A recent ruling in New York State has brought the legality of truck scanners and car scanners into sharp focus for vehicle operators. This article breaks down a pivotal court decision concerning scanner use and its implications for professionals in the automotive industry.
In October, New York’s highest court addressed a case involving a tow truck operator found with a scanner in possession. The court referenced section 397 of the Vehicle and Traffic Law, a statute dating back to 1933, which forbids “equipping” a vehicle with a radio capable of intercepting police frequencies without proper authorization. The core of the legal debate was the interpretation of “equip.” Despite the scanner not being physically installed in the tow truck, the court determined that because it was readily accessible and operational, it constituted a violation of section 397. The context surrounding the case suggested the operator might have been using the scanner to unlawfully monitor and respond to emergency dispatches, further complicating the situation. Ultimately, the court’s decision clarified that physical attachment to the vehicle isn’t necessary for a scanner to be considered “equipment” under this law.
This ruling leaves several important questions unanswered. Issues such as federal preemption, the legality of transporting a scanner (even if not in use, perhaps stored in the trunk), and whether smartphone apps that provide scanner functionality fall under the definition of a prohibited “radio” were not addressed. These ambiguities highlight the complexities surrounding vehicle scanner laws and their enforcement.
For tow truck operators and others who use vehicles in their profession, this New York case serves as a critical reminder to be aware of and understand local regulations regarding scanners. While the specifics of scanner laws can vary by jurisdiction, this ruling emphasizes a strict interpretation of what constitutes illegal scanner use in a vehicle, even without permanent installation. Staying informed about these regulations is crucial for compliance and avoiding potential legal issues related to Truck Scanner Car operation.
Reference: People v. Andujar www.nycourts.gov/ctapps/Decisions/2017/Oct17/91opn17-Decision.pdf
