Use Of Scanner Equipment In Commerical Vehicles

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mfbenderjr

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I cannot find any information regarding the use of frequency scanners or similar equipment in a Commerical Motor Vehicle used in Interstate Transport of Freight in the FMCSR (Federal Motor Carrier Safty Regulations) regulations book.

Does anyone have any further information on weather or not this is allowed, not allowed, ect? I know some individual states have mobile and portable scanner laws for use in their state and if you can share those as well it would be appreciated.

My only concern is having a scanner running, possibly getting pulled over or called in for a DOT inspection and being considered to have used the device in the commission of a law violation (Ect, Speeding, having the scanner in the vehicle at this time, could an officer argue you were using the scanner in commission of the act of speeding to try and dodge law enforcement?) Stranger things have happened I am sure. Thank you for any insight.
 

krokus

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Check DoT regulations, I am pretty sure that is where the restriction stems from.

If you have a your ham license, you might have some wiggle room.
 

DickH

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Check DoT regulations, I am pretty sure that is where the restriction stems from.

If you have a your ham license, you might have some wiggle room.
You people are paranoid. If you are stopped, just hit the weather button. That's why you have a scanner, right?.
 
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DaveNF2G

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A commercial vehicle is a motor vehicle. Motor vehicles and their equipment are regulated primarily by the states. Some states have different laws for trucks than for cars, such as New York, which prohibits radar detectors in larger trucks but allows them in cars. Scanners are prohibited in all classes of motor vehicle in NY state (subject to the exceptions provided in the same law).

The moral of the story is that truck drivers should be familiar with the laws in the states where they are driving.
 

UPMan

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I am not aware of any laws specifically restricting scanners in commercial vehicles (there are some that place restrictions on all vehicles in some states, though). It is the bases for the Beartracker Warning System...since radar detectors are not allowed in commercial vehicles involved in interstate commerce, this feature gives you a "heads up" if there is public safety radio activity in the near area.
 

SmitHans

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I cannot find any information regarding the use of frequency scanners or similar equipment in a Commerical Motor Vehicle used in Interstate Transport of Freight in the FMCSR (Federal Motor Carrier Safty Regulations) regulations book.
That's because there is no scanner prohibition in the FMCSR. Scanners are legal in trucks wherever they are legal in cars. If mobile scanners are prohibited where you are, you cannot use them in any vehicle, car or truck.

Does anyone have any further information on weather or not this is allowed, not allowed, ect? I know some individual states have mobile and portable scanner laws for use in their state and if you can share those as well it would be appreciated.

My only concern is having a scanner running, possibly getting pulled over or called in for a DOT inspection and being considered to have used the device in the commission of a law violation (Ect, Speeding, having the scanner in the vehicle at this time, could an officer argue you were using the scanner in commission of the act of speeding to try and dodge law enforcement?) Stranger things have happened I am sure. Thank you for any insight.
Get an Amateur radio license and you are allowed a scanner everywhere, except New York may still hassle you about it.

Without a Ham license, if you are in a state that prohibits mobile scanners, at most you will get a citation/fine. Kentucky can and does confiscate scanners or they may destroy it on the spot (or make you do it). New York used to do the same, and both NY and Florida have prohibitions on possession, meaning that just having a scanner in your vehicle, even if it isn't working is illegal.

When I drove, I used to have scanners in my trucks. I also have a Ham license so I was legal most everywhere, but I was never questioned about my radios during DOT checks.

Just make sure to turn the scanner off before the cop comes up to talk to you, and if you are anywhere else besides NY and FL, throw the thing in the sleeper ( or somewhere out of the cab to make it obvious you can't use it) before you go see the DOT inspector.

For laws, check this out:

http://www.afn.org/~afn09444/scanlaws/scanner5.html

http://www.afn.org/~afn09444/scanlaws/index.html
 

ir8ib

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That's because there is no scanner prohibition in the FMCSR. Scanners are legal in trucks wherever they are legal in cars. If mobile scanners are prohibited where you are, you cannot use them in any vehicle, car or truck.



