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ZL3AI > APRDIG 26.03.04 13:28l 99 Lines 4742 Bytes #999 (0) @ WW
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Subj: TAPR Digest, Mar 23, 2/2
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From: ZL3AI@ZL3VML.#80.NZL.OC
To : APRDIG@WW
Subject: Vehicle & Traffic 397 In NY State
From: "Ron" <rgilson@adelphia.net>
Date: Tue, 23 Mar 2004 19:36:40 -0500
X-Message-Number: 9
Here is a copy of the V & T Law 397 in New York State re. mobile radios
capable of receiving Police Channels. I'm not a lawyer but wonder how a
Police Officer would interpit 396 and would one loose a D700 or D7 because
of an interpolations?
§ 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 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.
§ 397-a. Radar detectors and laser detectors prohibited. 1. No radar
detector or laser detector shall be used in any motor vehicle with a
gross vehicle weight rating of more than eighteen thousand pounds or in any
commercial vehicle with a gross vehicle weight rating of more than ten
thousand pounds. The presence in such vehicle of a radar detector or laser
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 or laser 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 or laser
detector, unless otherwise provided by law. 3. A violation of the
provisions of this section shall constitute a traffic infraction
punishable by a fine of not less than twenty-five nor more than one hundred
dollars.
----------------------------------------------------------------------
Subject: APRS Hats!
From: Steve Dimse <k4hg@tapr.org>
Date: Tue, 23 Mar 2004 19:53:02 -0500
X-Message-Number: 10
If you've been a ham for long, you have probably heard of Steve Roberts,
N4RVE. He's the guy that pedaled a high-tech bike/trailer all around the
country in the 80's and 90's, been on all the major networks and
innumerable print outlets, not to mention speaker at a DCC afew years back.
He's now working on a similar project for the water he calls the microship.
While poking around on his site (http://microship.com) I came across a bit
of APRS related swag I had to have, though others might be interested:
http://www.cafeshops.com/microship
Steve K4HG
----------------------------------------------------------------------
Subject: RE: Vehicle & Traffic 397 In NY State
From: "Ken Brown" <W2KB@comcast.net>
Date: Tue, 23 Mar 2004 23:32:25 -0500
X-Message-Number: 11
Police officers are not supposed to interpret laws since that is engaging
in the practice of law which only licensed attorneys may do, police are to
follow the interpretations made by attorneys such as the NY State Attorney
General. Be that as it may, the law provision you quoted contains an
exemption for licensed radio amateurs operating the rig on ham frequencies.
I am not licensed to practice law in New York (only in NJ and federal
courts) but were I asked to interpret this as a purely academic exercise,
use of any ham rig including the Kenwoods is fine if one (1) is a licensed
ham, and (2) one transmits and receives only on ham frequencies.
However, if one were to set the receiver to a police frequency without
having obtained the permit, that appears to be a violation. The important
words are "operates" and "frequencies exclusively" "amateur." So if the
rig's VFOs and memories are all set to ham frequencies, no permit is
needed.
73,
---Ken W2KB
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END OF DIGEST
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