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#1
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No it isn't unsafe. Talking on two way radios while
driving helps people avoid accidents... it is unsafe. ny law deems it so. Federal law overrides new york law... nope. ny traffic laws rule for roads running thru ny. and there you have it everyone. Anonymous said New York law overides and overrules federal law which means that under New York state law, you are NOT allowed to do what the federal government by law REQUIRES you to do. (the purpose of the amateur radio service as listed in part 97) even thogh the federal government has consistently ruled that federal law overrides and overrules all state laws. Because New Tork state law overrides anything the federal government rules. I don't believe for a second that a cop who gets a call on the radio while driving doesn't answer what you believe is irrelevant. when you drive in ny, you will obey ny traffic laws, or you will go to jail. period. your law contradict fedeal law. By FEDERAL the FEDERAL government REQUIRES hams in all fifty states to do things you say are illegal to do. There are no such statistics. ask the insurance companies. they'll show you the stats. You're getting your supposed cell phone statistics mixed up with cb and ham radio statistics. They are two completely different things. And statistics show there is no higher risk from using two way radios while driving then if you didn't. And if there are such statistics proving there is a higher risk, then ALL built-in AM/FM car radios should also be against the law in New York state since trying to tune those while driving are MUCH MORE DANGEROUS than using a two way radio while driving. Or tuning a two way radio while driving. The builtt in AM/FM car radios are mucg more dangerous since you have to take your eyes off the road and bend over to tune them. And take off your seat belt to even reach them to tune the built-in car radios. I'm not Canadian. then you have no excuse. wrong. It's completely legal in my state. And under federal law. and federal law REQUIRES things you say are illegal. Also under law you are REQUIRED to have a working mobile ham radio in your car if you have ham plates And if you do, FEDERAL LAW REQUIRES hams to use it while driving, in certain situations. But you say new york state law overrules and preempts federal law even though the federal government has consistently ruled in many cases that federal law overrules and preempts all states laws. Of course going by what you posted so far, you'll then say those consistent rulings by the federal government in all the many cases so far that federal law always overrules and preempts state law isn't valid since New York state law ALWAYS overrules and preempts any federal law the federal government ever makes. types like you need to have your driver's license revoked, and spend 5 years in a ny prison cell. Wrong. It's completely legal in my state. And hooked to my car in a way that can not easily be uninstalled since that was the only way to install it according to what the radio instruction manual said. Besides, if you have ham plates, then under law, you are NOT allowed to uninstall the ham radio from your car. And if it's installed, under FEDERAL LAW, you are REQUIRED to use it while driving, in certain situations/ then again you'll say New York state law overrules and preempts federal law and that you are NOT allowed to do what the FEDERAL government by law REQUIRES you to do. Also if the hams listen to you and don't obey the FEDERAL law, the FEDERAL government fines the hams a bunch of money for breaking federal law. In the tens thousands dollars and hundreds thousand dollar ranges. Something most hams and I can't afford. And you still didn't answer why the cops in new york aren't arresting all the schoolbus drivvers and taxi drivers and truckers if it's illegal in new york state as you say. that is selective enforcement which is against the law. You're the reason and proof that enforcement of radio should never be given to local cops or local governments or state governments and should only be enforced by the federal government. There is no such law banning ham radio while driving in New York. and going by what you posted so far, it's very obvious that You don't even know how they work. You think that a CB, ham radio, and cell phone are all the same thing. You think that a CB radio and ham radio just dials a phone number to call someone else on the telephone the same as a cell phone. There are NO inputs on a CB radio like you think there is. so no one using a cb radio has to make any inputs to it in any way shape or form. and many other misconceptions you have about it and them. Of course, next you'll probably say to use vox on CB and ham radio. that is also AGAINST FEDERAL LAW. And both CBers and hams can be fined by the federal government for using vox since unlike with a cell phone that you think is the exact same thing as a cb and ham radio, using vox keeps the cb and ham transmitters constantly transmitting from hearing all the sounds around them, which is a BIG NO-NO UNDER FEDERAL LAW Of course you dismiss that since you say new york state overrules federal law. that STILL doesn't stop the federal government from fining hams for obeying your new york state law a bunch of money they can't afford. |
