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* Court kicks New York ham's "police radio" case: A New York court has
dismissed a misdemeanor charge against ARRL member Richard C. "Dick" Lalone, KC5GAX, for violating §397 of that state's Vehicle and Traffic Law. That section prohibits individuals other than law officers from equipping their vehicles with radios "capable of receiving signals on the frequencies allocated for police use" without first securing a permit. The section, which also prohibits knowingly interfering with police transmissions, contains an explicit exemption for "any person who holds a valid amateur radio operator's license . . . and who operates a duly licensed portable mobile transmitter and in connection therewith a receiver or receiving set on frequencies exclusively allocated . . . to duly licensed radio amateurs." In a nearly 1300-word decision, Judge John J. Hallet said it was clear the legislature never intended the provisions of §397 from applying to licensed Amateur Radio operators, and he dismissed the charge August 5. Susan Terry, KF4SUE, a former New York assistant attorney general, represented Lalone. ARRL President Jim Haynie, W5JBP, ARRL General Counsel Chris Imlay, W3KD, and ARRL Regulatory Information Specialist John Hennessee, N1KB, provided advice or assistance to Lalone. I like THIS one. AW, poor cop, no donut. LOL!!! Jerry |
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