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Old April 19th 09, 08:21 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
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radioguy wrote in news:be557016-bf66-4c4f-b10b-
:


What happened to the FEDERAL law that states states must recognize
other state's laws and vehicle equipment installations as legal?


I don't know where you got this notion from, but there is NO SUCH FEDERAL
LAW. Not when it comes to "vehicle equipment installations" - and this
covers many, many areas besides ham radio.

Some examples:

In some states it is legal to have dark tint on a car's side and rear
windows. In other states it is NOT legal, and an out-of-state car CAN be
ticketed for such, even though the windows might be perfectly legal in the
car's "home" state.

Likewise, rules relating to minimum or maximum ground clearance under a
vehicle. What might be allowed in one state, could well get you a ticket in
a neighboring state.

Likewise, rule regulating exhaust systems and the amount of noise emitted
by same.


But, in other areas, states have NO authority over what other states do...



If you have ham plates, then Alaska, Oregon, North Carolina, Texas,
Virginia, and Missouri ALL REQUIRE that you MUST have ham radio
equipment INSTALLED in the vehicle.


First of all, of the states you listed, only Texas and Virginia have such a
requirement - the others do not - and the requirement only holds true for
vehicles REGISTERED IN THAT STATE. A Texas vehicle with ham plates might
need to have radio equipment installed IN TEXAS, but a vehicle from
California (with California ham plates) does not have to meet the
requirement, just because it might be travelling through Texas.


And most cities, countis, and police departments in other states do
not issue any such documents as you say New York requires.


It's not a case of "you say" - the other poster pasted a direct quote from
Section 397 of New York's Vehicle and Traffic Law. But you didn't read it
very closely, because the locally-issued "documents" it refers to are to
authorize persons OTHER THAN HAMS to have mobile radio equipment. A
licensed amateur does not require a "local permit" - his license alone is
all the authorization he needs.

Now, if the licensed ham is not present in the vehicle, then yes, there
might be a problem.


And I've seen posts saying that's illegal in New York to have a design
in the middle of your ha call letters on your ham plates, and if you
drive through there like that, you will get arrested eveen more.

So that is saying that sdome hams are NOT allowed to drive their
perfectly legal cars with theirperfectly legal ham call plates through
New York state because some states require a design like a lightning
bolt on the ham plates in the middle of the call letters.


That prohibition might hold true for a New York-issued plate, but NYS has
no control (or interest) in the particular color or design of other
states' license plates, as long as the plate and registration is valid and
current in the vehicle's home state.



The FEDERAL law about states must recognize other state's laws about
license plates, stickers, sticker placement, and equipment
installation in vehicles as legal if it's legal in the state the car
and driver are registered in is still in effect and valid.


You're mixing apples and oranges here. A valid vehicle registration in one
state, must be recognized as valid in ALL states - likewise a valid
driver's license. Such recognition is based on the "full faith and credit"
clause of Article IV, Section 1 of the U.S. Constitution.

But, when you get into "sticker placement" and "equipment installation",
again I tell you there is not, and never has been, ANY "federal law"
mandating such. I gave a few examples above - there are hundreds more.


And what about a large family of hams who the whole family has gotten
ham liscenses and has all their vehicles registered with the exact
same ham call plate, perfctly legal in their home state who then must
tak and drive two or all three of their cars on vacation through New
York state in order to legally fit them in the cars.


In Texas, you can have the exactly the same ham plate on multiple vehicles
because the plate itself IS NOT THE VEHICLE LICENSE. The actual license is
on a window sticker - and that sticker number is unique for each vehicle.
As long as the stickers on all vehicles are curent and valid in Texas, you
can drive them legally in any state.