#2
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On Apr 18, 4:57*am, radioguy wrote:
No it isn't unsafe. Talking on two way radios while driving helps people avoid accidents... it is unsafe. *ny law deems it so. Federal law overrides new york law... nope. ny traffic laws rule for roads running thru ny. and there you have it everyone. Anonymous said New York law overides and overrules federal law which means that under New York state law, you are NOT allowed to do what the federal government by law REQUIRES you to do. (the purpose of the amateur radio service as listed in part 97) even thogh the federal government has consistently ruled that federal law overrides and overrules all state laws. Because New Tork state law overrides anything the federal government rules. I don't believe for a second that a cop who gets a call on the radio while driving doesn't answer what you believe is irrelevant. *when you drive in ny, you will obey ny traffic laws, or you will go to jail. *period. your law contradict fedeal law. By FEDERAL the FEDERAL government REQUIRES hams in all fifty states to do things you say are illegal to do. There are no such statistics. ask the insurance companies. *they'll show you the stats. You're getting your supposed cell phone statistics mixed up with cb and ham radio statistics. They are two completely different things. And statistics show there is no higher risk from using two way radios while driving then if you didn't. And if there are such statistics proving there is a higher risk, then ALL built-in AM/FM car radios should also be against the law in New York state since trying to tune those while driving are MUCH MORE DANGEROUS than using a two way radio while driving. Or tuning a two way radio while driving. The builtt in AM/FM car radios are mucg more dangerous since you have to take your eyes off the road and bend over to tune them. And take off your seat belt to even reach them to tune the built-in car radios. I'm not Canadian. then you have no excuse. wrong. It's completely legal in my state. And under federal law. and federal law REQUIRES things you say are illegal. Also under law you are REQUIRED to have a working mobile ham radio in your car if you have ham plates And if you do, FEDERAL LAW REQUIRES hams to use it while driving, in certain situations. But you say new york state law overrules and preempts federal law even though the federal government has consistently ruled in many cases that federal law overrules and preempts all states laws. Of course going by what you posted so far, you'll then say those consistent rulings by the federal government in all the many cases so far that federal law always overrules and preempts state law isn't valid since New York state law ALWAYS overrules and preempts any federal law the *federal government ever makes. types like you need to have your driver's license revoked, and spend 5 years in a ny prison cell. Wrong. It's completely legal in my state. And hooked to my car in a way that can not easily be uninstalled since that was the only way to install it according to what the radio instruction manual said. Besides, if you have ham plates, then under law, you are NOT allowed to uninstall the ham radio from your car. And if it's installed, under FEDERAL LAW, you are REQUIRED to use it while driving, in certain situations/ then again you'll say New York state law overrules and preempts federal law and that you are NOT allowed to do what the FEDERAL government by law REQUIRES you to do. Also if the hams listen to you *and don't obey the FEDERAL law, the FEDERAL government fines the hams a bunch of money for breaking federal law. In the tens thousands dollars and hundreds thousand dollar ranges. Something most hams and I can't afford. And you still didn't answer why the cops in new york aren't arresting all the schoolbus drivvers and taxi drivers and truckers if it's illegal in new york state as you say. that is selective enforcement which is against the law. You're the reason and proof that enforcement of radio should never be given to local cops or local governments or state governments and should only be enforced by the federal government. There is no such law banning ham radio while driving in New York. and going by what you posted so far, it's very obvious that You don't even know how they work. You think that a CB, ham radio, and cell phone *are all the same thing. You think that a CB radio and ham radio just dials a phone number to call someone else on the telephone the same as a cell phone. There are NO inputs on a CB radio like you think there is. so no one using a cb radio has to make any inputs to it in any way shape or form. and many other misconceptions you have about it and them. Of course, next you'll probably say to use vox on CB and ham radio. that is also AGAINST FEDERAL LAW. And both CBers and hams can be fined by the federal government for using vox since unlike with a cell phone that you think is the exact same thing as a cb and ham radio, using vox keeps the cb and ham transmitters constantly transmitting from hearing all the sounds around them, which is a BIG NO-NO UNDER FEDERAL LAW Of course you dismiss that since you say new york state overrules federal law. that STILL doesn't stop the federal government from fining hams for obeying your new york state law a bunch of money they can't afford. |
