[HIham] [pacsecares] Help Preserve our Rights for Mobile Radio!

Ron Hashiro rhashiro at hawaiiantel.net
Sat Feb 7 11:41:19 EST 2009


Russell Hltn wrote:
> I noticed that part of the definition of "electronic device" is
> "requiring the use of a battery and at least one hand to operate the
> device".
>
> Assuming that that excludes the car battery (which would make changing
> stations on the car stereo illegal), that seems to give mobile radios
> a free pass.
>
> Also note:  "(g)  Enforcement of this section by law enforcement
> personnel may be accomplished only as a secondary action when a driver
> of a motor vehicle has been detained for a suspected violation of
> another traffic infraction."
>
> Don't do something dumb and you won't have a problem.  Am I missing something?
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>   
Russell, thanks for your thoughts.  Unfortunately, yes, there's things 
to consider.

Even though the letter of the law is quite clear, police and law 
enforcement officers because
they are lay people and can mistake things like radios and mobile 
telelphones (for example).

Then it gets to a judge, who in certain areas are lay people.  And, at 
times they may make
a poor ruling and judgement.  There is legend of that happening in New 
York to a ham.

Read this.

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

So if someone pulls you over for an expired safety check, and he goes to 
work on
other things he saw wrong.........

Not to mention bad hair days for officers and judges.

That is why we would rather have simple laws that are clear, to the 
point and not overly elaborate,
so we don't get stuck in this kind of fish net.

It could happen to you.

Ron H, AH6RH



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