A new BIG Radio on the way !!!
Discussion in 'CB Radio Forum' started by Mt Airy, Sep 28, 2012.
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Just because they don't, doesn't mean they can't...
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Oh, I agree wholeheartedly but this is a "what-if" scenario that never before occurred and as someone else astutely indicated, the FCC has little to no cash for this and the current protocol of Uncle Charlie is to respond only when safety is breached (such as broadcasting on frequencies reserved for government services) or when a complaint is filed and even when a complaint is filed the agency usually waits for multiple complaints instead of just one in regard to CB radio before it acts. The FCC enforcement bureau is operating with a skeleton crew and practically zero budget for such things, responding only to complaints and safety concerns.
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Maryland DOT does inspect radios at scales. And will issues $7,500 FINES for having Export radios without a Amateur radio license. And they have been doing this for over 7 years now.
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This I have experianced personally. I run tri axle dump into Maryland once in a while and get pulled alot. I have my 2 mtr under my cb and had a few officers ask about it and then they get this grin on there face when asking about my FCC license and then when I show them they hand it back with a depressed look........
delta5 Thanks this. -
The officer will be creaming his trousers when he sees the new Icom IC-7000 I plan to have mounted... and tuned to 27.185 just for him!
WA4GCH Thanks this. -
I wouldn't do that if I were you. When you hit that scale, have the radio on the ham bands instead. Why? Because if you have it on 27 MHZ. it is possible that the cop could be a ham himself. If he really wanted to be a butt, he could charge you with using illegal equipment, not because you are a ham(?), but because you are using an uncertified tranceiver ON CB. It is a stretch, but it doesn't mean a smart aleck who doesn't like being thwarted won't TRY to inconvenience you at the very least with some sort of "ticket" just because you have that radio. Remember: having an amateur ticket doesn't exempt you from the law. It may help, but the cop may not care, and either ticket you or relieve you of an expensive radio you will either have to forfeit or return to court resulting in lost time, fuel, and fees. Is it worth rubbing it in Bubba cop's face? Me, I'd be on 3920 KHZ with my Icom instead!

GFBig_m and Jersey John Thank this. -
The above regulation alone shifts the burden of proof from possession to use. Having a ham rig (or amp) capable of being used on the CB bands is sufficient evidence of use unless you have a ham license.
Any halfway competent lawyer would not only get it tossed out, but would recover lost time, wages, and expenses, and probably some punitive damages as well.
Point taken, though; 27.185 would probably not be the best choice. It would be priceless, though, if the radio is unmodified (receive only) on that frequency.900,000-tons-of-steel Thanks this. -
If the DOT is issuing fines this is a first and I'll tell you why. NO other entity has the authority to enforce FCC law let alone institute a fine without passing its own legislation such as a few communities in the US have done. Just checked the MD DOT website and nothing at all there in regard to CB or citizens band radio except exempting it from cellular phone laws while driving. Just double-checked the FCC site as well and while the bureau CAN delegate regulatory authority to another agency it has not done so in regard to CB radio so any fine relating to CB radio from a state agency, unless the state specifically passed a legislation regulating such, is unconstitutional, not enforceable and possibly illegal. Appears as if a rogue enforcement officer from the DOT is on the make. From what I understand, a complaint to the FCC regulatory board regarding another agency levying and collecting fines regarding federal infractions can result in federal funds being pulled from that state as punitive. The Supreme Court ruled on behalf of the Chamber of Commerce of the United States that state entities may enforce federal law but the situation(s) must be handled at a federal level (court) if federal law was in fact, breached. Seems to me like a simple call to the FCC would end this practice immediately in MD if fines are actually being handed out. -
Ditto...and it would be his luck the cop would not only be a ham, but would happen to own that radio AND know what he had to do to see if the radio could cover 27 MHz.
It's like when hot rodders take something like a 1976 Camaro, soup it up and remove all of the emissions equipment, and then gets pulled over by another cop who also happens to be a hot rodder....and sees an aftermarket exhaust on the car...and then decides to look under the passenger side floor board, and notices the catalytic converter is missing. Said hot rodder cop (due to his hot rod/car knowledge) happens to know EVERY American built car since 1975 had a catalytic converter from the factory....next thing you know the Camaro is flat bedded away and the owner is cited with a federal offense.....yes it might be far fetched, yes the chances of getting caught are slim to none, but you get the idea.
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