"Scott in Baltimore" wrote in message
...
Amateur Radio Newsline Report 1727 - September 17 2010


RADIO LAW: NY STATE HAM WINS FOR HAM RADIO IN TROY CITY
COURT
A New York State ham ticketed under the states driving while
using a cellphone law has won his case in court. This,
after a judge affirms that ham radio gear is not hone the
same as a mobile phone. We have more in this report:
--
Back on May 30th Steve Bozak, WB2IQU, of Clifton Park, New
York, was operating his station while mobile when an officer
in Troy New York pulled him over and cited him under the
states cellular phone ban while driving law. Bozak, whose
mobile was a hand held transceiver protested. Rather than
paying the $100 fine he decided to take the matter to
court. When he initially lost in Traffic Court he appealed
the matter to the Troy City Court. It was there on
September 8th that judge Matthew Turner found in Bozak's
favor and dismissed the charge.
In rendering his decision the judge found that the Vehicle
and Traffic Law defines a Mobile Telephone as a device used
by subscribers and other users of wireless telephone service
to access such services. Also that a Wireless Telephone
Service is defined as two-way real time voice
telecommunications service that is interconnected to a
public switched telephone network and is provided by
a commercial mobile radio service.
The judge then continued by noting that a review of 47
C.F.R.20.3 reveals that Citizens Band Radio Service and by
inference Amateur Radio as well is defined as a private
mobile radio service not commercial mobile radio service.
Therefore, the court found that the use of an amateur radio
device does not fit the definition of a mobile telephone as
defined under the Vehicle and Traffic Law and granted
Bozak's motion to dismiss.
For the Amateur Radio Newsline, I'm Bruce Tennant, K6PZW, in
Los Angeles.
--
At airtime, it is not known if the city of Troy will appeal
the judges decision in Bozak's favor or will simply let the
matter drop. And while there have been several attempts at
getting the law changed to specifically exclude radio
amateurs operating mobile, to date there has been no
interest on the part of the legislature to do so. This
means that any amateur cited under it has to challenge it as
Seve Bozak did or simply pay the fine. (KS4BZ, others)

Which illustrates what I am always bitching about.....The authorities will
beat you down with your own money! They will do something unconstitutional
to you, and if you want to protest it, you have to spend your own time and
money to do so. And then, they will appeal and/or do the same thing to the
next guy, and use the taxpayers money to finance their transgressions. So,
the citizenry doesn't stand a chance of a snowball in hell of ever getting
on top.