a scanner.
 
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