… at least if you’re doing it mobile.
This link highlights the trials and tribulations (pardon the pun) of Joey W2JLH, who was pulled over and issued a ticket under New York State’s mobile anti-cellphone laws.
Obviously, W2JLH took the matter to court, offered the judge proof that he was a licensed Amateur, a notarized document from the ham he was communicating with, and details of the radio he was using. He also quoted the law in question (NYV TRAFFIC LAW TITLE 7 ARTICLE 33 1225C (B) DEFINES A “MOBILE TELEPHONE AS ONE CONNECTED TO A PUBLIC SWITCH”) and cited that amateur radio is not connected via a “Public Switch”, but is radio to radio. Apparantly the judge did not agree, and declared him guilty because the microphone he was using was in “close proximity to his ear”.
W2JLH says that all amateurs have been handed a citation, and he is 100% right. What this judge did in his shortsightedness is declare Amateur Radio illegal while used in a moving vehicle. What of the police themselves, who rely on mobile two-way radios in the execution of their duties? Or the firemen? Or paramedics? Or utility workers? Or taxi drivers? Or truck drivers using CB? Are truck drivers at risk of getting a ticket for using their CB while driving? This asinine and short-sighted ruling by this judge is a serious blow to our hobby, and needs to be dealt with.
We will be providing information on this issue in later updates, including who you can write to to voice your concern (Governer of New York, perhaps? Maybe the local New York State news media? This issue needs to be addressed).
We here at Hamsexy are 100% behind Joey W2JLH in his struggle, and will keep you all informed on this issue. As more and more states issue laws and regulations regarding cell phone use in vehicles, this issue will no doubt be revisitied time and time again.
We need to know where he got the ticket, in what Court… I suspect he got it in NYC and it was in Traffic Violations, which is a DMV run agency, not a “Court”. The Judges there are employed by DMV. It’s not a good day for the motorist there, compared to just about any other Municipal, Justice or Provincial Court.
Callsign comes back to 3rd Ave in NYC…maybe ‘FIX is right?
Let’s take a step back here and think about this for a second.
Anyone that lives in NY should know, the cellphone violation is becoming the next “Parking on Pavement” ticket. Meaning, the ticket is cheap (like $75) and carries no points on your license. It is certainly a better alternative than a speeding ticket or other moving violation that carries a larger fine and points on your license. Most police officers and troopers that I know will write the cellphone use ticket because they have nothing better to do at that moment. Sure when the law was passed and LEOs were able to write it, that ticket became very popular for a while. But it died out, real fast. Most officers anymore are too busy to bother with the cellphone use law, which is a shame because I believe a majority of people have a hard enough time driving to begin with, and that’s without them using a phone while driving.
That being said, was this guy doing something else to cause him to get pulled over in the first place? And in his explanation to the officer about his amateur radio license, could he have taken an attitude with him? If there is one thing you never do when you get stopped is to argue with the officer stopping you. You are going to lose.
I don’t think this is the travesty that everyone thinks that it is. I just think there is a lot more to this story that is being told. I think he should just take one for the team and get over it.
Seems ludicrous to me!
There’s a provision in the State Law that specifically addresses emergency personell:
So basically, that means cops are exempt from the law prohibiting use of their cellphones while conducting “official business”… good luck proving that one.
This is a farce. I’ve printed out a copy of the Law and highlighted the relevant passages… I’m going to leave this in my car from now on.
Ok. It specifically addresses emergency personnel. Not a place in there do I see anything about an amateur radio operator.
My point was simply, pick your battles and take your lumps as needed. I think this effectively makes a mountain out of a molehill.
Didn’t they have a battle like this last year on the zed ?
Some hammie and a newer cop who confiscated his mobile rig because it received police transmissions.
I think when that one finally came out, he was swerving all over which started it.
Just don’t drive dumb, and this won’t be an issue 99% of the time.
I don’t normally frequent this site as a registered user (not that I don’t ever secretly visit) but I wanted to drop in here and thank Byan VE3HBD publicly for his show of support of our brother Joe.
I think it’s pretty hamsexy that Bryan supports Joe and that fact in my opinion demonstrates that the Hamsexy website is A-Ok by me!
There is currently a grassroots effort to advocate this kangaroo justice on Joe’s behalf.
I and many others have recently contacted officials at the ARRL and I have received a most positive response to this situation.
We currently need someone in the NY area to setup a trust fund so radio amateurs from across the country can donate to this cause. We need to do this so we can hire a damn good lawyer and fight these idiots like hell!
…Let me be very clear,
There is going to be hell to pay in NYC!
Mark my words when I say this freighttrain is about to go nationwide. We are only getting started and Joe is going to need your continued support!
Here is what you need to do:
* Raise absolute hell *
I am not going to take this court decision sitting down or very lightly and neither should any of you.
Remember, you may very well be the next victim getting a ticket from your own kangaroo court of so called justice.
Joe is our brother and needs all the support we can give him!
This is a call for action!
Thank you very much for your continued support and for the use of this very fine or should I say “Hamsexy” website.
73
Your brother in action.
Charles – KC8VWM
I guess here in Ct so far the cops here in Ct have been Good so far
Yeah, if the guy was all over the road, cite him for that. The judge was a dickass for bringing out the rulebook like that and reading it off seemingly verbatim and making a ruling afterwards. And people wonder why people get pissed over the criminal justice system, regardless of the rules.
I hit a pothole once when I was driving and talking on the radio. It busted my tire and caused the remote-mounted radio I was talking on to turn off and reset. Had I not been talking on the radio, the same thing would have happened. I personally have noticed a more rapid decline in awareness when I’m on the phone than when I’m on the radio. At least with the radio, there is a slight delay between contact (if you’re on a repeater). With a phone stuck in your ear (or even on speakerphone), you’re having to think about the conversation at hand more rapidly.
Hell, it may have been bullshit but I have a dentist that told me a story about a friend of his. Apparently the guy was minding his own business at a stoplight when a cop fucking around on his MDT rear-ended him. This guy ended up suing and winning a lawsuit against the police because he was “scared to drive” after having been rear-ended by a cop. I’m fairly certain I can tell when a LEO is fucking around with the gear in his car and regardless of his status, any impairment when driving is a hazard to EVERYONE.
As has been proven time and time again, operation of amateur radio equipment is the jurisdiction of the Federal Communications Commission and may not be usurped by local courts. What say we turn this into a pissin’ match between the Feds and NYC?
I was more interested in the photo with the story.
I guess the line she used on him didn’t work.
The question I have, what does close proximity to the ear mean? 1 inch, 1 foot, 1 yard, 1AU. The mouth is in closer proximity to the microphone than the ear. I wonder if the law defines close proximity.
I don’t know about you but when I use a microphone I hold it 6 or so inches from my mouth. For most of us ear is about 6 or seven inches from the mouth.
This case could have been ripped apart easily in my opinion.
Don’t know if W2JLH used an attorney or not but if I had not it’s his own fault.
What happens if I want to know if my wrist watch is ticking while I’m driving?