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Old September 15th 03, 04:28 AM
Jerry
 
Posts: n/a
Default New York Court Kicks Out charges against ham!

* Court kicks New York ham's "police radio" case: A New York court has
dismissed a misdemeanor charge against ARRL member Richard C. "Dick"
Lalone, KC5GAX, for violating §397 of that state's Vehicle and Traffic
Law. That section prohibits individuals other than law officers from
equipping their vehicles with radios "capable of receiving signals on the
frequencies allocated for police use" without first securing a permit. The
section, which also prohibits knowingly interfering with police
transmissions, contains an explicit exemption for "any person who holds a
valid amateur radio operator's license . . . and who operates a duly
licensed portable mobile transmitter and in connection therewith a
receiver or receiving set on frequencies exclusively allocated . . . to
duly licensed radio amateurs." In a nearly 1300-word decision, Judge John
J. Hallet said it was clear the legislature never intended the provisions
of §397 from applying to licensed Amateur Radio operators, and he
dismissed the charge August 5. Susan Terry, KF4SUE, a former New York
assistant attorney general, represented Lalone. ARRL President Jim Haynie,
W5JBP, ARRL General Counsel Chris Imlay, W3KD, and ARRL Regulatory
Information Specialist John Hennessee, N1KB, provided advice or assistance
to Lalone.


I like THIS one. AW, poor cop, no donut. LOL!!!


Jerry