[Ares-races] Court kicks New York ham's "police radio"case

[BillLennox@aol.com]

From:  <A HREF=3D"http://www.arrl.org/news/stories/2003/09/10/3/?nc=3D1">htt=
p://www.arrl.org/news/stories/2003/09/10/3/?nc=3D1</A>

       Court kicks New York ham's "police radio"case:  A New York court has=20
dismissed a misdemeanor charge against ARRL member Richard C. "Dick" Lalone,=
=20
KC5GAX, for violating =A7397of that state's Vehicle and Traffic Law. That se=
ction=20
prohibits individuals other than law officers from equipping their vehicles=20
with radios "capable of receiving signals on the frequencies allocated for=20
police use" without first securing a permit. The section, which also prohibi=
ts=20
knowingly interfering with police transmissions, contains an explicit exempt=
ion=20
for "any person who holds a valid amateur radio operator's license . . . and=
 who=20
operates a duly licensed portable mobile transmitter and in connection=20
therewith a receiver or receiving set on frequencies exclusively allocated .=
 . . to=20
duly licensed radio amateurs."=20

       In his nearly 1300-word decision, Judge John J. Hallet called=20
=A7397"probably the most poorly drafted section of the Vehicle and Traffic L=
aw. "While=20
noting that the rationale behind the statute was to keep criminals from=20
monitoring police calls, he said it was clear the legislature never intended=
 the=20
provisions of =A7397 from applying to licensed Amateur Radio operators, and=20=
he=20
dismissed the charge August 5.=20

       Susan Terry, KF4SUE, a former New York assistant attorney general,=20
represented Lalone. ARRL President Jim Haynie,W5JBP, ARRL General Counsel Ch=
ris=20
Imlay, W3KD, and ARRL Regulatory Information Specialist John Hennessee, N1KB=
,=20
provided advice or assistance to Lalone.

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Bill Lennox
US Air Force (Retired)
Full Time College Student (Emergency Management)
KD7EFP
Assistant Emergency Coordinator - Plans (ARES), Washington County, Oregon
Assistant Radio Officer - Plans (RACES), Washington County, Oregon






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