NYC Laws Screw Ham Guys Just Like They Screw Us

[Marine Cpl]

NYS VTL:

Section 397. Equipping motor vehicles with radio receiving sets capable of receiving signals on 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 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 fine 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 operator's 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.

As it stands now, every volunteer fireman, EMT, or other public service operator (paid or volly) in mere possession of a scanner in their vehicle, under any circumstances, is in violation of VTL 397 as well as licensed Ham Operators who have programmable Ham Radios. Most are unless they have radios that can only exclusively operate on the 70 cm band.

 

[C3D]

No one seems to have read the actual law, VTL 397, which specifically exempts licensed amateur radio operators. So actual licensed hams aren’t being screwed over.

That’s not correct. Ham operators are only exempt if they use radios set to operate “exclusively” on Ham frequencies. If they are field programmable, or pre-programmed to scan police frequencies, the exemption does not apply.

 

[Bigfoot]

Tow truck drivers in the city are mostly scumbags and straight perps, period. Screw them.

Commence slippery slope and all other arguments.

Hey, I operated a "tow truck" for many, many years and still do occasionally when we are overwhelmed with calls during bad weather and/or when we are short handed.

And I don't think that I am a scumbag, I'm definitely not a perp.



Nah but really, from what I understand the towing companies in NYC operate differently than we do here in rural WNY.
If IIRC, in NYC whatever towing service (arrives on scene first) gets to hook up and therefore get the money. ( Is that right? )
Which creates a clusterfuck, I have watched you tube videos of NYC tow truck operators and from what I have seen on those videos. I can't totally disagree with Airborneguy's assessment of the tow truck operators in NYC.

Towing / Recovery and "everything else under the sun" is done differently here in rural WNY... Thankfully!

Up to a few years ago, using a website I was able to listen to my local Sheriffs Department communications on my computer.
But then they changed some things and I can no longer listen to them.

 

[Airborneguy]

Perp and now super tough guy. Boy. Telling you that cops enforce unconstitutional laws passed by enemies of the Constitution really got to you eh? Are you having a hard time looking at yourself in the mirror? Are you seeing an oath breaker and disgusted by it and are taking it out on me for pointing it out?

Nope. Cop haters can’t affect me even to my face, you’re giving yourself far too much credit.

 

[Airborneguy]

If IIRC, in NYC whatever towing service (arrives on scene first) gets to hook up and therefore get the money. ( Is that right? )

Actually if they show up at all without being summoned through a special program we have, we can issue them a summons specific to tow trucks which basically puts them out of business. Of course they still do though.

Last week I was covering patrol and we had a particularly expensive job where a truck ran off the road into a muddy ditch. Easily a few thousand dollar job for whoever got it. Long story short, a company showed up and tried to intimidate me into giving it to them after bullying the rookie cop I had waiting at the scene.

The owner showed up and threatened me with a complaint to the mayor’s office. I told him he’s a pussy if I don’t get that complaint.

I hate tow truck companies. One of my first ever negative interactions was with one years ago. Mob run in Brooklyn. Another too long story but it was fun. You learn to deal with themin fun ways without having to write the summons. I only had to do it once. Actually made one of them break his own radio once. That was funny.

They’d give you naked pictures of their mother before taking that summons.

 

[Marine Cpl]

Nope. Cop haters can’t affect me even to my face, you’re giving yourself far too much credit.

I'm not the one that affects you. Your reflection does.

 

[Airborneguy]

I'm not the one that affects you. Your reflection does.

Yawn. You’re wasting time constantly quoting everything I post. You haven’t figured that out yet? My goal here was just to ruin your thread like you did a simple “thank you” thread that you were too egotistical to simply ignore last week.

 

[Marine Cpl]

Yawn. You’re wasting time constantly quoting everything I post. You haven’t figured that out yet? My goal here was just to ruin your thread like you did a simple “thank you” thread that you were too egotistical to simply ignore last week.

Haha. Oath breaker. I guess it did get to you. Thank you for your service.

 

[Bigfoot]

Actually if they show up at all without being summoned through a special program we have, we can issue them a summons specific to tow trucks which basically puts them out of business. Of course they still do though.

Last week I was covering patrol and we had a particularly expensive job where a truck ran off the road into a muddy ditch. Easily a few thousand dollar job for whoever got it. Long story short, a company showed up and tried to intimidate me into giving it to them after bullying the rookie cop I had waiting at the scene.

The owner showed up and threatened me with a complaint to the mayor’s office. I told him he’s a pussy if I don’t get that complaint.

I hate tow truck companies. One of my first ever negative interactions was with one years ago. Mob run in Brooklyn. Another too long story but it was fun. You learn to deal with themin fun ways without having to write the summons. I only had to do it once. Actually made one of them break his own radio once. That was funny.

They’d give you naked pictures of their mother before taking that summons.

