-=> Quoting Tom Walker to Bud Jamison <=-
 -> -> -> Ham licensees have no right to use a mobile scanner in a State
 -> -> -> bans them in cars.
 -> -> Well I don't know the law in your state, but the New York Vehicle
 -> -> Traffic law section (397) on scanners says, "Nothing in this secti
 -> -> contained shall be construed to apply to any person who holds a va
 -> -> amateur radio operator's license issued by the federal communicati
 -> -> commission and who operates a duly licensed portable mobile
 -> -> transmitter and in connection therewith a receiver or receiving se
 -> -> on frequencies exclusively allocated by the federal communications
 -> -> commission to duly licensed radio amateurs."
 ->
 -> A 'duly licensed' transmitter is NOT a scanner, nor is a receiver
 -> that operates on 'frequencies exclusively allocated to radio
 -> amateurs'. FCC regulations, which supercede local laws, ONLY cover
 -> Ham radios, NOT scanners. Local laws CAN outlaw scanners in cars,
 -> and the Feds don't get involved.
 TW> And in many states that is the Actual Case. In those States you need
 TW> to have a Wide Band HAM unit to get your Scanning capabilities in a
 TW> Vehicle. And of Course have the HAM licence.
But the law we are talking about DOESN'T exempt hams from the scanners in
vehicles law. Scanners being a seperate reciever capable of receiving signals
outside the ham bands. It's obviously still a no-no to have a seperate
scanner in that car, and nothing in that law says a ham can scan outside
the ham bands in his vehicle. If he has HAM GEAR that can wide-band scan,
it comes under the FCC pre-emption and he's safe...but he'll have to have
a copy of that PRB ruling to show the cop or the cop ain't gonna believe him.
But that seperate scanner is STILL prohibited to him. That gear isn't part
of the Federal pre-emption.
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