think the ECPA contradicts itself in several places, but that subject
is for another post.

As for this post, all of you who wanted the government to recognize
cell phone transmissions and radio transmissions as the same thing (and
that includes me, so no offense meant to you all) have finally gotten
their wish which proves the old saying

"Be careful what you wish for. It just might come true."

A judge has finally recognized cell phone transmissions and radio
transmissions as the same thing and in so doing effectively ruled that
all mobile radio transcievers are now against the law in the U.S.

And it seems that the federal law that says it takees precedence over
all local and state laws contrary to using a ham radio while mobile,
and exempts all hams from any local or state laws against using a
mobile ham radio while mobile, didn't do any good either,and didn't
protect the ham, as the ham operator was still ruled guilty by the
judge. It seems it didn't protect him from anything.

Here's the story: A ham radio operator was talking on his mobile ham
radio rig while mobile, so a cop pulled him over under the cell phone
law for using his "cell phone" while driving. ( since to use the
radio, the ham had to have one hand on the microphone instead of both
hands on the steering wheel).

The ham fought it in court, and the radio was described exactly to the
judge.

After hearing about how the radio actually was, the judge ruled that a
mobile ham radio is still similar enough to a cell phone that it's
against the law to use one while driving and that as such, the ham is
indeed still guilty.

Now, since the judge ruled that, and mobile transcievers are the same
way, you have to have one hand on the microphone instead of both hands
on the steering wheel, the judge's ruling, in effect, also outlaws
using all mobile CB radio transcievers in the U.S.

So why doesn't the cop who pulled the ham over, and the judge, go after
the FCC for illegally ruling and passing illegal radios as completely
legal for the public to use in the U.S.?

Or after the manufacturers for fraudently selling illegal radios to
consumers as legal to use in the U.S.

or after the FCC for fraudently and illegally approving these illegal
radios to fraudently be sold as legal for thre public to use in the
U.S.?

( Yet the same cop who pulled the ham over is probably allowed to use
the same type of radio. one with a hand-hed microphone).


Here's the source of the story:


Source: This Week in Amateur Radio
Categories: Amateur Radio News


17:45


Ham Operator ticketed for using his ''cell phone''


Joey Hernandez, W2JLH, was issued a citation for operating his amateur
radio while mobile. He went to court where the judge presiding had to
consult a law book regarding the issue, and when the radio was
described to him, he pronounced a guilty verdict to Mr. Hernandez,
saying that the description of the use of the radio was too similar to
the use of a cell phone and therefore he was guilty as charged. More on

this issue can be found at the linked URL.
Source: This Week in Amateur Radio
Categories: Amateur Radio News