Getting caught illegal...

CFR 47 part 95- rules and standards governing gmars, amature radio, and cb. These are the rules. They are still enforced. Nuff said.

Mark

 

I have only heard that as in a "what next" context. But it wouldn't surprise me if some government type tried to do something like that. I know that Yeasu, a ham and commercial radio manufacturer has a radio out now that offers blue tooth so who knows.

Mark

 

The reason I asked the question was it sounded likely from the federal level since just a few years ago there were some news stories talking about a couple states considering exactly this as state law. Ca. and IIRC Ohio were the ones talking about it in their respective houses. When you have legislators talking about this on their respective floors it really removes any context of "silliness" from the question. Remembering a few minor stories about the subject on Drudge and Reuters in the last few years concerning the state level discussions made it appear to me the comment from the driver the other day could have a basis in reality. In this day and age stories of reducing liberties deserve more than a little research and consideration with the norm being what it is today. If you had asked me in 1981 about roadblocks on federal interstates where TSA searches trucks I would have thought you a little loopy. Yet I had to wait in massive traffic jams on 684 north of Brewster NY on my way to I-84 and home from a days work at least twice a month by the yellow jacket patrol. They checked belts under the hood, even used tread depth gauges on all 4 tires, the usual paperwork and warrant checks, etc.. This was in 1981 and the state could care less that a half million people were just trying to get home after work in minimum time during the peak of 5PM rush hour. Gestapo crap like this was what prompted me to move away from New York and never go back. Imagine what it is like today.

 

CFR47 Part 97 covers HAM RADIO
CFR47 Part 95 covers CB, MURS,FRS and GMRS

 

You're right. Shouldn't post when in the bunk and half a sleep.

Mark

 

You'll never know what dumb Laws that Law makers come up with. I know that Delaware outlawed CB radios in vehicles. But not Amateur (HAM) radios. Don't know if it was ever over turned or not.

Jul 7, 2010 posted by: Dan Gaffney WGMD Host


Delaware First State in the Nation to Outlaw CB radios?

Note this message from the State House of Representatives about the new cell phone ban including CB radios! Truckers across America should be outraged!
From:
Joseph Fulgham
Communications Officer
Minority Caucus
DE House of Representatives
(302) 744-4184 (office)
Dan,
I heard you mention on today's show that the exemptions to the ban on the use of hand-held cell phones by motorists covered CB radios. That is not the case. HAM radio operators, and people using two-way radios for business and government purposes, are exempted from the new law (see Week in Review story below). However, CB radio operators are not part of these excluded groups.


Visit Our House Website at:
http://www.delawarestatehouse.com

• General Assembly Acts to Allow Use of Some Mobile Two-Way Radios

In the closing days of the 2010 legislative session, lawmakers took quick action to exempt some mobile two-way radios from a pending law that would have barred their use by motorists.
Legislation recently signed into law by the governor (HS 1 for HB 229) will prohibit Delaware drivers from using hand-held cell phones or other electronic devices to hold conversations, send text-messages, or access the Internet. The legislation will also outlaw the use of two-way radios in moving vehicles.
A bill (HB 494 w/ HA1) sponsored by State Rep. Ruth Briggs King (R-Georgetown) carves out an exemption from the radio ban for "FCC-licensed amateur radio operators."
"I tried to amend the original bill to address this, but it failed on a vote of 19 to 20," Rep. King said. "I know these men and women perform a really important public service especially in times of crisis, such as the severe storms we had this past winter. The second time around, more legislators had a better handle on this issue and the measure passed. I was really glad to get this done."
State House Majority Leader Pete Schwartzkopf (D-Rehoboth Beach) successfully sponsored a complimentary measure (HB 493) to exempt two-way radios used by delivery and service trucks as well as those utilized by state workers. Rep. Schwartzkopf said while police and first responders were excluded from the original ban, he was embarrassed to admit that he forgot transportation workers and others still use the dated, but proven, technology.
The owners and operators of Citizens' Band (CB) radios, however, are out of luck. After the ban on mobile devices takes effect in early 2011, drivers using CBs, hand-held cell phones, and personal digital assistants (PDAs) will face penalties. First-time offenders will be hit with a $50 fine, while repeat violators will face a penalty of between $100 and $200.
Delaware will be breaking new ground when the law is implemented. No other state in the country prohibits motorists from using CB radios installed in their vehicles.
On the issue of hand-held cell phones, the First State will actually be the seventh state to enforce the prohibition on motorists. It's already illegal for drivers to use the devices in California, Connecticut, New Jersey, New York, Oregon and Washington, as it is in the Delaware municipalities of Wilmington and Elsmere.
Additionally, 25 states have enacted laws prohibiting texting while driving.
Supporters of the Delaware law point to the increased distraction caused by cell phone use and the hazard impaired drivers posed to their fellow motorists and pedestrians.
Last year, the National Safety Council (NSC) called for motorists to stop using cell phones and messaging devices while driving. Additionally, the NSC urged governors and legislators in all 50 states to enact laws banning it. Janet Froetscher, president and CEO of the NSC, noted that some studies show talking on a cell phone puts drivers at a four times greater risk of a crash.
Gov. Jack Markell signed all three bills into law at a ceremony July 6[SUP]th[/SUP] at the AAA Mid-Atlantic headquarters in Wilmington.

