-> -> -> 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,
Agreed. I never said nor implied that it was.
-> nor is a receiver that operates on 'frequencies exclusively allocated
-> to radio amateurs'.
That's a gray area. Once a receiver operates (is programmed) on the
above mentioned frequencies, AND the transmitter is present, it could be
argued that it meets the test for exemption from the section. The law
says NOTHING about the receiver being able to receive other frequencies
as well, only that the receiver has to be used with a transmitter and
receive amateur frequencies. Seem to me an "open" ham transceiver or a
scanner (used with a transmitter) meets that test.
-> 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.
That's a gray area as well. Federal law doesn't bar receiving anything,
except encrypted transmissions or certain telephone frequencies. Federal
law also says you can't divulge anything you hear or use it for personal
gain. Other than that, you can pretty much listen to what you want. Yes
local laws can outlaw scanners, but will those bans hold up under
appeal? Maybe not.
--- WILDMAIL!/WC v4.12 
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