#3
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On Sat, 18 Apr 2009 02:03:27 -0700 (PDT), radioguy
wrote: On Apr 18, 4:57*am, radioguy wrote: No it isn't unsafe. Talking on two way radios while driving helps people avoid accidents... it is unsafe. *ny law deems it so. Federal law overrides new york law... nope. ny traffic laws rule for roads running thru ny. and there you have it everyone. Anonymous said New York law overides and overrules federal law which means that under New York state law, you are NOT allowed to do what the federal government by law REQUIRES you to do. (the purpose of the amateur radio service as listed in part 97) even thogh the federal government has consistently ruled that federal law overrides and overrules all state laws. Because New Tork state law overrides anything the federal government rules. I don't believe for a second that a cop who gets a call on the radio while driving doesn't answer what you believe is irrelevant. *when you drive in ny, you will obey ny traffic laws, or you will go to jail. *period. your law contradict fedeal law. By FEDERAL the FEDERAL government REQUIRES hams in all fifty states to do things you say are illegal to do. There are no such statistics. ask the insurance companies. *they'll show you the stats. You're getting your supposed cell phone statistics mixed up with cb and ham radio statistics. They are two completely different things. And statistics show there is no higher risk from using two way radios while driving then if you didn't. And if there are such statistics proving there is a higher risk, then ALL built-in AM/FM car radios should also be against the law in New York state since trying to tune those while driving are MUCH MORE DANGEROUS than using a two way radio while driving. Or tuning a two way radio while driving. The builtt in AM/FM car radios are mucg more dangerous since you have to take your eyes off the road and bend over to tune them. And take off your seat belt to even reach them to tune the built-in car radios. I'm not Canadian. then you have no excuse. wrong. It's completely legal in my state. And under federal law. and federal law REQUIRES things you say are illegal. Also under law you are REQUIRED to have a working mobile ham radio in your car if you have ham plates And if you do, FEDERAL LAW REQUIRES hams to use it while driving, in certain situations. But you say new york state law overrules and preempts federal law even though the federal government has consistently ruled in many cases that federal law overrules and preempts all states laws. Of course going by what you posted so far, you'll then say those consistent rulings by the federal government in all the many cases so far that federal law always overrules and preempts state law isn't valid since New York state law ALWAYS overrules and preempts any federal law the *federal government ever makes. types like you need to have your driver's license revoked, and spend 5 years in a ny prison cell. Wrong. It's completely legal in my state. And hooked to my car in a way that can not easily be uninstalled since that was the only way to install it according to what the radio instruction manual said. Besides, if you have ham plates, then under law, you are NOT allowed to uninstall the ham radio from your car. And if it's installed, under FEDERAL LAW, you are REQUIRED to use it while driving, in certain situations/ then again you'll say New York state law overrules and preempts federal law and that you are NOT allowed to do what the FEDERAL government by law REQUIRES you to do. Also if the hams listen to you *and don't obey the FEDERAL law, the FEDERAL government fines the hams a bunch of money for breaking federal law. In the tens thousands dollars and hundreds thousand dollar ranges. Something most hams and I can't afford. And you still didn't answer why the cops in new york aren't arresting all the schoolbus drivvers and taxi drivers and truckers if it's illegal in new york state as you say. that is selective enforcement which is against the law. You're the reason and proof that enforcement of radio should never be given to local cops or local governments or state governments and should only be enforced by the federal government. There is no such law banning ham radio while driving in New York. and going by what you posted so far, it's very obvious that You don't even know how they work. You think that a CB, ham radio, and cell phone *are all the same thing. You think that a CB radio and ham radio just dials a phone number to call someone else on the telephone the same as a cell phone. There are NO inputs on a CB radio like you think there is. so no one using a cb radio has to make any inputs to it in any way shape or form. and many other misconceptions you have about it and them. Of course, next you'll probably say to use vox on CB and ham radio. that is also AGAINST FEDERAL LAW. And both CBers and hams can be fined by the federal government for using vox since unlike with a cell phone that you think is the exact same thing as a cb and ham radio, using vox keeps the cb and ham transmitters constantly transmitting from hearing all the sounds around them, which is