TROY — Amateur radio enthusiasts are abuzz on the airwaves over a
traffic ticket Steve Bozak received Sunday in Troy as he talked to his
buddies over the very same frequency.

Bozak, who owns an antenna company and has been using so-called “ham”
radios for 34 years, was pulled over at the intersection of 15th and
Hoosick streets while on his way to breakfast with fellow enthusiasts
of the technology. He was slapped with a ticket for talking on a cell
phone while driving, and he said Officer Mark Millington dismissed his
claims that the radio was not in fact a telephone.

“He assured me that I could not be speaking on that cell phone while I
was driving,” said Bozak, who lives in Clifton Park. “I mentioned to
him politely that it wasn’t a cell phone but an amateur radio. He
assured me that it was all the same.”

The section of New York’s vehicle and traffic law Bozak was cited for
violating, 1225-c, requires a phone to be “in the immediate proximity”
of the driver’s ear. It defines the types of communication devices it
applies to as ones “interconnected to a public switched telephone
network … provided by a commercial mobile radio service.”

On its face, the statute does not appear to refer to devices like a
ham radio, which transmits its signal across the same airwaves as
devices used by emergency personnel to communicate with each other and
with dispatchers.

Such radios do not require the user to place the device to his or her
ear — they are typically played over speakers — and need only be held
while the user is actually speaking.

New York is among eight states with a law banning the use of cell
phones while driving. Washington’s law specifically excludes ham
operators, who must first be licensed by the government to use the
airwaves.

Bozak, who became licensed in 1976, said he believes the bulk of users
have the devices in their vehicles. He said many are up in arms over
the ticket, and some were audible on a scanner Wednesday voicing their
displeasure over their radios — many of them while driving.

“I don’t know how many cops I’ve been around in how many different
states, but nobody ever said a word to me,” said one man whose job
takes him on the road.

Ultimately, a Troy City Court judge will decide whether the ticket
issued to Bozak is acceptable under the state’s law.

Sgt. Terry Buchanan, the Police Department’s spokesman who worked
traffic patrols for years, said he doesn’t recall this issue coming up
in the past. He said the department would have no comment on the
matter because it is still pending in court.

Bozak is scheduled to appear on June 23, and he said more than a dozen
fellow radio enthusiasts plan on being there with him.

He faces a $100 fine, according to the statute.

“I’ll have my day in court, and we’ll see how it goes,” he said. “But
I certainly have every intention of pushing this politely, and through
the right methods, to get it resolved.”

The date may be pushed back because Bozak has requested a supporting
deposition from Millington, who is typically assigned to Troy’s public
schools and rarely works traffic patrol.

Bozak wants Millington to detail what happened and explain how he was
breaking the law.

“He’s going to have to prove that I was on a cell phone, which is
going to be hard to do,” he said. “I wasn’t on a cell phone.”

Dave Canfield can be reached at 270-1290 or by e-mail at dcanfield

Dude, don't you think it's about the same thing?

Right's right and wrong is wrong. If he was distracted then he shouldn't be
on the radio.

I pull over or use a speakerphone. So should everyone!!
--
Burr
Big, Lean, Mean and Clean
I'll be lifting until they pry the
bar from my cold dead hands
Adventure before Dementia

I belong to The Tea Party, I Vote



"radioguy" wrote in message
...
TROY — Amateur radio enthusiasts are abuzz on the airwaves over a
traffic ticket Steve Bozak received Sunday in Troy as he talked to his
buddies over the very same frequency.

"radioguy" wrote in message
...
TROY — Amateur radio enthusiasts are abuzz on the airwaves over a
traffic ticket Steve Bozak received Sunday in Troy as he talked to his
buddies over the very same frequency.

Bozak, who owns an antenna company and has been using so-called “ham”
radios for 34 years, was pulled over at the intersection of 15th and
Hoosick streets while on his way to breakfast with fellow enthusiasts
of the technology. He was slapped with a ticket for talking on a cell
phone while driving, and he said Officer Mark Millington dismissed his
claims that the radio was not in fact a telephone.

“He assured me that I could not be speaking on that cell phone while I
was driving,” said Bozak, who lives in Clifton Park. “I mentioned to
him politely that it wasn’t a cell phone but an amateur radio. He
assured me that it was all the same.”

The section of New York’s vehicle and traffic law Bozak was cited for
violating, 1225-c, requires a phone to be “in the immediate proximity”
of the driver’s ear. It defines the types of communication devices it
applies to as ones “interconnected to a public switched telephone
network … provided by a commercial mobile radio service.”

On its face, the statute does not appear to refer to devices like a
ham radio, which transmits its signal across the same airwaves as
devices used by emergency personnel to communicate with each other and
with dispatchers.

Such radios do not require the user to place the device to his or her
ear — they are typically played over speakers — and need only be held
while the user is actually speaking.

New York is among eight states with a law banning the use of cell
phones while driving. Washington’s law specifically excludes ham
operators, who must first be licensed by the government to use the
airwaves.

Bozak, who became licensed in 1976, said he believes the bulk of users
have the devices in their vehicles. He said many are up in arms over
the ticket, and some were audible on a scanner Wednesday voicing their
displeasure over their radios — many of them while driving.

“I don’t know how many cops I’ve been around in how many different
states, but nobody ever said a word to me,” said one man whose job
takes him on the road.

Ultimately, a Troy City Court judge will decide whether the ticket
issued to Bozak is acceptable under the state’s law.

Sgt. Terry Buchanan, the Police Department’s spokesman who worked
traffic patrols for years, said he doesn’t recall this issue coming up
in the past. He said the department would have no comment on the
matter because it is still pending in court.

Bozak is scheduled to appear on June 23, and he said more than a dozen
fellow radio enthusiasts plan on being there with him.

He faces a $100 fine, according to the statute.

“I’ll have my day in court, and we’ll see how it goes,” he said. “But
I certainly have every intention of pushing this politely, and through
the right methods, to get it resolved.”

The date may be pushed back because Bozak has requested a supporting
deposition from Millington, who is typically assigned to Troy’s public
schools and rarely works traffic patrol.

Bozak wants Millington to detail what happened and explain how he was
breaking the law.

“He’s going to have to prove that I was on a cell phone, which is
going to be hard to do,” he said. “I wasn’t on a cell phone.”

Dave Canfield can be reached at 270-1290 or by e-mail at dcanfield
//////////////////////////////////////

My, oh my. Yet more and more wild claims by the Troll to calls himself
'radioguy'.
Excuse me 'radioguy' while I go get a bucket.
I could use some of that manure that you are spreading to fertilize my
tomato plants.

And, dude. How about some links for your wild tales?
As of now all you are doing is spreading manure.

You are a liar.

"radioguy" wrote in message
...
TROY — Amateur radio enthusiasts are abuzz on the airwaves over a
traffic ticket Steve Bozak received Sunday in Troy as he talked to his
buddies over the very same frequency.

"Bozak is scheduled to appear on June 23..."

Uh, dummy? This is seven weeks later.

On Aug 15, 11:45*pm, "Mrak Mrogan" anon@michigan wrote:
"radioguy" wrote in message

...
TROY — Amateur radio enthusiasts are abuzz on the airwaves over a
traffic ticket Steve Bozak received Sunday in Troy as he talked to his
buddies over the very same frequency.

"Bozak is scheduled to appear on June 23..."

Uh, dummy? This is seven weeks later.

It was NOT over until just LAST WEEK. And here is the link to prove
it:

http://www.arnewsline.org/index.php?...w&id=18&Itemid

Amateur Radio Newsline Report 1727 - September 17 2010


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

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


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

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