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Old April 19th 09, 02:12 PM posted to rec.radio.cb,rec.radio.amateur.policy,rec.radio.scanner,misc.legal,alt.politics
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Posts: 48
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On Sat, 18 Apr 2009 21:15:38 -0700 (PDT), radioguy
wrote:

On Apr 18, 5:37*pm, Steve Stone wrote:
* New York State
* Department of Motor Vehicles
* Custom Plate Gallery - Emergency Services

Ham Radio Operator

Requirements: copy of license issued by FCC. * *$23/$5

-----

§ 397
§ 397. Equipping motor vehicles with radio receiving sets capable of
receiving signals on the frequencies allocated for police use. A person,
not a police officer or peace officer, acting pursuant to his special
duties, who equips a motor vehicle with a radio receiving set capable of
receiving signals on the frequencies allocated for police use or
knowingly uses a motor vehicle so equipped or who in any way knowingly
interferes with the transmission of radio messages by the police without
having first secured a permit so to do from the person authorized to
issue such a permit by the local governing body _ or board of the city.
town or village in which such person resides, or where such person
resides outside of a city or village in a county having a county police
department by the board of supervisors of such county, is guilty of a
misdemeanor, punishable by a tine not exceeding one thousand dollars, or
imprisonment not exceeding six months, or both. Nothing in this section
contained shall be construed to apply to any person who holds a valid
amateur radio operators license issued by the federal communications
commission and who operates a duly licensed portable mobile transmitter
and in connection therewith a receiver or receiving set on frequencies
exclusively allocated by the federal communications commission to duly
licensed radio amateurs.


This law deals with the installation of ANY radio RECEIVER that can
monitor police frequencies. The wording DOES NOT suggest that a ham
MUST have a unit in the plated vehicle. The law only says that the
owner of said plates must be licensed to do so.


§ 397-a. Radar detectors prohibited. 1. No radar detector shall be used
in any motor vehicle with a gross vehicle weight rating of more than
eighteen thousand pounds. The presence in such vehicle of a radar
detector connected to a power source and in an operable condition is
presumptive evidence of its use by any person operating such vehicle.
Such presumption shall be rebutted by any credible and reliable evidence
which tends to show that such radar detector was not in use.



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


That's known as the "International Reciprocity Pact". It is not
necessarily a federal law. Which is also damned difficult to find on
the search engines.

If you live in NY, anything that NY law says is legal on your
vehicle, must also be accepted as legal anywhere else in the country
as well as Mexico and Canada.



Yours contradicts both the other states and FEDERAL law.

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.


No. Those states can only accept the plate. Their laws are for the
residents of their states for the issuance of such plates.


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

People do go on vacation to other states.

And since many people can only afford one car,

what if it's the ham's wife driving the car thrugh New York without
him.


All that is necessary is that the owner of the said vehicle and plates
has met the state's requirement's for those plates. Stopping an out of
state vehicle simply because the officer did not see the registered
owner driving the vehicle is not probable cause and would not hold up
in court.



Of course, she isnt going to have any such document as you say New
York requires even if his locality did issue such a document to him.
Which most don't because the plates are proof enough.

And of course, she wouldn't have a radio liscense like he does.

Plus SOME states by law put a design in the middle of the ham plate
letters.

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.


If your plates are from NY.


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.

And you all probably don't even know how to run ham plates.

SOME states allow the exact same call plates on multiple vehicles.
That is, no -1, -2, -3 like New York requires.


Really? Got a case cite for this?



I saw posts saying that is illegal in New York to have any vehicle
with ham plates like that
registered to multiple vehicles even if you're from out of state.

Since when does New York state law OVERRULE Federal law?


Because they say it does.


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.

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.


wrong.


It's illegal in my state to have a car overcrowded with too many
people. Four or six is the limit depending on how many seatbelts there
are and the size of the vehicle, 2 door or 3 door.

And some vehicles only seat two people, like some pickup trucks or
some small cars.


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Old April 19th 09, 04:47 AM posted to rec.radio.cb,rec.radio.amateur.policy,rec.radio.scanner,misc.legal,alt.politics
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First recorded activity by RadioBanter: Nov 2008
Posts: 159
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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 which
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

And probably some other states also.

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.

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







You seem to have a bad habit of just making stuff up, and then posting your

fantasies as "facts".


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Old April 19th 09, 05:15 AM posted to rec.radio.cb,rec.radio.amateur.policy,rec.radio.scanner,misc.legal,alt.politics
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Posts: 1,898
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In rec.radio.amateur.policy radioguy wrote:

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


Got a reference to the relevant statutes?

snip babble

Are you drunk, on drugs, insane, or just blazingly stupid?


--
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Old April 19th 09, 06:20 AM posted to rec.radio.cb,rec.radio.amateur.policy,rec.radio.scanner,misc.legal,alt.politics
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First recorded activity by RadioBanter: Nov 2008
Posts: 159
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On Apr 19, 12:15*am, wrote:
In rec.radio.amateur.policy radioguy wrote:

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


Got a reference to the relevant statutes?


http://www.arrl.org/FandES/field/reg...al/plates.html



snip babble

Are you drunk, on drugs, insane, or just blazingly stupid?

--
Jim Pennino

Remove .spam.sux to reply.





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Old April 19th 09, 06:23 AM posted to rec.radio.cb,rec.radio.amateur.policy,rec.radio.scanner,alt.radio.scanner,alt.radio.family
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First recorded activity by RadioBanter: Nov 2008
Posts: 159
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On Apr 19, 12:15*am, wrote:
In rec.radio.amateur.policy radioguy wrote:

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


Got a reference to the relevant statutes?


http://www.arrl.org/FandES/field/reg...al/plates.html


snip babble

Are you drunk, on drugs, insane, or just blazingly stupid?