a BIG NO-NO UNDER FEDERAL LAW Of course you dismiss that since you say new york state overrules federal law. that STILL doesn't stop the federal government from fining hams for obeying your new york state law a bunch of money they can't afford. Totally frickin wrong on all accounts. Federal law supercedes any like state law. If a federal law says it is legal, no state may make it illegal. And vice versa. Ham radio license plates are issued by many states as vanity plates. Anyone can drive these vehicles without the requirement of having a ham radio in the vehicle. IIRC the NY law says, "NO hand held devices". As most CB's are dash mounted, they would not meet the law. VOX stands for voice operated, which means in most cases, a driver would be wearing a headset and thus not have anything in his hands. VOX is perfectly legal under federal law. Most modern portable ham radios also have external mikes, much like police units do. So I do not believe one would be cited under the NY law. |
#4
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#5
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New York State
Department of Motor Vehicles Custom Plate Gallery - Emergency Services # Eligible Vehicles: All vehicles that are registered in NYS as a passenger class vehicle or as a commercial class vehicle are eligible. (Note: Commercial plates must display the word "COMMERCIAL".) Certain custom plates are available for Motorcycles that are registered in NYS (refer to the plate gallery). # Eligible Persons: An organization can require you to prove that you are eligible to use the organization picture plates (refer to the plate gallery). Certain organization picture plates must be ordered through the organization or the Custom Plates Unit only. Ham Radio Operator Requirements: copy of license issued by FCC. $23/$5 ----- § 397 § 397. Equipping motor vehicles with radio receiving sets capable of receiving signals on the frequencies allocated for police use. A person, not a police officer or peace officer, acting pursuant to his special duties, who equips a motor vehicle with a radio receiving set capable of receiving signals on the frequencies allocated for police use or knowingly uses a motor vehicle so equipped or who in any way knowingly interferes with the transmission of radio messages by the police without having first secured a permit so to do from the person authorized to issue such a permit by the local governing body _ or board of the city. town or village in which such person resides, or where such person resides outside of a city or village in a county having a county police department by the board of supervisors of such county, is guilty of a misdemeanor, punishable by a tine not exceeding one thousand dollars, or imprisonment not exceeding six months, or both. Nothing in this section contained shall be construed to apply to any person who holds a valid amateur radio operators license issued by the federal communications commission and who operates a duly licensed portable mobile transmitter and in connection therewith a receiver or receiving set on frequencies exclusively allocated by the federal communications commission to duly licensed radio amateurs. § 397-a. Radar detectors prohibited. 1. No radar detector shall be used in any motor vehicle with a gross vehicle weight rating of more than eighteen thousand pounds. The presence in such vehicle of a radar detector connected to a power source and in an operable condition is presumptive evidence of its use by any person operating such vehicle. Such presumption shall be rebutted by any credible and reliable evidence which tends to show that such radar detector was not in use. 2. The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a radar detector, unless otherwise provided by law. 3. A violation of the provisions of this section shall constitute a traffic infraction punishable by a tine of not less than twenty-five nor more than one hundred dollars. § 397-h. Vehicle leases that are not sales or security interests. Notwithstanding any other provision of law, in the case of motor vehicles or trailers which are not vehicles or trailers leased or used primarily for personal, family, or household purposes, a transaction does not create a conditional sale or security interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer. -208- |
#6
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On Apr 18, 11:07*am, Martin Martino
wrote: radioguy wrote in news:f4c928f8-1b0f-4357-b84b- : Also under law you are REQUIRED to have a working mobile ham radio in your car if you have ham plates And if you do, FEDERAL LAW REQUIRES hams to use it while driving, in certain situations. Besides, if you have ham plates, then under law, you are NOT allowed to uninstall the ham radio from your car. There is NO law in New York State (or any other state that I am aware of), which requires one to have a "working mobile ham radio" in a vehicle which has ham radio plates. Oregon, Alaska, North Carolina, Texas, Virginia, and Missouri all by law, REQUIRE hams to have a ham radio installed in their vehicle if they have ham platetes And probably some other states also. And under FEDERAL LAW must answer even if they're driving if they hear someone call an emergency on one of the ham channels they know they can help by answering if no one else answers. Not ddoing so goes against the first purpose of the amateur radio service as listed in part 97 of FEDERAL communications commission rules. and can result in them getting fined. And FEDERAL law overrules all state law despite you saying New York state law overrules all FEDERAL law. You seem to have a bad habit of just making stuff up, and then posting your fantasies as "facts". |
