NOTE: None of these documents should be interpreted as ARRL, the ARRL Hudson Division or the director and/or vice-director giving legal advice. These documents are furnished for informational purposes only.
If you require legal advice, please consult an attorney. ARRL’s volunteer counsel program provides a list of qualified attorneys and other legal professionals who can assist you with legal matters pertaining to Amateur Radio. The ARRL volunteer counsel attorneys participating in the program have agreed to give members an initial consultation at no charge. Anything beyond that is to be negotiated between you and the attorney.
Amateur Radio license plates:
New York: $35 initial plus $6.25 each renewal – more information
New Jersey: $15 one time fee – more information
NOTE: NYS DMV and NJMVC require a copy of your FCC license to issue your plates. The FCC now issues license documents on plain paper and only if requested. If you don’t have a copy you can download a copy from ULS. Make sure you download the copy from ULS that says “official copy.” Make sure it is signed before you send it to motor vehicles.
How to get a copy from the FCC – Instructions are here.
NYS DMV Distracted driving opinion:
Note: It is important to understand that this is not a law, nor is it binding on judges, prosecutors nor law enforcement. It is merely an opinion offered by the New York State Department of Motor Vehicles as to how one may comply with the law when using a mobile radio. However, it may prove helpful to you and/or your attorney if you are ever issued a summons. As always, consult an attorney for legal advice.
New Jersey Distracted driving law, and the Amateur Radio Exemption
NJ Rev Stat § 39:4-97.3 (2013) Use of wireless telephone, electronic communication device in moving vehicles; definitions; enforcement.
- a. 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 except when the telephone is a handsfree wireless telephone or the electronic communication device is used handsfree, provided that its placement does not interfere with the operation of federally required safety equipment and the operator exercises a high degree of caution in the operation of the motor vehicle. For the purposes of this section, an “electronic communication device” shall not include an amateur radio.
New York mobile Scanner law (Section 397 VTL)
Section 397. Equipping motor vehicles with radio receiving sets capable of receiving signals on 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 frequencies allocated for police use 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, town or village in which such person resides, or where such person 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.
New Jersey scanner law
There is no specific wording in the New Jersey statute that pertains to amateur radio. New Jersey does not specifically prohibit possession of scanners nor radio receivers capable of receiving public safety transmissions except in the course of committing or attempting to commit a crime. See below:
2C:33-22. Possession of radio capable of receiving transmission from police, fire, or emergency medical communication system
Any person who, while in the course of committing or attempting to commit a crime, including the immediate flight therefrom, possesses or controls a radio capable of receiving any message or transmission made on or over any police, fire or emergency medical communications system, shall be guilty of a crime of the fourth degree.
L.1991, c. 432, s. 2, eff. Jan 18, 1992.
This is not intended to be a comprehensive guide. Please contact an attorney if you have any legal questions or require legal advice.