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#11
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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. |
#12
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radioguy wrote in
: 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 whic h 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 .. Oregon only requires ham radio applicants show proof of eligibility for ham radio plates by submitting a copy of their license when they apply for the plates. http://www.oregon.gov/ODOT/DMV/vehic...ular.shtml#ham Alaska only requires ham radio applicants show proof of eligibility for ham radio plates by submitting a copy of their license when they apply for the plates. http://www.state.ak.us/dmv/plates/amradio.htm Missouri only requires ham radio applicants show proof of eligibility for ham radio plates by submitting a copy of their license when they apply for the plates. http://dor.mo.gov/mvdl/motorv/forms/838.pdf I can't access the North Caroline DMV at the moment. I'll give you that Texas and Virginia do indeed indicate (on their ham license plate applications) that the applicant must show proof of a valid amateur radio license, AND intends to operate 2-way radio equipment in the vehicle to which the plates will be attached. 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. It turns out that is exactly WHY Texas (in particular) does require holders of ham radio vanity plates to carry radio equipment... In the state's view, If a ham puts his call sign on his vehicle's license plates, he is essentially "advertising" his ability (and willingness) to provide emergency communications services. So in Texas, (at least), far from being harrassed by law enforcement for having radio gear in his vehicle, a ham is more likely to be called upon to ASSIST law enforcement (or other emergency services) if regular communications channels are unuseable for whatever reason. Don't want to help out? Don't apply for ham plates. And FEDERAL law overrules all state law despite you saying New York state law overrules all FEDERAL law. You're putting words in my mouth, or responding to someone else. I never said a single thing about state vs. federal law. I just pointed out that in New York State - specifically - there is no requirement to have operational mobile radio equipment in a vehicle as a precondition for having STATE ISSUED ham radio license plates. I admit that there are some states which do appear to have such a requirement, but New York is not one of them. But, since we're on the subject, it is absolutely incorrect to make the blanket statement that "federal law overrules all state law." That is most assuredly not the case. Read the 10th amendment to the Constitution. |
#13
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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. Cell phones are full duplex. Hsm radios and CBs are simplex. Only one side of a conversation can be transmitted at the same time. Vox would keep a ham radio and CB constantly transmitting even when no one is talking since it would hear external sounds like outside music, or just street noise, or the car's heater or air conditioner, that is against federal law. And both cbers and hams can be fined for it. Since it's allowed on cell phones and cell phones are full duplex, it doesn't matter since both sides csn transmit at the same time. So a CB, ham radio, and cell phone are NOT all the exact same thing like some of the people and cops think. Most modern portable ham radios also have external mikes, much like police units do. That is true, So I do not believe one would be cited under the NY law. That's what I thought. They keep telling me it's illegal to drive and talk with a microphone because "a CB radio and ham radio are boththe exact same thing as a cell phone" and that "it's illegal because reaching for and dialing the phone number inputs on your cb radio and ham radio to make your phone calls causes accidents which is why new york state outlawed using them while driving." I'd be laughing except I know there are many cops who do think that way. And don't know the difference between a CB radio, ham radio, and a cell phone. Or the laws regarding them. At least the cops in my area are good, and I think probably knowledgable. Although I can't say the same for the idiots in the next county. Who thought my cb radio was a ham radio and asked me if I had a license for it. Then after I told him it's a CB, not a ham radio, e said that by law, I still need a ham radio license to legally operate a CB radio. which ham radio license must show that I am legally allowed to use those particular CB frequencies. And that's not the only time I had a radio problem with the idiot law enforcement officers in the next county over. They even thought a radio/TV recieve only unit was a two way radio and told me I wasn't allowed to have it because it's against the law for the public to have two-way radios to talk on. I'd like to see them call their backup on the am/fm broadcast radio/ vhf/uhf tv reciever, and then wonder where the backup they requested is. And that was when I was outdoor on foot. Just watching and listening to it. - Hide quoted text - - Show quoted text - |
#14
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#15
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On Sat, 18 Apr 2009 23:00:14 -0700 (PDT), radioguy
wrote: 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. Cell phones are full duplex. Hsm radios and CBs are simplex. Only one side of a conversation can be transmitted at the same time. Vox would keep a ham radio and CB constantly transmitting even when no one is talking since it would hear external sounds like outside music, or just street noise, or the car's heater or air conditioner, wrong! Vox mikes are designed NOT to pick up and operate with any noise other than the operator's voice. that is against federal law. And both cbers and hams can be fined for it. Show me. Please post a link to the precise law you speak of. Since it's allowed on cell phones and cell phones are full duplex, it doesn't matter since both sides csn transmit at the same time. So a CB, ham radio, and cell phone are NOT all the exact same thing like some of the people and cops think. Most modern portable ham radios also have external mikes, much like police units do. That is true, So I do not believe one would be cited under the NY law. That's what I thought. They keep telling me it's illegal to drive and talk with a microphone because "a CB radio and ham radio are boththe exact same thing as a cell phone" Wrong explanation. The law says, "handheld devices". So technically, having a mike in your hand is illegal. and that "it's illegal because reaching for and dialing the phone number inputs on your cb radio and ham radio to make your phone calls causes accidents which is why new york state outlawed using them while driving." I'd be laughing except I know there are many cops who do think that way. And don't know the difference between a CB radio, ham radio, and a cell phone. Or the laws regarding them. At least the cops in my area are good, and I think probably knowledgable. Although I can't say the same for the idiots in the next county. Who thought my cb radio was a ham radio and asked me if I had a license for it. Then after I told him it's a CB, not a ham radio, e said that by law, I still need a ham radio