--
Jim Pennino

Remove .spam.sux to reply.




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Old April 19th 09, 05:45 PM posted to rec.radio.cb,rec.radio.amateur.policy,rec.radio.scanner,alt.radio.scanner,alt.radio.family
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First recorded activity by RadioBanter: Jun 2006
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In rec.radio.amateur.policy radioguy wrote:
On Apr 19, 12:15Â*am, wrote:
In rec.radio.amateur.policy radioguy wrote:

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


Got a reference to the relevant statutes?


http://www.arrl.org/FandES/field/reg...al/plates.html


Following the links to the relevant state laws, one finds 2 of those
states have no radio requirement, and none of the others have any
installed radio requirement.

Of those with a radio requirement, occasional use of a HT qualifies,
except Virginia where you would have to keep a HT in the vehicle to
meet the letter of the law.

So there is no state that "REQUIRE hams to have a ham radio installed
in their vehicle" from your own link.


--
Jim Pennino

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Old April 21st 09, 10:26 AM posted to rec.radio.cb,rec.radio.amateur.policy,rec.radio.scanner,misc.legal,alt.politics
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On Apr 19, 12:15*am, wrote:
In rec.radio.amateur.policy radioguy wrote:

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


Got a reference to the relevant statutes?



There's this marvelus invention called Google. Learn all about it.

OREGON: Does not appear that Oregon requires equipment to be
installed in the vehicle.
http://www.oregon.gov/ODOT/DMV/vehic...eregular.shtml


ALASKA: DOES require equipment in the vehicle. Check the application
he
http://www.state.ak.us/dmv/forms/pdfs/830.pdf


NORTH CAROLINA: Requires that the person requesting a call letter
plate purchase a radio that can be used in emergencies.
http://www.state.ak.us/dmv/forms/pdfs/830.pdf

MISSOURI: Does not appear that MO requires equipment.
http://dor.mo.gov/mvdl/motorv/forms/1716.pdf


TEXAS: DOES require equipment in the vehicle:
"You may apply for Radio Operator specialty plates if you hold an
amateur radio station license issued by the Federal Communications
Commission and operate receiving and transmitting mobile amateur radio
equipment in a passenger car or truck."
http://rts.texasonline.state.tx.us/N...d=80&pltid=132


VIRGINIA: DOES require that the vehicle have equipment permanently
installed.

-- quote
http://www.dmv.state.va.us/exec/vehi...o.asp?idnm=HAM


Personalization available Yes
Number of characters combinations available on plate 6
Plate Fee (in addition to plate fee) $1.00 Annually
Personalized plate fee (in addition to registration fee)
Disabled symbol available Yes


Requirements: MUST PROVIDE WRITTEN STATEMENT FROM FCC LICENSED AS HAM
RADIO OPERATOR. VEHICLE MUST HAVE OPERATIONAL RADIO EQ. PERMNT
INSTALLED

-- end quote

And there's a summary of state requirements on the ARRL website. You
are welcome to find that yourself.





snip babble

Are you drunk, on drugs, insane, or just blazingly stupid?



Perhaps we could ask the same of you.



--
Jim Pennino

Remove .spam.sux to reply.


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Old May 8th 09, 06:10 PM posted to rec.radio.cb,rec.radio.amateur.policy,rec.radio.scanner,misc.legal,alt.politics
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First recorded activity by RadioBanter: Feb 2009
Posts: 38
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On Apr 21, 5:26*am, "Kickin' Ass and Takin' Names"
wrote:
On Apr 19, 12:15*am, wrote:

In rec.radio.amateur.policy radioguy wrote:


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


Got a reference to the relevant statutes?


There's this marvelus invention called Google. *Learn all about it.

OREGON: *Does not appear that Oregon requires equipment to be
installed in the vehicle.http://www.oregon.gov/ODOT/DMV/vehic...eregular.shtml

ALASKA: *DOES require equipment in the vehicle. *Check the application
hehttp://www.state.ak.us/dmv/forms/pdfs/830.pdf

NORTH CAROLINA: *Requires that the person requesting a call letter
plate purchase a radio that can be used in emergencies.http://www.state.ak.us/dmv/forms/pdfs/830.pdf

MISSOURI: *Does not appear that MO requires equipment.http://dor.mo.gov/mvdl/motorv/forms/1716.pdf

TEXAS: *DOES require equipment in the vehicle:
"You may apply for Radio Operator specialty plates if you hold an
amateur radio station license issued by the Federal Communications
Commission and operate receiving and transmitting mobile amateur radio
equipment in a passenger car or truck."http://rts.texasonline.state.tx.us/NASApp/txdotrts/SpecialPlateOrderS...

VIRGINIA: DOES require that the vehicle have equipment permanently
installed.

-- quotehttp://www.dmv.state.va.us/exec/vehicle/splates/info.asp?idnm=HAM

Personalization available Yes
Number of characters combinations available on plate * *6
Plate Fee (in addition to plate fee) *$1.00 Annually
Personalized plate fee (in addition to registration fee)
Disabled symbol available Yes

Requirements: MUST PROVIDE WRITTEN STATEMENT FROM FCC LICENSED AS HAM
RADIO OPERATOR. VEHICLE MUST HAVE OPERATIONAL RADIO EQ. PERMNT
INSTALLED

-- end quote

And there's a summary of state requirements on the ARRL website. *You
are welcome to find that yourself.



snip babble


Are you drunk, on drugs, insane, or just blazingly stupid?


Perhaps we could ask the same of you.





--
Jim Pennino


Remove .spam.sux to reply.- Hide quoted text -


- Show quoted text -


perhaps you should stop sucking truck driver bones, you queen.
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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
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Posts: 4
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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.





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