Scanner on my car and Florida law

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cdesigns

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I haven't been able to get a straight answer in other sites, does anyone knows if its legal to carry an scanner in my car if I have a GMRS license?

I know you can have an scanner with HAM, and other types of licenses, but does also applies to GMRS licenses?

This is the only info I have found but still I'm not sure

From Wiki:

Certain states in the U.S., such as New York and Florida, prohibit the use of scanners in a vehicle unless the operator has a radio license issued from the FCC (Amateur Radio, etc.) or the operator's job requires the use of a scanner in a vehicle (e.g., police, fire, utilities).
 

ka3jjz

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I could be wrong here (I'll get nailed for it if I am) but I think the 'other licenses' refers to things like news gathering ops, sheriffs and so on. I'm unsure if GMRS would qualify....73 Mike
 

fredrick

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best advise that i have would be pickup the phone and call the local or state agency im certain you would get your answer there
 

cdesigns

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I could be wrong here (I'll get nailed for it if I am) but I think the 'other licenses' refers to things like news gathering ops, sheriffs and so on. I'm unsure if GMRS would qualify....73 Mike
For me the GMRS License is just like any other FCC license it lets you transmit in your assigned frequencies, differences are taking a test or not, you have rules to follow on GMRS also just like in HAM licenses, but I ask because if I a cop stops me and sees my scanner I want to make sure I have the right to have it installed on my car. :D

Heck my scanner is not even a trunking scanner I use it for GMRS scanning.
 

cdesigns

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Ok check this out, they say Amateur or any other FCC Station License.

here is a pic of my GMRS License. It clearly says RADIO STATION AUTHORIZATION, so it qualifies as a FCC Station License right? I will keep a copy of the license on my car just in case, my scanner doesn't do trunking scanning and it's not digital either Orlando Police is Digital trunking, I will be scanning mainly GMRS and maybe one or two mc donalds frequencies :D

If I get in trouble you guys will be the first to know :D

 

WouffHong

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Ham: yes. CB/GMRS/FRS: nope..

I haven't been able to get a straight answer in other sites, does anyone knows if its legal to carry an scanner in my car if I have a GMRS license?

I know you can have an scanner with HAM, and other types of licenses, but does also applies to GMRS licenses?

This is the only info I have found but still I'm not sure

From Wiki:

Certain states in the U.S., such as New York and Florida, prohibit the use of scanners in a vehicle unless the operator has a radio license issued from the FCC (Amateur Radio, etc.) or the operator's job requires the use of a scanner in a vehicle (e.g., police, fire, utilities).

The quote:

(3) This section shall not apply to any holder of a valid
3749 amateur radio operator or station license issued by the Federal
3750 Communications Commission or to any recognized newspaper or news
3751 publication engaged in covering the news on a full-time basis or
3752 any alarm system contractor certified pursuant to part II of
3753 chapter 489, operating a central monitoring system.

The Station license refers to "amateur radio operator or station license" not any license, as there is a duality of license in the Amateur Radio Service..

QUOTE:

TITLE 47--TELECOMMUNICATION
CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
PART 97_AMATEUR RADIO SERVICE--Table of Contents
Subpart A_General Provisions
Sec. 97.5 Station license required.
(b) The types of station license grants are:
(1) An operator/primary station license grant. One, but only one,
operator/primary station license grant may be held by any one person.
The primary station license is granted together with the amateur
operator license.

We went through this in FL a few years back to the same result.
Ham: yes. CB/GMRS/FRS: Nope..

