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

[Russell Hltn]

On Sat, Feb 7, 2009 at 6:41 AM, Ron Hashiro <rhashiro at hawaiiantel.net> wrote:
>
> 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).
>


Good point.  There's two way that Ham radio could be banned:

As a telephone: ""Mobile telephone" means a cellular, analog,
satellite, wireless, or digital telephone capable of sending or
receiving telephone messages without an access line for service."

Depending on how a judge defines "telephone messages", that could be a
two-way radio as we easily meet all the other criteria.

As a electronic device: ""Electronic device" means handheld electronic
video games, music players, personal digital assistants, or any other
device requiring the use of a battery and at least one hand to operate
the device."

Again this depends on how  "use of a battery" gets defined.  Does it
include the car's electrical system?

Note that the exemption for "Commercial vehicle means a vehicle
registered to a business that has a gross vehicle weight rating of ten
thousand and one pounds or more." is going to make for a lot of
unhappy taxi drivers.  If there's a way we can piggy back on that, I
think we're got a better chance.