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Old April 19th 09, 06:33 AM posted to rec.radio.cb,rec.radio.amateur.policy,rec.radio.scanner,misc.legal,alt.politics
Martin Martino Martin Martino is offline
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First recorded activity by RadioBanter: Apr 2009
Posts: 4
Default cb radio in Canada

radioguy wrote in
:

On Apr 18, 11:07*am, Martin Martino
wrote:
radioguy wrote in
news:f4c928f8-1b0f-4357-b84b-
:



Also under law you are REQUIRED to have a working mobile ham radio
in your car if you have ham plates
And if you do, FEDERAL LAW REQUIRES hams to use it while driving,
in certain situations.


Besides, if you have ham plates, then under law, you are NOT
allowed to uninstall the ham radio from your car.


There is NO law in New York State (or any other state that I am aware
of)

,
which requires one to have a "working mobile ham radio" in a vehicle
whic

h
has ham radio plates.


Oregon, Alaska, North Carolina, Texas, Virginia, and Missouri all by
law, REQUIRE hams to have a ham radio installed in their vehicle if
they have ham platetes


..

Oregon only requires ham radio applicants show proof of eligibility for ham
radio plates by submitting a copy of their license when they apply for the
plates.

http://www.oregon.gov/ODOT/DMV/vehic...ular.shtml#ham

Alaska only requires ham radio applicants show proof of eligibility for ham
radio plates by submitting a copy of their license when they apply for the
plates.

http://www.state.ak.us/dmv/plates/amradio.htm

Missouri only requires ham radio applicants show proof of eligibility for
ham radio plates by submitting a copy of their license when they apply for
the plates.


http://dor.mo.gov/mvdl/motorv/forms/838.pdf

I can't access the North Caroline DMV at the moment.


I'll give you that Texas and Virginia do indeed indicate (on their ham
license plate applications) that the applicant must show proof of a valid
amateur radio license, AND intends to operate 2-way radio equipment in the
vehicle to which the plates will be attached.



And under FEDERAL LAW must answer even if they're driving if they hear
someone call an emergency on one of the ham channels they know they
can help by answering if no one else answers.

Not ddoing so goes against the first purpose of the amateur radio
service as listed in part 97 of FEDERAL communications commission
rules.
and can result in them getting fined.


It turns out that is exactly WHY Texas (in particular) does require holders
of ham radio vanity plates to carry radio equipment... In the state's view,
If a ham puts his call sign on his vehicle's license plates, he is
essentially "advertising" his ability (and willingness) to provide
emergency communications services.

So in Texas, (at least), far from being harrassed by law enforcement for
having radio gear in his vehicle, a ham is more likely to be called upon to
ASSIST law enforcement (or other emergency services) if regular
communications channels are unuseable for whatever reason. Don't want to
help out? Don't apply for ham plates.


And FEDERAL law overrules all state law despite you saying New York
state law overrules all FEDERAL law.


You're putting words in my mouth, or responding to someone else. I never
said a single thing about state vs. federal law. I just pointed out that in
New York State - specifically - there is no requirement to have operational
mobile radio equipment in a vehicle as a precondition for having STATE
ISSUED ham radio license plates.

I admit that there are some states which do appear to have such a
requirement, but New York is not one of them.

But, since we're on the subject, it is absolutely incorrect to make the
blanket statement that "federal law overrules all state law." That is most
assuredly not the case. Read the 10th amendment to the Constitution.