Ham radio is illegal in New York State….

… 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.