 

@Big_m

In as far as cb and ham using hand held mics- what the heck is the difference between the two as far as these lawmakers are concerned? Don't get that.

" gee officer- that was the mike to my 2 meter rig, not my cb".

Mark

 

People most often vote for the dumbest person running for public office. Just look in DC. And this shows just how bad they can be.

http://www.wgmd.com/?p=6432

 

No argument there. Got to wonder though if they actually read all this proposed legislation they come up with. I guess at some point it will be illegal to drive while driving. For the love of Pete. No mikes- how in the hell does one even enforce that? If you have a CB, do you get a ticket because it's assumed you were using it while driving, do they have to- observe- the mike actually in use? As if the police don't have enough to occupy their time.

Wonder if the founding fathers walk around the hallowed streets of gold with paper bags over their heads.

Mark

 

Well at least there was one Judge in NY with some sense.

New York Judge Declares Amateur Radio Is Not a Cell PhoneTAGS: amateur radio, amateur radio service, arrl, ARRL Regulatory Information, cell phone, citizens band, mobile radio, mobile rig
09/10/2010 In many states and localities, it is illegal to talk on a cell phone (without a hands-free device) while behind the wheel -- doing so can result in a ticket and possibly a large fine. But on May 30, 2010, when a New York ham was talking on his mobile rig, he didn't think he was doing anything wrong. Except that the officer who pulled him over and cited him with a $100 fine didn't quite see it that way.
Steve Bozak, WB2IQU, of Clifton Park, told the ARRL that when he was pulled over while driving to Troy -- about 16 miles away -- he assured the officer that he was not speaking on a cell phone, but on his handheld transceiver. But according to Bozak, the officer said "it was all the same to him." So Bozak decided to fight the ticket in court.
"Honestly, it's not the fine or the ticket, but that all the other hams who use mobile radios have to hide the fact we are mobile in Troy," he told the ARRL just days after he was cited. "I will do my best to settle this politely and correctly, for all of the ham community. So I will follow the course and have my day in court, to 'tell it to the judge.' This matter affects 38,000 hams in New York State."
Unfortunately, when Bozak had his day in traffic court, he lost his case. But he didn't give up and took his case to City Court where, on September 8, the judge dismissed the case in Bozak's favor. Bozak argued that his use "of a handheld Amateur Radio does not fit the definition of a mobile telephone, and as such, the present charge should be dismissed." The prosecutor's office did not submit a response in opposition.
Saying that New York's Vehicle and Traffic Law defines a "Mobile Telephone" as a "device used by subscribers and other users of wireless telephone service to access such service," and that a "Wireless Telephone Service" is defined as "two-way real time voice tele-communications service that is interconnected to a public switched telephone network and is provided by a commercial mobile radio service," the judge decided that Bozak's handheld transceiver did not fit that description.
"A review of 47 C.F.R.§20.3 reveals that Citizens Band Radio Service is defined under private mobile radio service not commercial mobile radio service," the decision read. "Therefore, the Court finds 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" As such, the judge dismissed the case in Bozak's favor.
"While the court cited the Citizens Band Service instead of the Amateur Radio Service, the ruling very is favorable to amateurs on the precise point of law raised," said ARRL Regulatory Information Manager Dan Henderson, N1ND. "The principle of law is spot on. This is a great ruling in New York and exactly what we had thought would happen."