license to legally operate a CB radio. If cited for that reason, the case can be dismissed because no license is required for CB. That myth was started because various states have laws against use of scanning radios in the vehicle. That is, a ham license makes everything legal. Sorry, no it does not. which ham radio license must show that I am legally allowed to use those particular CB frequencies. None. Amateur radio frequencies are not inclusive of the CB frequencies. And that's not the only time I had a radio problem with the idiot law enforcement officers in the next county over. They even thought a radio/TV recieve only unit was a two way radio and told me I wasn't allowed to have it because it's against the law for the public to have two-way radios to talk on. Ask those officers which walmart they their got badge from. I'd like to see them call their backup on the am/fm broadcast radio/ vhf/uhf tv reciever, and then wonder where the backup they requested is. And that was when I was outdoor on foot. Just watching and listening to it. Officer? With all due respect, are you really this ****ing stupid or did that badge make you that way? - Hide quoted text - - Show quoted text - |
#16
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On Sat, 18 Apr 2009 21:15:38 -0700 (PDT), radioguy
wrote: 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. This law deals with the installation of ANY radio RECEIVER that can monitor police frequencies. The wording DOES NOT suggest that a ham MUST have a unit in the plated vehicle. The law only says that the owner of said plates must be licensed to do so. § 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? That's known as the "International Reciprocity Pact". It is not necessarily a federal law. Which is also damned difficult to find on the search engines. If you live in NY, anything that NY law says is legal on your vehicle, must also be accepted as legal anywhere else in the country as well as Mexico and Canada. 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. No. Those states can only accept the plate. Their laws are for the residents of their states for the issuance of such plates. 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. All that is necessary is that the owner of the said vehicle and plates has met the state's requirement's for those plates. Stopping an out of state vehicle simply because the officer did not see the registered owner driving the vehicle is not probable cause and would not hold up in court. 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. If your plates are from NY. 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. Really? Got a case cite for this? 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? Because they say it does. 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. wrong. 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. |
#17
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In rec.radio.amateur.policy radioguy wrote:
On Apr 19, 12:15Â*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 Following the links to the relevant state laws, one finds 2 of those states have no radio requirement, and none of the others have any installed radio requirement. Of those with a radio requirement, occasional use of a HT qualifies, except Virginia where you would have to keep a HT in the vehicle to meet the letter of the law. So there is no state that "REQUIRE hams to have a ham radio installed in their vehicle" from your own link. -- Jim Pennino Remove .spam.sux to reply. |
#19
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In rec.radio.amateur.policy 1hogrider wrote:
wrote: In rec.radio.amateur.policy radioguy wrote: 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 Following the links to the relevant state laws, one finds 2 of those states have no radio requirement, and none of the others have any installed radio requirement. Of those with a radio requirement, occasional use of a HT qualifies, except Virginia where you would have to keep a HT in the vehicle to meet the letter of the law. So there is no state that "REQUIRE hams to have a ham radio installed in their vehicle" from your own link. I don't know about other states but here is the code section from Virginia word for word-- § 46.2-738. Special license plates for amateur radio operators. The Commissioner, on request, may supply any amateur radio operator licensed by the federal government or an agency thereof, and having radio transmitting and receiving equipment permanently installed in his motor vehicle, license plates bearing his official call letters. If more than one request is made for use, as provided in this section, of license plates having the same alpha-numeric, the Department shall accept the first such application. Persons receiving amateur radio operator special license plates shall affix such plates only to vehicles to which they are the titled owner. The Commissioner shall charge a fee of one dollar in addition to the prescribed cost of state license plates, for each set of license plates issued under the provisions of this section. --------------------------------------------------------------------- "PERMANANTLY INSTALLED" is a bit more than just an HT sitting on the seat all the time. To my knowledge, I have never heard of anyone being cited for this. That's what I get for taking the ARRL at face value; Virginia seems to be the only one with the "permanent" language. So for the six states mentioned, there is one that requires installation. -- Jim Pennino Remove .spam.sux to reply. |
#20
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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? There's this marvelus invention called Google. Learn all about it. OREGON: Does not appear that Oregon requires equipment to be installed in the vehicle. http://www.oregon.gov/ODOT/DMV/vehic...eregular.shtml ALASKA: DOES require equipment in the vehicle. Check the application he http://www.state.ak.us/dmv/forms/pdfs/830.pdf NORTH CAROLINA: Requires that the person requesting a call letter plate purchase a radio that can be used in emergencies. http://www.state.ak.us/dmv/forms/pdfs/830.pdf MISSOURI: Does not appear that MO requires equipment. http://dor.mo.gov/mvdl/motorv/forms/1716.pdf TEXAS: DOES require equipment in the vehicle: "You may apply for Radio Operator specialty plates if you hold an amateur radio station license issued by the Federal Communications Commission and operate receiving and transmitting mobile amateur radio equipment in a passenger car or truck." http://rts.texasonline.state.tx.us/N...d=80&pltid=132 VIRGINIA: DOES require that the vehicle have equipment permanently installed. -- quote http://www.dmv.state.va.us/exec/vehi...o.asp?idnm=HAM Personalization available Yes Number of characters combinations available on plate 6 Plate Fee (in addition to plate fee) $1.00 Annually Personalized plate fee (in addition to registration fee) Disabled symbol available Yes Requirements: MUST PROVIDE WRITTEN STATEMENT FROM FCC LICENSED AS HAM RADIO OPERATOR. VEHICLE MUST HAVE OPERATIONAL RADIO EQ. PERMNT INSTALLED -- end quote And there's a summary of state requirements on the ARRL website. You are welcome to find that yourself. snip babble Are you drunk, on drugs, insane, or just blazingly stupid? Perhaps we could ask the same of you. -- Jim Pennino Remove .spam.sux to reply. |
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