You did post - "Tow truck drivers in the city" so I am not really triggered as that doesn't refer to me or the other guy's in my area.
I have improved on my reading comprehension... LOL

Sounds like yet again a "NYC" issue... No mob in these parts LOL, Oh' that and we are a better people here in rural WNY-- IMO.
The tow truck operators that I personally know are good hard working people, that do a dangerous job to put food on their families dinner table... Definitely not scumbags or perps.
But that's here in WNY.

I'm proud of the good job that we have done and continue to do. So I just wanted to put that out there.

I don't know much about the NYC tow truck operators but I can pretty much figure it out.
City people are just so fucking obnoxious and rude, IMO... I don't know how people can live on top of each other like that.

But that is a whole different discussion for another time.

 

[Marine Cpl]

City tow truck drivers are all the same just like all cops are the same according to him. Guilty until proven innocent. Not one tow truck driver in NYC works hard for his family. Not a single one. Just like all cops are good. All of them. Not a single one is bad. Talk about prejudice. He sees all groups as the same. Yep. The city will do that to you.

 

[Redshirt]

That’s not correct. Ham operators are only exempt if they use radios set to operate “exclusively” on Ham frequencies. If they are field programmable, or pre-programmed to scan police frequencies, the exemption does not apply.

You put exclusively in quotes but it doesn’t say that the user must only be capable of amateur radio frequency band usage. The word “Exclusively” applies only once and it says “ receiving set on frequenciesexclusively allocated by the federal communications commission to duly licensed radio amateurs” The way I read it, if you are a ham operator, and you have a radio in the car capable of using frequencies exclusively reserved for amateurs, you are good even if you are listening to the cops.

By the way, I agree the law is ridiculous.

 

[C3D]

You put exclusively in quotes but it doesn’t say that the user must only be capable of amateur radio frequency band usage. The word “Exclusively” applies only once and it says “ receiving set on frequenciesexclusively allocated by the federal communications commission to duly licensed radio amateurs” The way I read it, if you are a ham operator, and you have a radio in the car capable of using frequencies exclusively reserved for amateurs, you are good even if you are listening to the cops.

By the way, I agree the law is ridiculous.

That unfortunately is not the way the statute is read or has been enforced. The word "exclusively" relates to operates as in:

". . . [does not] apply to [a licensed ham] . . . who operates a . . . [radio] on frequencies exclusively allocated by the federal communications commission to duly licensed radio amateurs."
If the radio receives police band or can be programmed to on the fly it is prohibited.

Of course, all this assumes that Federal law doesn't preempt Section 397 of the VTL. FCC guidance (issued under PR No. 91-36) purports that all state "scanner laws" are pre-empted by Federal law for Hams and therefore not enforceable. I am not aware of any published cases using that as a defense.

 

[Acer-m14]

if your Polite when you get pulled over and the LEO yells is that a scanner .. no sir its a Amature ( HAM ) radio and I'm licensed by the FCC .. oh ok ..
kinda like what happened to me and a friend once but we were following a car and on the Phone patch with a hand held rig with 911 telling them
where this reckless driver was going .. then we lost the car from traffic and pulled into a gas station .. flagged down the LEO and he pulled in ..
and he came to the car .. seen the radio .. IS THAT A SCANNER ..

Most know the Amature radio HAMs help LEO out alot and do drills with them .. this tow truck driver i bet is not a HAM ..

Its not hard to hit the button on your rig to jump to a ham freq and pop out of scan mode

 

[FrankenCub]

If the radio receives police band or can be programmed to on the fly it is prohibited.

Most all of the radios produced for HAMs are now field programmable. Have been for many years actually. My Yaesu and new Icom will both receive LEO frequencies and are 50 state legal.

 

[Acer-m14]

@FrankenCub .. mine xmits on them too lol ...

yrs ago had a snowstorm .. 390 here shut down , cars n trucks stuck in the snow , leo can't even get to them .... i was in the fire dept back then .. and just got home from riding the snowmobile at like 1am .. i called the town LEO dept .. I just got off the sled and heard you have issues on 390 .. i'm in xxx fire dept and a amature radio operator .. I can gear back up and make a run up and down 390 on the sled if you want and i can radio you on my ham gear if ok .. .. that would be great .. back out on the sled for like 4 more hours .. found one person walking and took him back to his car ..
drove around town and stopped at the cop shop to fill them in ... then back home ..

 

[Acer-m14]

the law wording could use some changing .. using a scanner in crime .. bad .. using scanner to make $$$ .. bad .. using it to help .. okay ..

 

[FrankenCub]

lol, yeah mine xmits on them too but I just don't have the pl set so I don't accidentally key up when messing with things. Perfectly legal to have LEO freqs in a ham radio, as long as you're licensed as a HAM. I still haven't gotten to take my tech test, it seems one problem after another keeps creeping up so it gets put off for yet another month