-=> Quoting Ben Bass to Bud Jamison <=-
 -> Ham licensees have no right to use a mobile scanner in a State that
 -> bans them in cars.
 BB> Well I don't know the law in your state, but the New York Vehicle and
 BB> Traffic law section (397) on scanners says, "Nothing in this section
 BB> contained shall be construed to apply to any person who holds a valid
 BB> amateur radio operator's license issued by the federal communications
 BB> commission and who operates a duly licensed portable mobile
 BB> transmitter and in connection therewith a receiver or receiving set on
 BB> frequencies exclusively allocated by the federal communications
 BB> commission to duly licensed radio amateurs."
 BB> No need to reason with a small town "Harry Handcuffs," about any
 BB> federal pre-emption. Its right in the State V&T code.
OK, let's look at the elements of that particular law for clarity.
Nothing shall be contrued to apply to a ham who:
1) Has a valid license.
2) Operates a licensed portable mobile transmitter and IN CONNECTION WITH IT:
3) Operates a receiver or receiving set ON FREQUENCIES EXCLUSIVELY ALLOCATED
   BY THE FCC TO DULY LICENSED RADIO AMATUERS.
If you want to get really picky, the law clearly doesn't allow a ham to have
a scanner in his car without a ham transmitter, nor does it allow a scanner
that is set to anything outside of the ham freqs. The clauses: "in connection
with" and "frequencies exclusively allocated by the Federal Communications
Commission to duly licensed radio amateurs" make it very clear that the
exemption only allows receiving transmissions on the ham bands and only when
a ham transmitter is present in the vehicle.
It is clearly only exempting amatuer radio gear or receivers tuned only to
the amateur radio bands.
If you tried to argue with Harry Handcuffs over a scanner in yor car and
you have no ham radio in there with it, Harry wins. He also wins if that
scanner is receiving anything outside the ham bands.
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