Having a scanner in a truck

Discussion in 'Trucking Industry Regulations' started by LooneyTune, Jul 29, 2010.

  1. thelastamericanhippy

    thelastamericanhippy Road Train Member

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    No law about the commercial vehicle, you can have one............... its just certain states, and then local laws !!

    On that link, click and read kentucky ........misdemeanor, fine, up to a year....... etc...........

    Have you asked your safety dept ??

    Keep us posted !!
     
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  3. FriedTater

    FriedTater Keeper of The Snakes

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    See the real "Problem" is all these Brain Widgets talking about what they think they know.
    Falling well short of application experience to support the alleged knowledge.

    ANYONE can run a scanner and listen to Amateur Radio Frequencies,you can not be rightfully cited/fined for such action.If Cited it is easily defeated with testimony showing reasonable doubt(proof) the operator "wasn't" operating the unit illegally.
    Summery,cop cant prove in court you were on xxxxMhz or using the unit to commit a crime,case closed.
    BUT OF COURSE,every cop is trained to operate a scanner right?

    Ive been questioned on a few inspections,
    DOT;Is that a scanner ?
    Yes,its abit old but still works
    I use it to listen to the Ham Op's and sometimes Air Traffic Control near airports late in the evening when nothing else is on the FM.
    Not much good for anything else

    Pretty interesting how they talk to each other around the world like they
    do.
    DOT;
    Would you pump your brakes down so I can hear your low air warning?
    Sure,

    Inspection Complete,Passed as usual and sent on my way . . . . . .

    With my "ILLEGAL" Scanner? . . . . . . .
     
  4. UFO

    UFO Light Load Member

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    lebanon in
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    IC 35-44-3-12
    Unlawful use of a police radio; exemptions; "police radio" defined
    Sec. 12. (a) A person who knowingly or intentionally:
    (1) possesses a police radio;
    (2) transmits over a frequency assigned for police emergency purposes; or
    (3) possesses or uses a police radio:
    (A) while committing a crime;
    (B) to further the commission of a crime; or
    (C) to avoid detection by a law enforcement agency;
    commits unlawful use of a police radio, a Class B misdemeanor.
    (b) Subsection (a)(1) and (a)(2) do not apply to:
    (1) a governmental entity;
    (2) a regularly employed law enforcement officer;
    (3) a common carrier of persons for hire whose vehicles are used in emergency service;
    (4) a public service or utility company whose vehicles are used in emergency service;
    (5) a person who has written permission from the chief executive officer of a law enforcement agency to possess a police radio;
    (6) a person who holds an amateur radio license issued by the Federal Communications Commission if the person is not transmitting over a frequency assigned for police emergency purposes;
    (7) a person who uses a police radio only in the person's dwelling or place of business;
    (8) a person:
    (A) who is regularly engaged in newsgathering activities;
    (B) who is employed by a newspaper qualified to receive legal advertisements under IC 5-3-1, a wire service, or a licensed commercial or public radio or television station; and
    (C) whose name is furnished by his employer to the chief executive officer of a law enforcement agency in the county in which the employer's principal office is located;
    (9) a person engaged in the business of manufacturing or selling police radios; or
    (10) a person who possesses or uses a police radio during the normal course of the person's lawful business.
    (c) As used in this section, "police radio" means a radio that is capable of sending or receiving signals transmitted on frequencies assigned by the Federal Communications Commission for police emergency purposes and that:
    (1) can be installed, maintained, or operated in a vehicle; or
    (2) can be operated while it is being carried by an individual.
    The term does not include a radio designed for use only in a dwelling.
    ---------------------------------------------------------------------------------
    IC 35-50-3-3
    Class B misdemeanor
    Sec. 3. A person who commits a Class B misdemeanor shall be imprisoned for a fixed term of not more than one hundred eighty (180) days; in addition, he may be fined not more than one thousand dollars ($1,000).
    As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.125.
    =================================================================
    that's indiana law. you can look it up yourself. add to this the cost of your truck being impounded, lost revenue, bond, and having to return to face trial plus attourney fees. other state have different laws, some more strict, some less.

    still heresay?
     
