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Northern N.Y. ham cited...the conclusion
Published on 08/15/03 at 16:51:57 EST by KC2FTN

By now, I'm sure that many of you are familiar with the case from other
ham sites about the Northern NY man who was ticketed by the police for
having a 'radio that is capable of receiving police frequencies.' Well,
after TWO months of legal wranglings and representation via the ARRL,
Mr.Rick Lalone KC5GAX had all of the charges against him dropped.
Apparently, Rick was initially stopped by police for 'erratic driving',
and upon inspection of his vehicle the police cited him for having a radio
(Icom IC-706MKIIG) that was capable of RECEIVING police frequencies. Don't
all radios pretty much do that? Rick's case caught the attention of the
ARRL who helped him locate an attorney in Alabama, Susan A. Terry, who
represented him for free. Ms.Terry practiced law in New York for 15 years
before moving to Alabama. Citing case law, LeRay Town Justice John W.
Hallett said the law is meant to prevent criminals from listening to
public broadcasts in their cars either before or after the commission of a
crime and to prevent the jamming of airwaves during police broadcasts.
Judge Hallet also cited the EXEMPTION for licensed amateur radio operators
in his decision. At the same time, he called the law "...probably the most
poorly drafted section of the vehicle and traffic law." Additionally,
Jefferson (NY) County Assistant District Attorney Dylan T. Tester
suggested that licensed operators seek the state Legislature for a rewrite
of the law. In part the law prohibits vehicle radios that can tune in to
police frequencies without a permit. It generally EXEMPTS "any person who
holds a valid amateur radio operator's license issued by the FCC" as long
as they operate on frequencies exclusively assigned to radio amateurs. Mr.
Lalone holds such a license. Anyway, I for one APPLAUD Rick for not just
'laying down' and paying the fine. He stood up for the MANY amateur
operators of New York state, and he just may be the catalyst into getting
this 'vague' law re- defined. My hat's off to you Rick, and I'm SURE that
MANY of us New Yorkers consider you a pioneer. GREAT job neighbor!

Credits: Watertown (NY) Daily Times and KC2FTN