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 user 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 so to do from the person authorized to issue such a permit by the local governing body or board of the city, 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.

Court Kicks New York Ham's "Police Radio" Case:

Summer 2003. A New York court has dismissed a misdemeanor charge against ARRL member Richard C. "Dick" Lalone, KC5GAX, for violating �397 of that state's Vehicle and Traffic Law. That section prohibits individuals other than law officers from equipping their vehicles with radios "capable of receiving signals on the frequencies allocated for police use" without first securing a permit.

The section, which also prohibits knowingly interfering with police transmissions, contains an explicit exemption for "any person who holds a valid amateur radio operator's license . . . and who operates a duly licensed portable mobile transmitter and in connection therewith a receiver or receiving set on frequencies exclusively allocated . . . to duly licensed radio amateurs."

In a nearly 1300-word decision, Judge John J. Hallet said it was clear the legislature never intended the provisions of �397 from applying to licensed Amateur Radio operators, and he dismissed the charge August 5, 2003. Susan Terry, KF4SUE, a former New York assistant attorney general, represented Lalone. ARRL President Jim Haynie, W5JBP, ARRL General Counsel Chris Imlay, W3KD, and ARRL Regulatory Information Specialist John Hennessee, N1KB, provided advice or assistance to Lalone.