But it's a free country (relatively :) ), so innocent until proven guilty. :wink:

Wouff
 

kayleesdad

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Get the Ham technician license, it's pretty easy and free if you get it from some local ham clubs. GMRS probably won't do it. No need for tickets or worries about getting property back on top of the other ticket you might be getting. And if you don't have the license, maybe just keep it out of plain sight if the occasion arises. But be careful, i've had some authorities pull up along side and take a pretty long look at it. And of course turn down the volume if its connected to your stereo when the windows are down so as not to distract anyone from their job.
 

cdesigns

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The quote:

(3) This section shall not apply to any holder of a valid
3749 amateur radio operator or station license issued by the Federal
3750 Communications Commission or to any recognized newspaper or news
3751 publication engaged in covering the news on a full-time basis or
3752 any alarm system contractor certified pursuant to part II of
3753 chapter 489, operating a central monitoring system.

The Station license refers to "amateur radio operator or station license" not any license, as there is a duality of license in the Amateur Radio Service..

QUOTE:

TITLE 47--TELECOMMUNICATION
CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
PART 97_AMATEUR RADIO SERVICE--Table of Contents
Subpart A_General Provisions
Sec. 97.5 Station license required.
(b) The types of station license grants are:
(1) An operator/primary station license grant. One, but only one,
operator/primary station license grant may be held by any one person.
The primary station license is granted together with the amateur
operator license.

We went through this in FL a few years back to the same result.
Ham: yes. CB/GMRS/FRS: Nope..

But it's a free country (relatively :) ), so innocent until proven guilty. :wink:

Wouff

My FCC GMRS license says RADIO STATION AUTHORIZATION, is under my name and like Amateur radio I have to follow rules or I can get my license taken away, Florida law says if you have a FCC Radio Station License is OK to have an scanner in your car, they don't specify what stations are not allowed.

And we can't put CB or FRS in this because they don't need a license, they might be an station while they transmit but they don't have a FCC license :D

Either way, I have Aced several online HAM exams so now that I have time I will take time to take the normal exam and get my technician license .:D
 

N4DES

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If it said: This section shall not apply to any holder of a valid
3749 amateur radio operator or other station licenses issued by the Federal
3750 Communications Commission
, then I would say yes, but the actual law is clear, just amateur radio.

And actually the law originally implied that hams could have "radios capable of receiving police transmissions, which they still can for those agencies who are still conventional and not encrypted. The law's original intent wasn't to allow for frequency agile scanners to be able to utilized in vehicles, but it just seemed to of worked out that way over time.
 

cdesigns

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If it said: This section shall not apply to any holder of a valid
3749 amateur radio operator or other station licenses issued by the Federal
3750 Communications Commission
, then I would say yes, but the actual law is clear, just amateur radio.

And actually the law originally implied that hams could have "radios capable of receiving police transmissions, which they still can for those agencies who are still conventional and not encrypted. The law's original intent wasn't to allow for frequency agile scanners to be able to utilized in vehicles, but it just seemed to of worked out that way over time.
The law says FCC licenses like amateur radio, ETC.

That ETC. could be GMRS also. It doesnt say amateur only but it doesnt specify the others either.
 

auxscan

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NYS has the same the same problems, i've heard of hams being ticketed for having a scanner in the auto. However most hams have their scanners confenscated. if i was you i would get a dual-band radio from yeasu or something. since it could be excuse when operating under a ham or gmrs license. i'm a police reserve and volly emt so i usaully carry a portable while in the car. once i got pulled over and officers asked to see my radio. they played around with it even though all my public safety are rx only. i showed them my badge and we had a friendly talk.

to answer your question your best bet is to get a dual-band ht. since its considered a ham/gmrs transiver not a scanner.
 

kayleesdad

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wow, those are some tough NY laws. Ham emergency response networks seem pretty useful and scanners can help gain knowledge of current events to help coordinate their activities, so I like the exception for hams. of course, the law could be narrowed to ensure scanners are only used for those activities, but I hope the exception is not narrowed.
 

N4DES

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The law says FCC licenses like amateur radio, ETC.

