Why Newspaper Columnists Shouldn’t Give Legal Advice
“Sorry, Fred, but there’s no exemption for “hams” or citizen-band radio operators”. WRONG. Have you read the statute or consulted a lawyer about how the statute works? Ham operators are exempted. “The use of a wireless telephone or electronic communication device by an operator of a moving motor vehicle on a public road or highway shall be unlawful….For the purposes of this section, an “electronic communication device” SHALL NOT include an amateur radio.”
Of course, the real question is whether a “CB Radio” is an “amateur radio”. A mobile CB radio looks substantially similar to an amateur radio setup. They both use antennas on top of the car. Some amateur radios can broadcast and receive CB band. Both can use handheld or handsfree microphones.
Furthermore, it is not illegal to use a cell phone in your car. In order to use the cell phone, it must be hands free. The only time it is legal for you to use your hands is to begin or end the call. This is analogous to using a Ham/CB handheld mic, since it only requires you to hold down a button to start a transmission, and then pressing it again at the end.
And here is the kicker. New Jersey will be hard pressed to show that it can regulate the use of either CB or Ham radio equipment because there are very strong arguments that a) only the US Congress can regulate the use of these devices because of their use in interstate commerce, and b) that federal rules and regulations have preempted the field, and that state laws outlawing the use of Ham and CB frequencies while driving usurp the federal governments power to regulate the airwaves.
The purpose of the statute is to prevent drivers from using cell phones, pdas or laptops or other distracting electronics devices. Ham and CB radios have been used in cars for decades and there is little to no evidence that they cause accidents.
@ski22: Scanners, not CBs, are used to monitor public safety frequencies. A scanner is a hands free device.