#7
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Steve Stone wrote in
: New York State Department of Motor Vehicles Custom Plate Gallery - Emergency Services # Eligible Vehicles: All vehicles that are registered in NYS as a passenger class vehicle or as a commercial class vehicle are eligible. (Note: Commercial plates must display the word "COMMERCIAL".) Certain custom plates are available for Motorcycles that are registered in NYS (refer to the plate gallery). # Eligible Persons: An organization can require you to prove that you are eligible to use the organization picture plates (refer to the plate gallery). Certain organization picture plates must be ordered through the organization or the Custom Plates Unit only. Ham Radio Operator Requirements: copy of license issued by FCC. $23/$5 ----- § 397 § 397. Equipping motor vehicles with radio receiving sets capable of receiving signals on the frequencies allocated for police use. A person, not a police officer or peace officer, acting pursuant to his special duties, who equips a motor vehicle with a radio receiving set capable of receiving signals on the frequencies allocated for police use or knowingly uses a motor vehicle so equipped or who in any way knowingly interferes with the transmission of radio messages by the police without having first secured a permit so to do from the person authorized to issue such a permit by the local governing body _ or board of the city. town or village in which such person resides, or where such person resides outside of a city or village in a county having a county police department by the board of supervisors of such county, is guilty of a misdemeanor, punishable by a tine not exceeding one thousand dollars, or imprisonment not exceeding six months, or both. Nothing in this section contained shall be construed to apply to any person who holds a valid amateur radio operators license issued by the federal communications commission and who operates a duly licensed portable mobile transmitter and in connection therewith a receiver or receiving set on frequencies exclusively allocated by the federal communications commission to duly licensed radio amateurs. § 397-a. Radar detectors prohibited. 1. No radar detector shall be used in any motor vehicle with a gross vehicle weight rating of more than eighteen thousand pounds. The presence in such vehicle of a radar detector connected to a power source and in an operable condition is presumptive evidence of its use by any person operating such vehicle. Such presumption shall be rebutted by any credible and reliable evidence which tends to show that such radar detector was not in use. 2. The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a radar detector, unless otherwise provided by law. 3. A violation of the provisions of this section shall constitute a traffic infraction punishable by a tine of not less than twenty-five nor more than one hundred dollars. § 397-h. Vehicle leases that are not sales or security interests. Notwithstanding any other provision of law, in the case of motor vehicles or trailers which are not vehicles or trailers leased or used primarily for personal, family, or household purposes, a transaction does not create a conditional sale or security interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer. -208- Yes, every NYS ham should be familiar with part 397. Being able to quote the specific V&TL section could come in handy should an "issue" ever arise during a traffic stop. While 397 specifically permits licensed hams to equip their vehicles with 2-way radio gear, there is nothing in the section that REQUIRES a vehicle have mobile ham radio equipment on board as a condition of having ham radio license plates. (As "radioguy" claims) |
#8
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In rec.radio.amateur.policy radioguy wrote:
Oregon, Alaska, North Carolina, Texas, Virginia, and Missouri all by law, REQUIRE hams to have a ham radio installed in their vehicle if they have ham platetes Got a reference to the relevant statutes? snip babble Are you drunk, on drugs, insane, or just blazingly stupid? -- Jim Pennino Remove .spam.sux to reply. |
#9
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On Apr 18, 5:37*pm, Steve Stone wrote:
