HH transceivers and hands-free laws? ...

[cmeisenzahl]

This got me wondering, we have laws here in NY state about needing a hands-free device when talking on a cell phone when driving. Are handheld transceivers (e.g. a 2m Yaesu) also covered by this?

Thanks,
Chris

 

[K9WG]

IANAL (I am not a lawyer)

but look at the wording of the law. Does it specifically say cellular phone or is it broad enough to cover all modes of communications? It all comes down to how the law would be interpreted by a jury.

Once again IANAL

 

[LtDoc]

I'm not that familiar with NY state law, and this is only from 'case law', so take it for what it's worth. One citation was overturned because the ham wasn't using a cell phone, but a transceiver. I figure the judge was going exactly by the wording of the law.
- 'Doc



(IANAL! Me too. I'm low class, but not that low...)

 

[kn0bdy]

The police and Commercial Truckers use Push to Talk all the time ( police on cell phones while driving is epicemic). I would think it would only come into question if it led to distracted driving and some form of violation of another driving related law. In MI the highway patrol now has a device that can read all data from your cell phone on site and it is causing contraversy already.

 

[cmeisenzahl]

Good info, guys, thanks. I thought using PTT was okay.

I found these:
NYS DMV - Frequently Asked Questions
Distracted Driving, Talking & Texting

 

[KC0FZZ]

I'm not that familiar with NY state law, and this is only from 'case law', so take it for what it's worth. One citation was overturned because the ham wasn't using a cell phone, but a transceiver. I figure the judge was going exactly by the wording of the law.
- 'Doc



(IANAL! Me too. I'm low class, but not that low...)

I was thinking about the same "case law" you may be thinking of. It happened in Troy, New York, where an operator was ticketed for using his HT while driving. The cop copped an attitude and wrote him a traffic ticket and told him to "tell it to the judge". I seem to remember hearing that that prticular incident had a favorable outcome for him, but I can't say for sure...

 

[UberGeek]

NYS has an exemption for Amateur Radio operators; that I know for certain. However, you may end up in court over it anyways, as LEO's tend not to really care much about little details.

I've not read the text of the exemption for quite some time, but if I recall correctly, it reads to allow for any 2-way radio not connected to the PSTN system. I could be wrong, however, on this last point.

 

[N4JKD]

The FCC regulations say we have a right to use our radios, and no state should be able to limit our right to use radios. I heard about a guy who got a ticket, but took it to court, fought it and it was thrown out.

 

[k8tmk]

A local ham was driving through a mall parking lot while talking on his ham HT. A cop stopped him and advised that it was against the law in Indiana to talk on a cell phone while driving. Even though the ham told the cop it wasn't a cell phone, the cop said that didn't matter. No ticket was issued though, probably because Indiana had no such law at the time! I would have argued that that was a private parking lot and told the cop to get lost.

 

[DaveNF2G]

The NY law is very specific about what it covers. However, that did not stop one officer (in Troy as someone already mentioned) from writing a ticket for an amateur HT.

 

[W2NJS]

Keep a low profile radiowise, no matter where you are, and don't walk into the local Dairy Queen with your HT blaring the dispatch channel of the local sheriff's office. Most LEOs, but not all, are smart enough these days to know that carrying an HT is not their exclusive right. If or when challenged keep cool and politely request that the officer call his shift manager to the site. And having an FCC license in your wallet won't hurt, either.