That ETC. could be GMRS also. It doesnt say amateur only but it doesnt specify the others either.
Then it would be up to you to convince the judge otherwise, but law does does not say "like amateur radio". Don't try to spin it.
 

auxscan

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wow, those are some tough NY laws. Ham emergency response networks seem pretty useful and scanners can help gain knowledge of current events to help coordinate their activities, so I like the exception for hams. of course, the law could be narrowed to ensure scanners are only used for those activities, but I hope the exception is not narrowed.
yeah they are hard. also the law is very poorly written in nys. i say just keep it out of sight when driving. you don't wanna attract attention.
 

kf4sek

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I have been stopped before, even as a non-amateur radio operator and, for the most part, cops could care less if you have a scanner on your person or car. Just turn it off or down if stopped. As long as the scanner does not distract you from paying attention to the officer, most will not care. There are the occasional ones that ask why you have one. The easy way to get out of confiscation is to explain that it is used for listening to the National Weather Service in case of storm activity in the area.

The law is there because they have had people go to the scene of a crime and/or accident and get in the way. The news agencies have the right to be at the scene because it is their job to report the incident. The amateur radio operators are excluded because most help in search and rescue and other police-involved events.

My final thought on the whole thing; just turn it off and no cop should bother you about it.
 
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ElroyJetson

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Straight from the Florida statutes as of right now: (Edited for brevity)

843.16 Unlawful to install or transport radio equipment using assigned frequency of state or law enforcement officers; definitions; exceptions; penalties.--

(1) A person, firm, or corporation may not install or transport in any motor vehicle or business establishment, except an emergency vehicle or crime watch vehicle as herein defined or a place established by municipal, county, state, or federal authority for governmental purposes, any frequency modulation radio receiving equipment so adjusted or tuned as to receive messages or signals on frequencies assigned by the Federal Communications Commission to police or law enforcement officers or fire rescue personnel of any city or county of the state or to the state or any of its agencies. Provided, nothing herein shall be construed to affect any radio station licensed by the Federal Communications System or to affect any recognized newspaper or news publication engaged in covering the news on a full-time basis or any alarm system contractor certified pursuant to part II of chapter 489, operating a central monitoring system.



(3) This section does not apply to the following:

(a) Any holder of a valid amateur radio operator or station license issued by the Federal Communications Commission.


There is some ambiguity about the "OR" part. Is it intended to mean, holder of a valid amateur
radio operator's license or amateur radio station license, or, is it intended to mean, holder of a
valid amateur radio operator's license OR ANY OTHER TYPE OF STATION LICENSE issued by
the FCC?


It hasn't come up to a court case in a long time but I asked a few attorneys about this once, and they
held the view that the way it's worded, any FCC station license should be sufficient. Show them an
FCC-issued license...ANY license...and the case is likely to be tossed out without hesitation.

This law is a classic case of a law written by someone who doesn't fully understand what he's written,
as it is rather ambiguous in its intended meaning.

Elroy
 

auxscan

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Straight from the Florida statutes as of right now: (Edited for brevity)

843.16 Unlawful to install or transport radio equipment using assigned frequency of state or law enforcement officers; definitions; exceptions; penalties.--

(1) A person, firm, or corporation may not install or transport in any motor vehicle or business establishment, except an emergency vehicle or crime watch vehicle as herein defined or a place established by municipal, county, state, or federal authority for governmental purposes, any frequency modulation radio receiving equipment so adjusted or tuned as to receive messages or signals on frequencies assigned by the Federal Communications Commission to police or law enforcement officers or fire rescue personnel of any city or county of the state or to the state or any of its agencies. Provided, nothing herein shall be construed to affect any radio station licensed by the Federal Communications System or to affect any recognized newspaper or news publication engaged in covering the news on a full-time basis or any alarm system contractor certified pursuant to part II of chapter 489, operating a central monitoring system.



(3) This section does not apply to the following:

(a) Any holder of a valid amateur radio operator or station license issued by the Federal Communications Commission.


There is some ambiguity about the "OR" part. Is it intended to mean, holder of a valid amateur
radio operator's license or amateur radio station license, or, is it intended to mean, holder of a
valid amateur radio operator's license OR ANY OTHER TYPE OF STATION LICENSE issued by
the FCC?


