NY State law and 'mobile' scanning
parallax, Sun Jan 10 2010, 02:24pm
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
Re: NY State law and 'mobile' scanning
BobLandau, Sun Jan 10 2010, 03:51pm
#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.
Re: NY State law and 'mobile' scanning
shkessler, Sun Jan 10 2010, 04:06pm
It is considered a misdemeanor. Though i doubt a cop would care, or, even know the law.
Re: NY State law and 'mobile' scanning
ipfd320, Mon Jan 11 2010, 12:58am
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
Re: NY State law and 'mobile' scanning
shkessler, Mon Jan 11 2010, 01:16am
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.)
Re: NY State law and 'mobile' scanning
esu2422, Mon Jan 11 2010, 05:50pm
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.
Re: NY State law and 'mobile' scanning
shkessler, Mon Jan 11 2010, 10:43pm
Yepp. ESU i think i might have been referring to you
Re: NY State law and 'mobile' scanning
parallax, Tue Jan 12 2010, 01:09am
Thanks for the responses folks.
Re: NY State law and 'mobile' scanning
stevewfd, Tue Jan 12 2010, 02:05pm
First thing GET your NO Code Amateur “Ham” Radio License.
That will at least make having the radio (handheld) in the car legal..
WB2MBV
Re: NY State law and 'mobile' scanning
parallax, Wed Jan 13 2010, 01:50am
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
Re: NY State law and 'mobile' scanning
w2lie, Wed Jan 13 2010, 02:37am
NO! Not at all.
My understanding of the law (and how it was explained to me) is having any type of scanner in your vehicle while in New York State is against the law.
All that is stated about having an Amateur Radio License is that you may have a radio that can receive "out of band". Amateur Radio bands are just below the VHF Public safety band, and are also just below the UHF Public Safety spectrum. The law states that you can have a radio in your car that can receive above and below the amateur spectrum - but it must be the radio you USE for amateur radio. So - having a scanner in your vehicle is not the same as having your Amateur Radio in the vehicle.
Again, the reasoning is simple -most Amateur Radio's can be set to receive into the public service bands.
After reading my explination, please re-read this section of the law:
"...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."
Re: NY State law and 'mobile' scanning
parallax, Thu Jan 14 2010, 02:02am
That clears that up then, thanks w2lie.
parallax, Sun Jan 10 2010, 02:24pm
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
Re: NY State law and 'mobile' scanning
BobLandau, Sun Jan 10 2010, 03:51pm
#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.
Re: NY State law and 'mobile' scanning
shkessler, Sun Jan 10 2010, 04:06pm
It is considered a misdemeanor. Though i doubt a cop would care, or, even know the law.
Re: NY State law and 'mobile' scanning
ipfd320, Mon Jan 11 2010, 12:58am
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
Re: NY State law and 'mobile' scanning
shkessler, Mon Jan 11 2010, 01:16am
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.)
Re: NY State law and 'mobile' scanning
esu2422, Mon Jan 11 2010, 05:50pm
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.
Re: NY State law and 'mobile' scanning
shkessler, Mon Jan 11 2010, 10:43pm
Yepp. ESU i think i might have been referring to you
Re: NY State law and 'mobile' scanning
parallax, Tue Jan 12 2010, 01:09am
Thanks for the responses folks.
Re: NY State law and 'mobile' scanning
stevewfd, Tue Jan 12 2010, 02:05pm
First thing GET your NO Code Amateur “Ham” Radio License.
That will at least make having the radio (handheld) in the car legal..
WB2MBV
Re: NY State law and 'mobile' scanning
parallax, Wed Jan 13 2010, 01:50am
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
Re: NY State law and 'mobile' scanning
w2lie, Wed Jan 13 2010, 02:37am
NO! Not at all.
My understanding of the law (and how it was explained to me) is having any type of scanner in your vehicle while in New York State is against the law.
All that is stated about having an Amateur Radio License is that you may have a radio that can receive "out of band". Amateur Radio bands are just below the VHF Public safety band, and are also just below the UHF Public Safety spectrum. The law states that you can have a radio in your car that can receive above and below the amateur spectrum - but it must be the radio you USE for amateur radio. So - having a scanner in your vehicle is not the same as having your Amateur Radio in the vehicle.
Again, the reasoning is simple -most Amateur Radio's can be set to receive into the public service bands.
After reading my explination, please re-read this section of the law:
"...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."
Re: NY State law and 'mobile' scanning
parallax, Thu Jan 14 2010, 02:02am
That clears that up then, thanks w2lie.