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W2LIE.net | Monitor Long Island, Inc. :: Forums :: Scanner Radio :: New York State - General
Moderators: w2lie, Chieftaz, BobLandau, quint14, LI_Scan_Guy, cwerner
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NY State law and 'mobile' scanning

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Print View Posted: Sun Jan 10 2010, 02:24pm

Posted by: parallaxPosts: 22
Location: Huntington Station
Joined: Sat Dec 05 2009, 05:40pm

Trawling the internet for scanning related stuff relevant to NY, I came across this NY State law -

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 to do so 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 fine 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 operator's 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.


So here are the questions -

1. Would a vehicle containing a handheld scanner be considered 'equipped' or would this just relate to those larger mobile scanner units that are hard wired to the battery and bolted onto the dash etc?

2. Is there a level of interpretation in this law that allows you to listen to a handheld whilst driving or should it be read pretty much verbatim - if you're operating a vehicle and listening to a scanner in any way (without the appropriate lisence) then it's a misdemeanor regardless?

I'm not looking for legal advice here folks, just your opinion since I guess this is something you may have encountered and figured out for yourselves. I want to make sure I'm adhering to the law!

Thanks
Dan



[ Edited Sun Jan 10 2010, 02:25pm ]


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Posted: Sun Jan 10 2010, 03:51pm
Posted by: BobLandauPosts: 194
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#1 Yes, a handheld would equip a vehicle
#2 Absolutely prohibited, just like speeding or changing lanes without signaling. I don't know it's a misdemeanor, probably a violation.
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Posted: Sun Jan 10 2010, 04:06pm
Posted by: shkesslerPosts: 246
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It is considered a misdemeanor. Though i doubt a cop would care, or, even know the law.
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Posted: Mon Jan 11 2010, 12:58am
Posted by: ipfd320Posts: 1864
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Location: Martin County Florida
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try again kessler...pd know the rules on this matter,as a matter of fact it is a felony charge if the scanner is used in any crime done 1 and if you interfere in a chase or help in a take down even when the civilian act takes place the pd has a right to investigate why you were there and has the right to do a search of you and your vehicle....if a scanner is found within and there are pd freqs in that said reciever you go in for questioning and possible jail
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Posted: Mon Jan 11 2010, 01:16am
Posted by: shkesslerPosts: 246
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oh really.. never would have though.

(partly because on the rant it has been brought up multiple times and MULTIPLE cops, i can assure you, have read it and dont say a word.)
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Posted: Mon Jan 11 2010, 05:50pm
Posted by: esu2422Posts: 4
Old Display Name: esu2422
Joined: Tue May 23 2006, 02:09am

Trust me we cops are well aware of the rules.
Most cops "probably" wouldn't bother you however, if you're committing a crime and have the scanner in your possession, expect additional charges. Generally you won't probably have a problem unless you're doing something else to attract the attention of the police.
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Posted: Mon Jan 11 2010, 10:43pm
Posted by: shkesslerPosts: 246
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Yepp. ESU i think i might have been referring to you
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Posted: Tue Jan 12 2010, 01:09am

Posted by: parallaxPosts: 22
Location: Huntington Station
Joined: Sat Dec 05 2009, 05:40pm

Thanks for the responses folks.
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Posted: Tue Jan 12 2010, 02:05pm

Posted by: stevewfdPosts: 61
Old Display Name: Steve.WPalm Bch
Location: West Palm Beach FL
Donating Member: 2009
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Joined: Thu May 18 2006, 04:07pm

First thing GET your NO Code Amateur “Ham” Radio License.
That will at least make having the radio (handheld) in the car legal..
WB2MBV
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Posted: Wed Jan 13 2010, 01:50am

Posted by: parallaxPosts: 22
Location: Huntington Station
Joined: Sat Dec 05 2009, 05:40pm

Thanks Sandy - if you are a license holder does it make it legal to both possess and listen to the radio whilst in the car?

Thx
Dan
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