It hasn't come up to a court case in a long time but I asked a few attorneys about this once, and they
held the view that the way it's worded, any FCC station license should be sufficient. Show them an
FCC-issued license...ANY license...and the case is likely to be tossed out without hesitation.

This law is a classic case of a law written by someone who doesn't fully understand what he's written,
as it is rather ambiguous in its intended meaning.

Elroy
your so right it seems most laws regarding scanner are poorly witten just like here in new york. they should really update it or re-write it lol.
 

cdesigns

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Straight from the Florida statutes as of right now: (Edited for brevity)

843.16 Unlawful to install or transport radio equipment using assigned frequency of state or law enforcement officers; definitions; exceptions; penalties.--

(1) A person, firm, or corporation may not install or transport in any motor vehicle or business establishment, except an emergency vehicle or crime watch vehicle as herein defined or a place established by municipal, county, state, or federal authority for governmental purposes, any frequency modulation radio receiving equipment so adjusted or tuned as to receive messages or signals on frequencies assigned by the Federal Communications Commission to police or law enforcement officers or fire rescue personnel of any city or county of the state or to the state or any of its agencies. Provided, nothing herein shall be construed to affect any radio station licensed by the Federal Communications System or to affect any recognized newspaper or news publication engaged in covering the news on a full-time basis or any alarm system contractor certified pursuant to part II of chapter 489, operating a central monitoring system.



(3) This section does not apply to the following:

(a) Any holder of a valid amateur radio operator or station license issued by the Federal Communications Commission.


There is some ambiguity about the "OR" part. Is it intended to mean, holder of a valid amateur
radio operator's license or amateur radio station license, or, is it intended to mean, holder of a
valid amateur radio operator's license OR ANY OTHER TYPE OF STATION LICENSE issued by
the FCC?


It hasn't come up to a court case in a long time but I asked a few attorneys about this once, and they
held the view that the way it's worded, any FCC station license should be sufficient. Show them an
FCC-issued license...ANY license...and the case is likely to be tossed out without hesitation.

This law is a classic case of a law written by someone who doesn't fully understand what he's written,
as it is rather ambiguous in its intended meaning.

Elroy
That's my point, it says Amateur radio OR STATION LICENSE issued by the FCC.

The way the law is writen right now tells me I can have an scanner on my car with my GMRS license. I will use my handheld on my car until the law changes, and when I get my technitian license then I wouldn't car as much I will have 2 licenses to show the officer hehe :D
 

SCPD

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If you have a valid FCC license then you can have a receiver that is capable of tuning into the forbidden frequencies. For the average citizen the best solution is to get a technician amateur radio license and buy a two meter radio hand held radio used for $100.00, who knows you may need to use one during a hurricane, throw it in your glove box. Program at least one frequency in the scanner that is on the ham bands. Say 146.000 with DCS 023 or PL 100.0 so that the radio receiver is part of your ham radio station use to qualify for the federal exemption. Remember the Federal laws & FCC Regs and State laws are different jurisdictions.
 

N4DES

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That's my point, it says Amateur radio OR STATION LICENSE issued by the FCC.

The way the law is writen right now tells me I can have an scanner on my car with my GMRS license. I will use my handheld on my car until the law changes, and when I get my technitian license then I wouldn't car as much I will have 2 licenses to show the officer hehe :D
So for clarification would you rather it say, Amateur radio OR AMATEUR RADIO station license issued by the FCC? That is redundent and what you wrote above isn't the intent of the law. Both mean amateur radio license issued by the FCC.

Do youself a favor and get a technician class AR license, if you don't have one, then you won't have to worry about anything. It is so easy now even a caveman can do it.

If you like I will go back to my legislative contact and have "station license" totally removed from the law in the future so there is no further discussion and you will have no choice except to get an AR license to legally transport a scanner in your vehicle.
 
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