QRZ Logbook

Monday, September 13, 2010

Steve Bozak challenges citation and wins!

Earlier this year I mentioned a ham in New York (Steve Bozak, WB2IQU/HL9VX) who was cited for "talking on a cellular phone while driving" by a cop who apparently can't tell the difference between a ham radio and a cell phone.

Steve challenged the ruling and has won his argument.

The ruling is as follows:
The Vehicle and Traffic Law defines a "Mobile Telephone" as a "device used by subscribers and other users of wireless telephone service to access such service" (VTL §1225-c [1][a]). A "Wireless Telephone Service" is defined as "two-way real time voice tele-communications service that is interconnected to a public switched telephone network and is provided by a commercial mobile radio service, as such term is defined by 47 C.F.R. §20.3 (VTL §1225-c [1][b])(emphasis added). A review of 47 C.F.R.§20.3 reveals that Citizens Band Radio Service is defined under private mobile radio service not commercial mobile radio service. Therefore, the Court finds that the use of an amateur radio device does not fit the definition of a mobile telephone as defined under the Vehicle and Traffic Law and grants the defendant's motion to dismiss.
I sent the link to Steve via Facebook and it was news to him. He hadn't received word until I posted it!

Glad I was able to give him some great news...even if the law lumps ham radio and CB together...