  5. thelastamericanhippy

    thelastamericanhippy Road Train Member

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    Scanners, dogs, snakes trucks, whatever.........some folks Enjoy arguing !!!!

    Laws do not pertain to certain folks, their choice.

    Giving bad advice, and getting others in trouble, some folks enjoy that.

    The OP is smart enough to make a smart choice.
     
  6. lostNfound

    lostNfound Road Train Member

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    Hmm... it looks like an argument could be made here as many jurisdictions have codified truck cabs as work space (place of business) for the purpose of enforcing other regulations:
    It might only be applicable to O/O and the definitions of "dwelling" and "place of business".
     
    FriedTater Thanks this.
  7. thelastamericanhippy

    thelastamericanhippy Road Train Member

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    And also, that is just 1 state.

    What would a ######## in new york say or do, they can be ridiculous ..............
     
  8. thelastamericanhippy

    thelastamericanhippy Road Train Member

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  9. dieselbear

    dieselbear Road Train Member

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    Well this rule states "
    (1) possesses a police radio;
    (2) transmits over a frequency assigned for police emergency purposes; or
    (3) possesses or uses a police radio:

    I don't see the term scanner referenced. It says police radio and transmitting on a frequency. The way I read this, it means like a radio I wear and talk on everyday. SO by everyone's thinking all the fireman and paramedics that have scanners would be breaking the law as well. I know of no federal regulation in Title 49 CFR FMCSA Rules and regulations that deal with scanners. I have stopped plenty of truckers with them and could care less. It's not against the law in my State or local jurisdiction. As other poster's stated earlier, without the trunking system, most scanners won't pick up the 800 mhz radios, 700 mhz radio frequencies my Agency and others are using. I know my father in law has a 800 mhz scanner that picks up low and high band as well. Years ago he could listen from his house, the dispatchers and all the troopers talking back and forth with every transmission. Now, he can hear the dispatchers but not the individual troopers talking car to car because of the trucking system. From what I understand they are expensive to obtain.

    As far as knowing where we are setting up laser, at least where I work, we dont get on the radio and say "I'll be conducting a speed enforcement assignment at I-95 at whatever MM" You might hear, chatter or a call being dispatched but it's really not that exciting or interesting crap to listen to. I wish there were days I could just turn mine off and hear nothing but total silence. The other thing is the 10 codes. They are different from State to State. Some remain the same but many are totally different.
     
  10. UFO

    UFO Light Load Member

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    lebanon in
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    i guess you didn't see this part, right?
    -----------------------------------------------------------------------
    (c) As used in this section, "police radio" means a radio that is capable of sending or receiving signals transmitted on frequencies assigned by the Federal Communications Commission for police emergency purposes and that:
    (1) can be installed, maintained, or operated in a vehicle; or
    (2) can be operated while it is being carried by an individual.

    it states: SENDING OR RECEIVING. that means in indiana, a scanner is considered a police radio. saw a guy walk into the clinton county jail a few years back with an operating scanner in his back pocket. he was promptly arrested. the arrest stuck, and the guy was convicted, paid a small fine and walked out of the courtroom......without a scanner in his pocket.

    i don't care one way or another about who does and does not have a scanner. the wrong cop at the wrong time and somebody might have a problem. these days most l.e. agencies are up on 8-900 mhz. with coding technology anyway. more and more are dispatching by m.c.t in the car, and that requires technology such as preditor or another encoding program.

    the thing is, if you guys are so smart about the law, how come you drive a truck?
     
    thelastamericanhippy Thanks this.
  11. LooneyTune

    LooneyTune Just plain nuts

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    That's one state and by the way since when does driving a truck make someone stupid?
     
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