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.

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.

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.

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 -

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 -

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.

The only NYS "requirement" relating to ham plates is that the ham must send
a copy of his license to the DMV when applying for the plates.

Would you be so kind as to post a link to this alleged law?

You seem to have a bad habit of just making stuff up, and then posting your
fantasies as "facts".

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-

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)

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-

radioguy wrote in news:be557016-bf66-4c4f-b10b-
:


What happened to the FEDERAL law that states states must recognize
other state's laws and vehicle equipment installations as legal?


I don't know where you got this notion from, but there is NO SUCH FEDERAL
LAW. Not when it comes to "vehicle equipment installations" - and this
covers many, many areas besides ham radio.

Some examples:

In some states it is legal to have dark tint on a car's side and rear
windows. In other states it is NOT legal, and an out-of-state car CAN be
ticketed for such, even though the windows might be perfectly legal in the
car's "home" state.

Likewise, rules relating to minimum or maximum ground clearance under a
vehicle. What might be allowed in one state, could well get you a ticket in
a neighboring state.

Likewise, rule regulating exhaust systems and the amount of noise emitted
by same.


But, in other areas, states have NO authority over what other states do...



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.


First of all, of the states you listed, only Texas and Virginia have such a
requirement - the others do not - and the requirement only holds true for
vehicles REGISTERED IN THAT STATE. A Texas vehicle with ham plates might
need to have radio equipment installed IN TEXAS, but a vehicle from
California (with California ham plates) does not have to meet the
requirement, just because it might be travelling through Texas.


And most cities, countis, and police departments in other states do
not issue any such documents as you say New York requires.


It's not a case of "you say" - the other poster pasted a direct quote from
Section 397 of New York's Vehicle and Traffic Law. But you didn't read it
very closely, because the locally-issued "documents" it refers to are to
authorize persons OTHER THAN HAMS to have mobile radio equipment. A
licensed amateur does not require a "local permit" - his license alone is
all the authorization he needs.

Now, if the licensed ham is not present in the vehicle, then yes, there
might be a problem.


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.

That prohibition might hold true for a New York-issued plate, but NYS has
no control (or interest) in the particular color or design of other
states' license plates, as long as the plate and registration is valid and
current in the vehicle's home state.



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.


You're mixing apples and oranges here. A valid vehicle registration in one
state, must be recognized as valid in ALL states - likewise a valid
driver's license. Such recognition is based on the "full faith and credit"
clause of Article IV, Section 1 of the U.S. Constitution.

But, when you get into "sticker placement" and "equipment installation",
again I tell you there is not, and never has been, ANY "federal law"
mandating such. I gave a few examples above - there are hundreds more.


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.


In Texas, you can have the exactly the same ham plate on multiple vehicles
because the plate itself IS NOT THE VEHICLE LICENSE. The actual license is
on a window sticker - and that sticker number is unique for each vehicle.
As long as the stickers on all vehicles are curent and valid in Texas, you
can drive them legally in any state.