Earlier this summer, I bought a legal CB radio antenna from Radio Shack
and followed the instructions on it when putting it on my car. Then
right after it was on, while I was driving, something happened that
never happened to me before while I didn't have it. A cop followed me
for miles, following every turn I made, even though I wasn't speeding
and wasn't breaking any laws. It was like he was following me for it
being against the law to have a CB antenna on your car. Through my
rearview mirror, I also saw him radio gfrom his car. I guess he was
running my plates just because I had a cb antenna on my car. After
miles, he finally turned a different way. I was on the regular roads
when all of it happened, not on the freeway.

However, now a ham radio operator who was using his ham radio while
driving was arrested for using his "cell phone" while driving. The ham
radio operator fought it in court and after the judge heard the real
descriptions about the radio, the judge ruled that it is similar enough
to a cell phone that it is against the law to use it while driving.

That's what the judge basically said and still counted it as a cell
phone.

I think most people use their cb's in their car. Now, since mobile ham
radios and mobile cb's operate the same way, a separate hand held
microphone that can be used with one hand,

the judge has in effect also ruled that it's against the law to use any
cb while mobile in your car, since a cb is similar enough to a cell
phone. (although the judge had actually said it about mobile ham
radios while driving).

So how come the police, judge, and federal government isn't going after
the manufacturers of the mobile cb's (since those are made to be used
in only cars and not homes, (you can't operate them on house current or
AA batteries) same for mobile ham radios) or after the FCC who approved
of these illegal radios as legal?


Here's the source of the story:

Source: This Week in Amateur Radio
Categories: Amateur Radio News

17:45

Ham Operator ticketed for using his ''cell phone''

Joey Hernandez, W2JLH, was issued a citation for operating his amateur
radio while mobile. He went to court where the judge presiding had to
consult a law book regarding the issue, and when the radio was
described to him, he pronounced a guilty verdict to Mr. Hernandez,
saying that the description of the use of the radio was too similar to
the use of a cell phone and therefore he was guilty as charged. More on
this issue can be found at the linked URL.
Source: This Week in Amateur Radio
Categories: Amateur Radio News

sorry about the double posting. I don't know how that happened.
Regarding my post, I just remembered, isn't there a federal law that is
supposed to exempt any ham radio operators from any local or state laws
that forbid the use of ham radios while mobile?

And yet, the ham radio operator is still counted as "guilty" by the
judge for using his ham radio while mobile.

Or was this a federal judge who ruled that it was against the law for
the ham radio operator to use his mobile ham radio while he is mobile?

which, in effect, also makes using mobile cb radios against the law
while mobile.

going by the reasoning the judge gave about the ham radios.

I guess we all have to start looking for base cb radios now, unless you
already have one.

But what's the use if you're trying to stay in contact with someone who
is mobile while you're at home or vice versa?

wrote in message
oups.com...
sorry about the double posting. I don't know how that happened.
Regarding my post, I just remembered, isn't there a federal law that is
supposed to exempt any ham radio operators from any local or state laws
that forbid the use of ham radios while mobile?

And yet, the ham radio operator is still counted as "guilty" by the
judge for using his ham radio while mobile.

Here in blighty it isnt illegal to use one while driving UNLESS..... you
show signs of careless driving or lack of proper control of your vehical to
which then the cb/amateur radio will be used as the cause of your clumsiness
and you will be prosecuted.

Or was this a federal judge who ruled that it was against the law for
the ham radio operator to use his mobile ham radio while he is mobile?

which, in effect, also makes using mobile cb radios against the law
while mobile.

going by the reasoning the judge gave about the ham radios.

To describe a cell phone as the same or near enough the same as a CB shows
the Judges lack of understanding in this case. Cell phones have to be held
to the ear to talk and listed rendering one hand useless for driving as its
held to the head during the entire call(for god sake if your driving and
have a headache dont hold your head or you will be pulled over thinking your
on a cell phone) whereas CB/Amateur hand mics are only used when
transmitting and can be rested on the steering wheel or kept to one side of
the hand while operating the other functions of the car. (indicators, gear
lever etc) so basically the Judge is a dick and the guys defence was bloody
useless. Like i said earlier though if you show signs of losing control of
your vehical or careless driving you will be prosicuted and the CB will be
cited as the reason for your incompetance.

I guess we all have to start looking for base cb radios now, unless you
already have one.

Theres always the hands free option the same as mobile phones. As far as i
know theres no law against using these, in the phones case your not meant to
touch the phone to recieve or end calls with your hand otherwise you should
be fine. Mind you thats in the UK but with all the laws we have im sure the
US cant be worse.... or can it??

But what's the use if you're trying to stay in contact with someone who
is mobile while you're at home or vice versa?

