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Old December 11th 05, 09:40 AM posted to rec.radio.cb
 
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Default since when is using a cb against the law in the U.S.?Judge, in effect, rules it is.

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

 
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