Get an Amateur radio license and you are allowed a scanner everywhere, except New York may still hassle you about it.

Without a Ham license, if you are in a state that prohibits mobile scanners, at most you will get a citation/fine. Kentucky can and does confiscate scanners or they may destroy it on the spot (or make you do it). New York used to do the same, and both NY and Florida have prohibitions on possession, meaning that just having a scanner in your vehicle, even if it isn't working is illegal.

When I drove, I used to have scanners in my trucks. I also have a Ham license so I was legal most everywhere, but I was never questioned about my radios during DOT checks.

Just make sure to turn the scanner off before the cop comes up to talk to you, and if you are anywhere else besides NY and FL, throw the thing in the sleeper ( or somewhere out of the cab to make it obvious you can't use it) before you go see the DOT inspector.

For laws, check this out:

U.S. Scanner Laws

Mobile Scanner & RADAR Detector Laws In The U.S.

Wen i obtained learners permit for a,b,c i drove / trained with my uncle who is certified in most states as well as us d.o.t. to certify commercial drivers. been doin it for 40 years and he confirmed anyting that scans channels in a commercial vehicle is illegal. now if u have a ham license that law may differ but hes unaware of that. i have had a mobile scanner in my car for 13 yrs and also have several portables. wi state patrol and local police say as long as ur mobile is permanantly mounted it is fine and cannot be tampered with or modified. handhelds r completely legal anywhere except govt buildings and or in a vehicle. this is all just for wi. also radar detectors are illegal to have in operation but not illegal to have in ur car. did i miss anything?
 

wardaddy

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New York used to do the same, and both NY and Florida have prohibitions on possession, meaning that just having a scanner in your vehicle, even if it isn't working is illegal.
Not true for Florida.

§843.16(1), Fla. Stat. (in pertinent part)

"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. " Emphasis added.

A non-working scanner can't be "so adjusted or tuned."
 

KI4RDO

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Not true for Florida.

§843.16(1), Fla. Stat. (in pertinent part)

"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. " Emphasis added.

A non-working scanner can't be "so adjusted or tuned."
go back and read the full code section. i was just down in FL, a ham license is an exception due to the fact that ham radios have wide band receive they also cover scanners
 

wardaddy

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go back and read the full code section.
I have read the statute in its entirety numerous times and have a full and complete understanding of it. If you read my response more carefully, you will notice I specifically emphasized that I was quoting the pertinent part of the statute.
i was just down in FL, a ham license is an exception due to the fact that ham radios have wide band receive they also cover scanners
I never said having a valid amateur radio license wasn't an exception. I was responding to the post that asserted that a non-working scanner would be illegal to install or transport in a motor vehicle.
 
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DaveNF2G

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At least one person in New York has been convicted of violating the state's mobile scanner statute for having a newly purchased scanner still in its box, with a receipt, in his vehicle.
 

kg4icg

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Scanners in commercial vehicles are allowed depending on the state laws regarding use. There is no federal law prohibiting scanners. I have been commercial driving for the last 27 years. Travelled 46 of the continental 48 and 4 Canadian provinces.
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K7TKR

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Scanner law.com has all the rules for mobile scanning state by state. I too am a trucker and a Ham so the only state I worry about is New York. There are no federal prohibitions regarding mobile scanning either by the FCC or FMCSA.

Mark

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K7TKR

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Wanted to add that my 996XT is in plain site, as was my 996T, Home Patrol and a GRE500 handheld. Been leveled 1 by several states and not one word. They have to recognize the unit for what it is and basically, most enforcement personal either don't or don't care. But I also don't go out of my way to advertise it.

Mark



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Raven95150

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I drive a commercial truck for work here in MN and carry my scanner with me every day. It is illegal to have a scanner in a vehicle here in MN unless you are a LEO or have a ham radio license. I have been stopped for inspection numerous times and only once had a DOT officer question me on having the scanner. I showed him my ham license and there was no problem.

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