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DaveNF2G
Guest
do
while horse=dead
beat
loop
while horse=dead
beat
loop
N.Y. Ham Sited For Mobile QSO
- Thread starter Alain
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K4DHR
Member
Smaller cities are hard up for money right now, so the typical response is to have cops go out and write more citations. This isn't the first case where I have heard of cops stretching an interpretation of a law to just to write someone up since the economy took a dive. They (police) know typically most people just pay up, either because the individual is ignorant of the law or don't want to be hassled contesting the ticket.
Hopefully in the meantime this guy has beaten the ticket, since the law is most certainly on his side in this case.
Hopefully in the meantime this guy has beaten the ticket, since the law is most certainly on his side in this case.
W4JLR
Member
Does anyone know the outcome of this case?
elk2370bruce
Member
Way too early for a court date. Regardless of the outcome, there will be no lack of responses here (and elsewhere).
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DaveNF2G
Guest
Trial will be in September. The charges will probably be dropped, but now it looks like they're just trying to teach him a lesson for publicly embarrassing the police.
K2KOH
Silent Key
I'm so glad I'm retiring in a few years...law enforcement just ain't the same as it used to be...
poikaa
Member
The police tried that with the so called scanner law here in Michigan. Stopped several HAMs in their vehicles on HTs and gave them a ticket and took away their radios. As far as I know they got their rigs back.
73 Rod KB8DNS
73 Rod KB8DNS
Hot off the press from the ARRL newsroom.
New York Judge Declares Amateur Radio Is Not a Cell Phone
Unfortunately, when Bozak had his day in traffic court, he lost his case. But he didn’t give up and took his case to City Court where, on September 8, the judge dismissed the case in Bozak’s favor. Bozak argued that his use “of a handheld Amateur Radio does not fit the definition of a mobile telephone, and as such, the present charge should be dismissed.” The prosecutor’s office did not submit a response in opposition.
http://www.arrl.org/news/view/new-york-judge-declares-amateur-radio-is-not-a-cell-phone
New York Judge Declares Amateur Radio Is Not a Cell Phone
Unfortunately, when Bozak had his day in traffic court, he lost his case. But he didn’t give up and took his case to City Court where, on September 8, the judge dismissed the case in Bozak’s favor. Bozak argued that his use “of a handheld Amateur Radio does not fit the definition of a mobile telephone, and as such, the present charge should be dismissed.” The prosecutor’s office did not submit a response in opposition.
http://www.arrl.org/news/view/new-york-judge-declares-amateur-radio-is-not-a-cell-phone
Distracted Driving
Next they will claim drinking a soda while driving is distracted driving and ticket people for that.
:roll:
Next they will claim drinking a soda while driving is distracted driving and ticket people for that.
:roll:
Didn't you know they are already doing that?!? Ok it's a bit early for April 1st, but I swear one day it might become that bad...
Regards,
-Frank C.
Unfotunately, cities in Alabama are now climbing on this band wagon. Montgomery passed a city ordinance to make it an infraction to drive with a cell phone to your ear. They included a section exempting amateur radio operators in an emergency, but the law isn't clear if that applies to a cell phone or a two-way radio. Prattville, the next city over, passed an ordinance making it an infraction to text on a cell phone, but you can still talk on one. I don't know the law in Alabama, but, in California, the state has exclusive jurisdiction over laws affecting moving vehicles on public roadways. I can't imagine that laws affecting moving vehicle violations passed by cities will stand up to a court challenge.
As far as emergency responders and distracted driving, I can remember many a time juggling three radios, trying to type on an MDC, and talking on a cellphone, all at the same time, while slightly exceeding the speed limit.
I hope that some human factor studies get done on ways to reduce the workload in a single officer unit. It worked to reduce commercial aircraft crashes, and it can work to make emergency response safer.
As far as emergency responders and distracted driving, I can remember many a time juggling three radios, trying to type on an MDC, and talking on a cellphone, all at the same time, while slightly exceeding the speed limit.
I hope that some human factor studies get done on ways to reduce the workload in a single officer unit. It worked to reduce commercial aircraft crashes, and it can work to make emergency response safer.
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DaveNF2G
Guest
It depends on that state's constitution. Here in NY, Rochester and NYC have mobile scanner ordinances. New York is a "home rule" state, so they can do that.
