Getting caught illegal...

In every single case of the FCC busting a CBer the op is ALWAYS warned first. Always. With Baxter and a couple of the other well-known radio scofflaws, they've received numerous warnings before action was taken. Follow the sage advice of several others on this forum. Don't interfere with other services and you'll be fine if you stick to the frequencies in and around the CB band.

 

Public Law 106-521 (CB radio law). 106th Congress passed, signed by Bill Clinton. Says that all State, & Local Law Enforcement can enforce CB radioLaws & Regulations. That's how Maryland can hit Drivers with $7,500 and up FINES for having an Amp, or Export radios.

106-520......... Making further continuing appropriations for the fiscal Nov. 15, 2000........ 2436
year 2001, and for other purposes.
106-521......... To authorize the enforcement by State and local governments of certain Federal Communications Commission regulations
regarding use of citizens band radio equipment.
Nov. 22, 2000........ 2438

106-522......... District of Columbia Appropriations Act, 2001.............. Nov. 22, 2000........ 2440


http://bulk.resource.org/gpo.gov/laws/106/publ521.106.pdf

 

TRUE .....

IF you are running a illegal radio your NOT protected by FCC rules

 

FCC rules don't protect, they only give the authority to operate a radio given the radio meets the standards the FCC has set. Just to clarify.

Mark

 

FCC rules PROTECT legaL STATIONS .....

A local goverment cannot interfere with your station, seze your radios or order you to to comply with some local law .......

ONLY THE FCC can .......

 

Think you quoted the wrong post or misunderstood me. In any case, our use of a CB is authorised conversant with the rules, not protected. The public has been granted access to that particular stretch of spectrum. The FCC can deny access at anytime. Further, in the rules it states that no one has a privileged or protected status on the band.

I didn't post the blurb regarding local goverment. I knew about the push but it never went anywhere. Just think about the training involved to bring local law enforcement to some proficient technical level. And who pays for it? And not to forget, when would they have the time....be low level enforcement if at all.

Mark

Added @ 2155 Sep 14

Stand corrected. Pl 106-521 does give the states enforcement authority over illegal cb equipment ie power amplifiers, export radios like Conex, Galaxy etc and, over illegal operating between 24MHz and 30MHz. Under this law, the FCC is required to provide as much as possible, technical assistance to the states who wish to participate. Hams are exempt from this.

I knew this was in the works, just never paid much attention to it. I don't what states if any are actively doing this. Can't be too wide spread or there would be a lot posted on it.


Mark

 

Bruce, Mark is correct both in the facts and his assessment of whether or not local LEO would spend time on enforcement. This pertained only to CB not Ham. Done under the big brother democrat mindset of the Clinton administration. Similar to their big brother attack on the 1873 mining act law. Around 97 or 98 I forget which I started counseling drivers to get at least the minimum Ham ticket with 5 WPM code even if they had no interest in talking 10 meters solely for the purpose of insulating themselves from local or state level harassment and confiscation of their export gear. Remember you needed to be licensed for 10 meters which the export model did, and at the time this meant technician plus not just the tech level which was VHF only. Undone in the 99 WARC if you recall. For precisely the same reasons a licensed Ham can build their own station from scratch a so called 'export' radio can be used on the Ham bands. I did however mention to them do not key up on CB if asked. Just say 'I only listen to 19 for road reports I only talk on 10 meters, sorry but I cannot key it up unless I change bands'. To me it made sense to have a rig with SSB since nobody uses AM there and few models went up to the 29 MHZ FM repeater range. We all know this technical point would be lost on virtually any local entity trying to enforce the new CB authority yet it made sense to me to perfectly cover all bases. Meaning why buy a DX 33 get a 77 or higher instead. As a licensed Ham they cannot take away your Galaxy or Connex when they pull you over for a speeding ticket or at a scale-house. In reality even though it is common for FCC agents to demand your rig in situations like when they come out to a house over a complaint only a Federal Marshal can do so and only with a warrant signed by a Federal judge. Seldom occurs, usually the person is coerced out of fear to just willingly hand things over. The new law actually gave authority to local or state officers and concerning CB they do not need any federal authority such as calling a US Marshal. If you have the minimum Ham ticket this is negated.

In the early years of this law I had several drivers testify to me this had actually happened to them as well as them hearing similar stories from other drivers they talked to out there. Seemed to die out around 2000 AFAIK, and I believed it was for the reasons Mark gave in His assessment of the situation. Or at least it seemed the logical conclusion to me at the time. Several mentioned they believed the person took their gear for their own use. Possible I suppose since there was probably no accounting going on concerning the disposition of confiscated gear. Whether true or not I do not know but certainly the people mentioning it believed it to be the case.

 

I agree no one will wast time with CB

 

I think I agree with that, for the most part. I started that way- Connex radio, 200w kicker and a 8' whip. Living in Tucson, we could drive to Mt Lemmon nearly 8000 feet above the desert floor and dang near shoot skip in any direction. I still have the QSL postcards from Australia, Barbados and other countries. Was a heck of a time. So believe me when I say I really don't care if anyone runs power, "big" radios or whatever- as long as no one gets stupid doing it. Unfortantly, that isn't the case. Seems some folks think that just having these radios, they have a license for poor stupid operating practices. So then we end up with idiot laws like this PL- 106-521 and an FCC enforcement bureau. If people would just be smarter about some things, well- you know.

Anyhow, I think I've shot my wad on this thread and think I'll just QSB.

73
Mark

 

Two different issues WRT the legal use of a two way radio and an ILLEGAL use. Nothing in that law in and of itself says you CAN'T use a two way radio that is duly licensed and used in accordance with FCC regulations. The one above does, indeed, allow states to go after illegal radios such as the so-called "10 Meter" radios and illegal operations. With regard to ticketing people under a STATE law for using an "electronic device" of any sort, it cannot be enforced by local pot-bellied Bubba cop. Federal licensing---and CB radio IS Federally licensed regardless of a paper license----regulates the legal use of two way radio devices, and there is 70 year precedent and endorsement FROM FCC in FAVOR of the use of two way radios. Such tickets have already have been thrown OUT of Federal Court in New York State when the judge ruled that the Amateur Radio operator was within his rights, and that a ham radio was NOT a cellphone. The states would have to get the Fed to change FCC's rules to stop use of mobile radios, and that ain't gonna happen due, again, to previous PRECEDENT and the lack of evidence that two way radios have EVER caused any impact upon "distracted driving". Witness the huge influx of CB radios during the 70's and 80's when MILLIONS of otherwise inexperienced operators put CB radios in their cars. If two way radios were going to be a problem, why did "distracted driving" not become a problem 35 years ago BEFORE the advent of cellphones? No. The problem IS the cellphone that, by its very duplex nature (a constant stream of info in and out at the same time) that causes people to become distracted from the primary business: driving the car. A two way radio does not cause that! Everytime states have tried to implement such laws, they have had to back off and exempt two way radios of all kinds because they are LICENSED, and the states can't touch that.........................yet. And when they DO, they'll have a hard row to hoe to prove their case. They CANNOT use the radio as a way to prove you guilty of "distracted driving" or using a "cellphone/electronic device"! Assuming your usage of a CB is legal in every way, they can't touch it!

If they ever try it, invest the money in a court case. You'll WIN and hand their arse back to 'em on a platter!!!


GF