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nhfd241

Having a scanner in your car

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What are the laws of having a scanner in your car is it allowed or not?

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don't get caught

or get a HAM operators license....

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As Far As I Last Knew You Can't Have Any PD Channels Saved In It. But That Could Have Changed.

Thomas

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You can listen to fire, EMS or whatever else you like, but there is a law against receiving police communications in a vehicle, unless you're a Cop or licensed HAM operator, OR If you got a letter from the Police Chief in your town permitting reception then it would be legal.

Section 397 of NYS V&T law states:

397. EQUIPPING MOTOR VEHICLES WITH RADIO RECEIVING SETS CAPABLE OF RECEIVING SIGNALS ON THE 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 the 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 to do so 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.

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Now where do mobile radios fit in?

Is departmental (fire, not the police chief) authorization adequate?

What about portable scanners?

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I really don't think your fire department officers can legally authorize anyone to receive police communication transmissions in your vehicle under this law.

According to the above just HAVING any scanner capable of receiving police comms in a vehicle without prior authorization is illegal. Portable or not, programmed or not, as long as it is capable of reception.

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Sorry - I should clear that up...

Say my FD allows, and issues me a mobile radio capable of transmitting and recieving. it is programmed with FIRE frequencies only, however, if reprogrammed, it COULD pick up police transmissions.

JetPhoto likes this

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If you had PD permission to reprogram it then it's ok. It all boils down to having authorization to receive the Police frequencies.

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How would scanner apps for your smart phone, apply with the above stated law??

Chris

Edited by FDNYDCHI
x129K likes this

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How would scanner apps for your smart phone, apply with the above stated law??

Chris

Excellent question - I've wondered that myself. I guess we'll see how the law changes to deal with that. Perhaps they'll tie it into the "using cellular device while driving" laws?

In the meantime, I'm glad I have my Amateur Radio License....

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