* New York State * Department of Motor Vehicles * Custom Plate Gallery - Emergency Services Ham Radio Operator Requirements: copy of license issued by FCC. * *$23/$5 ----- § 397 § 397. Equipping motor vehicles with radio receiving sets capable of receiving signals on the frequencies allocated for police use. A person, not a police officer or peace officer, acting pursuant to his special duties, who equips a motor vehicle with a radio receiving set capable of receiving signals on the frequencies allocated for police use or knowingly uses a motor vehicle so equipped or who in any way knowingly interferes with the transmission of radio messages by the police without having first secured a permit so to do from the person authorized to issue such a permit by the local governing body _ or board of the city. town or village in which such person resides, or where such person resides outside of a city or village in a county having a county police department by the board of supervisors of such county, is guilty of a misdemeanor, punishable by a tine not exceeding one thousand dollars, or imprisonment not exceeding six months, or both. Nothing in this section contained shall be construed to apply to any person who holds a valid amateur radio operators license issued by the federal communications commission and who operates a duly licensed portable mobile transmitter and in connection therewith a receiver or receiving set on frequencies exclusively allocated by the federal communications commission to duly licensed radio amateurs. § 397-a. Radar detectors prohibited. 1. No radar detector shall be used in any motor vehicle with a gross vehicle weight rating of more than eighteen thousand pounds. The presence in such vehicle of a radar detector connected to a power source and in an operable condition is presumptive evidence of its use by any person operating such vehicle. Such presumption shall be rebutted by any credible and reliable evidence which tends to show that such radar detector was not in use. What happened to the FEDERAL law that states states must recognize other state's laws and vehicle equipment installations as legal? Yours contradicts both the other states and FEDERAL law. If you have ham plates, then Alaska, Oregon, North Carolina, Texas, Virginia, and Missouri ALL REQUIRE that you MUST have ham radio equipment INSTALLED in the vehicle. And most cities, countis, and police departments in other states do not issue any such documents as you say New York requires. People do go on vacation to other states. And since many people can only afford one car, what if it's the ham's wife driving the car thrugh New York without him. Of course, she isnt going to have any such document as you say New York requires even if his locality did issue such a document to him. Which most don't because the plates are proof enough. And of course, she wouldn't have a radio liscense like he does. Plus SOME states by law put a design in the middle of the ham plate letters. And I've seen posts saying that's illegal in New York to have a design in the middle of your ha call letters on your ham plates, and if you drive through there like that, you will get arrested eveen more. So that is saying that sdome hams are NOT allowed to drive their perfectly legal cars with theirperfectly legal ham call plates through New York state because some states require a design like a lightning bolt on the ham plates in the middle of the call letters. And you all probably don't even know how to run ham plates. SOME states allow the exact same call plates on multiple vehicles. That is, no -1, -2, -3 like New York requires. I saw posts saying that is illegal in New York to have any vehicle with ham plates like that registered to multiple vehicles even if you're from out of state. Since when does New York state law OVERRULE Federal law? The FEDERAL law about states must recognize other state's laws about license plates, stickers, sticker placement, and equipment installation in vehicles as legal if it's legal in the state the car and driver are registered in is still in effect and valid. And what about a large family of hams who the whole family has gotten ham liscenses and has all their vehicles registered with the exact same ham call plate, perfctly legal in their home state who then must tak and drive two or all three of their cars on vacation through New York state in order to legally fit them in the cars. It's illegal in my state to have a car overcrowded with too many people. Four or six is the limit depending on how many seatbelts there are and the size of the vehicle, 2 door or 3 door. And some vehicles only seat two people, like some pickup trucks or some small cars. 2. * * *The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a radar detector, unless otherwise provided by law. 3. * * *A violation of the provisions of this section shall constitute a traffic infraction punishable by a tine of not less than twenty-five nor more than one hundred dollars. § 397-h. Vehicle leases that are not sales or security interests. Notwithstanding any other provision of law, in the case of motor vehicles or trailers which are not vehicles or trailers leased or used primarily for personal, family, or household purposes, a transaction does not create a conditional sale or security interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer. -208- |
#10
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On Apr 19, 12:15*am, wrote:
In rec.radio.amateur.policy radioguy wrote: Oregon, Alaska, North Carolina, Texas, Virginia, and Missouri all by law, REQUIRE hams to have a ham radio installed in their vehicle if they have ham platetes Got a reference to the relevant statutes? http://www.arrl.org/FandES/field/reg...al/plates.html snip babble Are you drunk, on drugs, insane, or just blazingly stupid? -- Jim Pennino Remove .spam.sux to reply. |
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