The use of radio scanners, particularly in vehicles, often brings up questions about legality. For those in the car and automotive community interested in monitoring public service communications, it’s crucial to understand the laws surrounding radio scanners for cars. A recent New York State court case offers valuable insights into these regulations and how they might be interpreted.
In a ruling on October 14th, New York’s highest court addressed a case involving a tow truck operator found with a scanner. The court determined that possessing a scanner in a vehicle could be a violation of section 397 of the Vehicle and Traffic Law. This law, dating back to 1933, prohibits “equipping” a motor vehicle with a radio capable of receiving police frequencies without proper permits.
The core of the legal argument revolved around the definition of “equip.” In this specific instance, even though the scanner was not permanently installed and was simply in the driver’s pocket, the court decided that its accessibility and potential for immediate use were enough to constitute “equipping” the vehicle. The circumstances of the case suggested the tow truck driver might have been using the scanner to illegally intercept communications and respond to incidents, further influencing the court’s interpretation. The ruling emphasized that the scanner did not need to be physically attached to the vehicle to be considered a violation, as long as it was readily available for operation within the vehicle.
However, this case leaves several unanswered questions. Issues such as federal preemption, the legality of transporting a scanner (even if it’s lawful to own) within a vehicle (perhaps stored in the trunk), and whether smartphone apps like Broadcastify, which also receive radio frequencies, fall under the same legal restrictions, were not addressed in this particular ruling. These complexities highlight the nuanced nature of Radio Scanner For Cars legality.
While this New York case provides a specific legal interpretation within that state, it serves as a reminder for anyone using or considering using radio scanners for cars. It underscores the importance of understanding local and state laws regarding the possession and use of devices capable of monitoring police and emergency frequencies while in a vehicle.
For those seeking more detailed information, the full court decision, People v. Andujar, is publicly available online: www.nycourts.gov/ctapps/Decisions/2017/Oct17/91opn17-Decision.pdf