Commercial aircraft also have smaller crews now. Go figure... :twisted:
Robinsmark
Member
Newsflash Denville NJ
About 2 weeks ago in the NJ Bergen Record the Police Chief of Denville NJ told ALL officers that if they use a cell phone in a township police cruiser on patrol it better be for official police business. Otherwise the chief stated there will be consequences for the officer. You can probably Google this story & find more on it.
About 2 weeks ago in the NJ Bergen Record the Police Chief of Denville NJ told ALL officers that if they use a cell phone in a township police cruiser on patrol it better be for official police business. Otherwise the chief stated there will be consequences for the officer. You can probably Google this story & find more on it.
magicjellybeans
Member
- Joined
- Aug 9, 2008
- Messages
- 268
Case
That case was dismissed after the ham fought it per QRZ.com.
That case was dismissed after the ham fought it per QRZ.com.
Two more topic on this news release. Linking to the other topics so we don't lose track of each topic.
RR forum topic: http://forums.radioreference.com/ne...t-issued-talking-ham-radio-while-driving.html
RR forum topic: http://forums.radioreference.com/co...news/190581-troy-ny-ham-ticket-dismissed.html
RR forum topic: http://forums.radioreference.com/ne...t-issued-talking-ham-radio-while-driving.html
RR forum topic: http://forums.radioreference.com/co...news/190581-troy-ny-ham-ticket-dismissed.html
poppafred
Member
Obviously, you've not had to drive in Oklahoma.
For many years, ANY open container was a ticketable offense. It was aimed at open containers of alcohol but some LEO's would ticket you for a can of soda or a cup of coffee.
Haven't heard if they are still doing it but it did used to happen...
W2WDX
Member
- Joined
- Oct 4, 2010
- Messages
- 10
The Law in NY clearly exempts Ham radios by definition ...
The NYS VAT laws are clear on its definitions of what constitutes a Mobile Telephone:
New York State Consolidated Laws
Vehicle & Traffic
§ 1225-c. Use of mobile telephones. 1. For purposes of this section,
the following terms shall mean:
(a) "Mobile telephone" shall mean the device used by subscribers and
other users of wireless telephone service to access such service.
(b) "Wireless telephone service" shall mean two-way real time voice
telecommunications service that is interconnected to a public switched
telephone network and is provided by a commercial mobile radio service,
as such term is defined by 47 C.F.R. § 20.3.
47 C.F.R. § 20.3 (Code of Federal Regulations)
Commercial mobile radio service. A mobile service that is: (a)(1) provided for profit, i.e., with the intent of receiving compensation or monetary gain; (2) An interconnected service; and (3) Available to the public, or to such classes of eligible users as to be effectively available to a substantial portion of the public; or (b) The functional equivalent of such a mobile service described in paragraph (a) of this section.
Under this clear definition any two-way radio that is not connected to a "public switched telephone network and is provided by a commercial mobile radio service" is not defined as a cell phone.
In New York they were careful not to include language that would imply anything other than cell phones in the law.
§ 1225-d, which involves the use of "portable electronic devices" while driving, is equally clear on its definitions and excludes Ham radios by definition.
This case will be thrown out.
The NYS VAT laws are clear on its definitions of what constitutes a Mobile Telephone:
New York State Consolidated Laws
Vehicle & Traffic
§ 1225-c. Use of mobile telephones. 1. For purposes of this section,
the following terms shall mean:
(a) "Mobile telephone" shall mean the device used by subscribers and
other users of wireless telephone service to access such service.
(b) "Wireless telephone service" shall mean two-way real time voice
telecommunications service that is interconnected to a public switched
telephone network and is provided by a commercial mobile radio service,
as such term is defined by 47 C.F.R. § 20.3.
47 C.F.R. § 20.3 (Code of Federal Regulations)
Commercial mobile radio service. A mobile service that is: (a)(1) provided for profit, i.e., with the intent of receiving compensation or monetary gain; (2) An interconnected service; and (3) Available to the public, or to such classes of eligible users as to be effectively available to a substantial portion of the public; or (b) The functional equivalent of such a mobile service described in paragraph (a) of this section.
Under this clear definition any two-way radio that is not connected to a "public switched telephone network and is provided by a commercial mobile radio service" is not defined as a cell phone.
In New York they were careful not to include language that would imply anything other than cell phones in the law.
§ 1225-d, which involves the use of "portable electronic devices" while driving, is equally clear on its definitions and excludes Ham radios by definition.
This case will be thrown out.
IdenLarry
Former Member
I was wondering if the police office had to pick up his microphone in order to call in his motor vehicle stop?
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