Ham Multi Band Radio Legality

[EMT111 149]

So lately I've seen a bunch people in my VAC buying and using cheap Chinese multiband portable ham radios (BaoFeng) that can monitor all emergency agencies in our county. Now, as i understand it, these portables should be in violation of NYS VTL section 397, which prevents equipping a vehicle with a device that can receive police signals. As i understood it, this basically means that any device, mobile or hand held that can monitor police frequencies is illegal and can get you in trouble. So, is there something I'm missing here? Is the portable radio okay, because technically it's being used under the license of the VAC? And if it can be covered under the VAC license, why can't a scanner be used under the same license? Thanks in advanced

[velcroMedic1987 330]

I don't believe that it is covered by the VAC license unless it is owned by the VAC, on the frequency(-ies) licensed, and reported on the license (it usually lists the number of base radios and portables right on the license).

The scanner/car issue has been discussed here before by some people with knowledge and experience on the subject. Maybe you can search for that thread.

Do these individuals have ham radio licenses? If these are truly ham radios the operators need to be licensed by the FCC. And, if they're programming police frequencies, they may be crossing into an even more gray area. If they don't have permission to be on the police frequency, they could find themselves in trouble if they use the radios on those frequencies.

Of course there are no FCC police and unless they do something boneheaded nobody will probably ever know.

[JP59 41]

The Baofeng radios are actually dual band VHF high and UHF band commercial transceivers that are capable of transmitting and receiving on public service frequencies and amateur radio (ham) frequencies within these bands. They are used by many ham radio operators due to their low cost. I am a licensed ham radio operator and own and operate one of these radios on the ham bands. Unfortunately, you are not required to be a licensed ham operator to purchase any radio. These radios being used by VAC members are not covered under the agency's FCC license and because they are capable of receiving public service frequencies, they are subject to the NYS scanner laws for mobile use unless you hold a valid amateur radio license. Lets hope that the unlicensed individuals that have these radios only use them for monitoring and not transmitting where they shouldn't. I am also a volunteer fire officer and a VAC member and only use agency issued portables and not the Baofeng for public service purposes.

[bronxfireradio 45]

The Baofengs are quickly becoming popular among hams due to their $39 price tag. It is indeed a dual band portable capable of receiving and transmitting on not only ham bands, but also public safety bands. As was stated before, one does not need to be a licensed ham to purchase one, or any other radio - Motorola, Vertex Standard, etc. for that matter.

Transmitting on a frequency that you are not authorized to so is a big no-no, but the responsibility lies with the radio operator to comply with FCC rules.

- Adam, KD2AYV.

[EMT111 149]

So these radios are technically illegal, because these people are not ham operators and they have pd frequencies/frequencies that they aren't allowed to transmit on in the radio. That's what I thought, but i just thought I'd double check.

[Pagers 197]

These radios are illegal to use to transmit IF they are not covered under Part 90 but some ARE covered under Part 90.... You realize that A LOT of people use portables as scanners and that A LOT of people have scanners.....

In my honest opinion I'm not a big fan of these radios as you can find a good Motorola or Kenwood for a decent price, granted the Baofengs are FPP but still would get a more notable brand.

[velcroMedic1987 330]

So these radios are technically illegal, because these people are not ham operators and they have pd frequencies/frequencies that they aren't allowed to transmit on in the radio. That's what I thought, but i just thought I'd double check.

Not just the PD frequencies. FCC regulations require you to be licensed to transmit on any public safety frequency. But as someone said, they will sell you anything and the real crime of it is that people will program your radios with frequencies without ever asking to see a license. Just show me the money.

And self programmable radios make it almost impossible to deal with. There's no middleman anymore like the companies that sell/program radios.

[velcroMedic1987 330]

My partner just picked up one of these Baofeng things - I was happy cause I thought he was bringing chinese food to work - boy was I disappointed.

Anyone have a user friendly programming guide for them. He is having a big-time problem trying to get it to work. LOL Serves him right.

[v85 212]

I think there are actually two separate issues here.

One is FCC regulations, which require the radio to be type accepted (to Part 90 for public safety) and that the person transmitting be authorized/licensed to do so

The second is New York State Penal Law and New York State Vehicle and Traffic Law pertaining to transmitting on a public safety radio or having a radio that can receive police frequencies in a vehicle

[SteveC7010 58]

I think there are actually two separate issues here.

One is FCC regulations, which require the radio to be type accepted (to Part 90 for public safety) and that the person transmitting be authorized/licensed to do so

The second is New York State Penal Law and New York State Vehicle and Traffic Law pertaining to transmitting on a public safety radio or having a radio that can receive police frequencies in a vehicle

I am unfamiliar with any section of the V&TL that covers transmitting on a public safety radio. Would you provide the exact section, please? The portion about radios that can receive police frequencies in a motor vehicle is already well known and documented.

Anyone who wishes to verify what services any specific radio is type accepted can do so by going to http://transition.fcc.gov/oet/ea/fccid/ and entering the requested FCC ID number which can be found on the back or bottom of most radios. On portables, you will generally have to remove the battery to locate the tag.

Lastly, a radio does not have to be owned by an agency to be legit to use on that agency's frequency. Authorization from the agency will cover this just fine. It is highly preferable to get that permission in writing. Many reputable radio shops and programmers will not program a transmit frequency without this authorization.

(For my ambulance squad, we issue this authorization as part of the members ID card which is also their green light card and a photo ID. The radio authorization specifically cites our FCC license call letters so that there is no question about which frequencies the member may use.)