Mobile Scanners

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ATVrescue24

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Are scanners in your car legal in NY?

Are these laws enforced? What exactly are the rules and guidlines on it?

-Pete
 

dave3825

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ATVrescue24 said:
Are scanners in your car legal in NY?

Are these laws enforced? What exactly are the rules and guidlines on it?

-Pete

Please use the search function at the top of the page..

This has been discussed

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Mobile Scanners in New York State


How to have scanner in car legally?
 

ATVrescue24

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Now can I have one in my car if I don't live in NY?

If I already have it mounted and am just staying in NY for a couple of weeks?

Please let me know.

Thanks,

Pete
 

dave3825

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I does not matter where you live If you are in New York you adhere to New York law.

What kind of unit do you have??

I have a hand held and my truck is high with tinted windows so if I get stopped I pull the batts and stash it under my back seat..
But I myself would not mount a scanner to my console or dash because I would not be able to hide it fast enough...


[SIZE=-0] 397. EQUIPPING MOTOR VEHICLES WITH RADIO RECEIVING SETS CAPABLE OF
RECEIVING SIGNALS ON THE FREQUENCIES ALLOCATED FOR POLICE USE.

A person, not a police officer or peace officer, acting pursuant to
his special duties, who equips a motor vehicle with a radio receiving
set capable of receiving signals on the frequencies allocated for
police use or knowingly uses a motor vehicle so equipped or who in
any way knowingly interferes with the transmission of radio messages
by the police without having first secured a permit to do so from the
person authorized to issue such a permit by the local governing body
or board of the city, town or village in which such person resides,
or where such person resides outside of a city, or village in a
county having a county police department by the board of supervisors
of such county, is guilty of a misdemeanor, punishable by a fine not
exceeding one thousand dollars, or imprisonment not exceeding six
months, or both. 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. [/SIZE]
 

pappy1

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ATVrescue24 said:
Are scanners in your car legal in NY?

Are these laws enforced? What exactly are the rules and guidlines on it?

-Pete

This was taken from the ARRL news letter (The ARRL Letter, Vol. 22, No. 36, September 12, 2003. This pertains to Ham Radio Operators Only.

* Court kicks New York ham's "police radio" case: A New York court has
dismissed a misdemeanor charge against ARRL member Richard C. "Dick"
Lalone, KC5GAX, for violating §397 of that state's Vehicle and Traffic
Law. That section prohibits individuals other than law officers from
equipping their vehicles with radios "capable of receiving signals on the
frequencies allocated for police use" without first securing a permit. The
section, which also prohibits knowingly interfering with police
transmissions, contains an explicit exemption for "any person who holds a
valid amateur radio operator's license . . . and who operates a duly
licensed portable mobile transmitter and in connection therewith a
receiver or receiving set on frequencies exclusively allocated . . . to
duly licensed radio amateurs." In a nearly 1300-word decision, Judge John
J. Hallet said it was clear the legislature never intended the provisions
of §397 from applying to licensed Amateur Radio operators, and he
dismissed the charge August 5. Susan Terry, KF4SUE, a former New York
assistant attorney general, represented Lalone. ARRL President Jim Haynie,
W5JBP, ARRL General Counsel Chris Imlay, W3KD, and ARRL Regulatory
Information Specialist John Hennessee, N1KB, provided advice or assistance
to Lalone.

If I were you I would persue obtaining a tech ticket to be on the safe side.
 

ATVrescue24

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This makes me more intrested in buying a handheld now. I didn't think the laws were this strict. I am still in the market, and I now am leaning towards a handheld.

-Pete
 
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DaveNF2G

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Just remember that the case cited by ARRL has no precedential authority. It is not binding on any other court, nor even on any other judge sitting in the same court. It's a great decision, but doesn't prove much.

If you go to NYC, there is an even more restrictive mobile and portable scanner regulation there.
 

n3wrx

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Law changed?

DaveNF2G said:
Just remember that the case cited by ARRL has no precedential authority. It is not binding on any other court, nor even on any other judge sitting in the same court. It's a great decision, but doesn't prove much.

If you go to NYC, there is an even more restrictive mobile and portable scanner regulation there.

Dave, did something change in the law since that other thread?

http://www.radioreference.com/forums/showthread.php?t=58142

message 18.

Very interested in knowing if something changed re: using portable scanners (not in motor vehicle).

Thanks man,

-j
 
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DaveNF2G

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Oops, sorry, I was thinking about two different ordinances in two different cities.

NYC prohibits mobile scanners. Rochester prohibits mobile and portable fire and police receivers.
 

ansky

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I have my scanner in the car all the time when I'm driving through NY. This is one of those situations where the benefit outweighs what little risk there is.
 
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