Pull over in a safe area to take the call or just listen? Personally as long
as you are competent in talking on a mic while driving and you dont go into
another world and lose concentration i wouldnt worry too much about it.

Regards,
Graham
--
_._. _... ._. ._ _.. .. _ _ _

Radio is only a Hobby. Don't let it rule your life...

73's - Graham (www.open-channel.co.uk)

From: (The*Magnum)
wrote in message
oups.com...
Here in blighty it isnt illegal to use one while

driving UNLESS..... you show signs of

careless driving or lack of proper control of

your vehical to which then the cb/amateur

radio will be used as the cause of your

clumsiness and you will be prosecuted.

What the poster claims occurred to him is bull****. It never happened.
His cut and paste from the arrl may be the only credible thing he
posted, ever. You're responding to N8WWM. Google "152.163" (first part
of his ip#) in this group. 'Nuff said.

"I AmnotGeorgeBush" wrote in message
...
From: (The Magnum)
wrote in message
oups.com...
Here in blighty it isnt illegal to use one while

driving UNLESS..... you show signs of

careless driving or lack of proper control of

your vehical to which then the cb/amateur

radio will be used as the cause of your

clumsiness and you will be prosecuted.

What the poster claims occurred to him is bull****. It never happened.
His cut and paste from the arrl may be the only credible thing he
posted, ever. You're responding to N8WWM. Google "152.163" (first part
of his ip#) in this group. 'Nuff said.

Nuff said indeed. Thanks for that.

Regards,
Graham
--
_._. _... ._. ._ _.. .. _ _ _

Radio is only a Hobby. Don't let it rule your life...

73's - Graham (www.open-channel.co.uk)

What the poster claims occurred to him is bull****.

no it isn't.

It never happened.

Yes it did.

His cut and paste from the arrl may be the only credible thing he
posted, ever. You're responding to N8WWM. Google "152.163" (first part
of his ip#) in this group. 'Nuff said.

Nuff said indeed. Thanks for that.

Regards,
Graham

I am the original poster who cut and pasted the ARRL article in here. I
am not N8WWM and I was never N8WWM.

look at the IP numbnuts. I know you are stoopid, but how stupid can you
be? The answer grows daily.

Doug Adair, felonious cretin, spawned creature of sin, judged and spake
of evil wanton and sinful desire with:

look at the IP numbnuts.

Path:
g2news1.google.com!postnews.google.com!g49g2000cwa .googlegroups.com!not-for-mail
From:
Newsgroups: rec.radio.cb
Subject: since when is using a cb against the law in the U.S.?Judge, in
effect, rules it is.
Date: 11 Dec 2005 01:40:13 -0800
Organization: http://groups.google.com
Lines: 56
Message-ID: .com
NNTP-Posting-Host: 152.163.100.134


Mime-Version: 1.0
Content-Type: text/plain; charset="iso-8859-1"
X-Trace: posting.google.com 1134294016 21970 127.0.0.1 (11 Dec 2005
09:40:16 GMT)
X-Complaints-To:
NNTP-Posting-Date: Sun, 11 Dec 2005 09:40:16 +0000 (UTC)
User-Agent: G2/0.2
X-HTTP-UserAgent: Mozilla/4.0 (compatible; MSIE 6.0; CS 2000 6.0;
Wal-Mart Connect 6.0; Windows NT 5.1; .NET CLR
1.0.3705),gzip(gfe),gzip(gfe)
X-HTTP-Via: HTTP/1.1 Turboweb [rtc-tf103 8.3.5], HTTP/1.0
cache-rtc-ac05.proxy.aol.com[98A36486] (Traffic-Server/5.4.0 [uScM])
Complaints-To:
Injection-Info: g49g2000cwa.googlegroups.com;
posting-host=152.163.100.134;
**
_
N8WWM, miscreant of Babylon who ejaculate forth disease, hath been
righteously received. Borne of he:

I know you are

stoopid

look at the IP numbnuts. I know you are stoopid, but how stupid can
you
be? The answer grows daily

I am NOT who you claim I am.

At least, I'm not if you're claiming that I'm N8WWM.

On Mon, 12 Dec 2005 16:27:08 -0500, (I
AmnotGeorgeBush) wrote:

From: (TheÂ*Magnum)
wrote in message
roups.com...
Here in blighty it isnt illegal to use one while

driving UNLESS..... you show signs of

careless driving or lack of proper control of

your vehical to which then the cb/amateur

radio will be used as the cause of your

clumsiness and you will be prosecuted.

What the poster claims occurred to him is bull****. It never happened.
His cut and paste from the arrl may be the only credible thing he
posted, ever. You're responding to N8WWM. Google "152.163" (first part
of his ip#) in this group. 'Nuff said.

Here is a link to the original article from W2JLH

http://www.eham.net/articles/12676