Here's a copy I made from another thread. As you can see, the FCC isn't devoting thousands of agents like Radio Ray would have you believe.

 

Hey RadioRay,

Might as well let them do as they please, between the FCC and DOT, eventually they will get caught.

Tuesday, 9/11 of all days, the Slaton, TX Weight Station, Texas DOT confiscated 7 modified radios and linears. First hand from the DOT officer (a licensed HAM and very knowledgable in radio electronics) involved in the inspections.

These guys seem to think that only the FCC is looking for illegal operations! They could not be further from the truth. I have seen, read, or heard about these confiscations in Pennsylvania, Arizona, California and now Texas.

Any bonehead that has a linear sitting in plain view on the dash or hanging from the console is just asking to get checked.

Let them keep it up! Truck drivers want respect, better pay, and the government to stay off their tails, but they choose not to follow the rules and regulations.

Somewhere in the last year or so, my favorite radio tech closed his store in Oklahoma, because he got tire of being hassled by the FCC. Someone came in wanting some off the wall mods done, he refused, and the next thing you know he had been reported as doing illegal modifications. Which he never did! He was great at standard peak and tunes (which are legal, at legal power) and fantastic at finding electircal circuit issues. Now I have to send him my Cobra 148 by UPS to get it fixed.

Several other mod shops are facing the same issues, and many have gone underground to keep from the hassles involved with keeping a shop.

These guys choose not to be educated, so it wil be their loss!

 

I'd be interest in knowing what grounds A Texas D.O.T.officer could confiscate any radio other than a RADAR detector. Or any other D.O.T. officer.

Last time I checked D.O.T.officers were state employee not Federal employees. And in many states their police powers is very limited.

I haven't read or heard of the F.C.C. giving police powers to any other office. Maybe you could enlighten us as to where and where this occurred.

To "peak and tune" a radio requires a F.C.C. General Radiotelephone Operator License which I have. I think you will find the majority of these shops do not have the required license.


BTW countryhorseman Did you understand my exclamation on the difference between "morse code" and "binary".


kc0iv

 

I believe I put the when and where in the post. Care to read it again. I guess I did fail to mention that the DOT officer, was from the FMCSA. Law enforcement officers, regardless of their status, local, state, federal, or sworn to uphold the laws of this country, for one. Second, when federal inspection officers are involved in the inspections, it is there juridictions.

I case you have not noticed, state and federal enforcement in all the south border states has been greatly enhanced in the last two weeks. Pennsylvania State Police have done several such confiscations during inspections in the last several months. There was an interesting article in the Harrisburg paper (online) 4-5 weeks ago. Citations for the illegal equipment were issued and the equipment confiscated for evidence.

A commercial motor vehicle operated interstate is and does fall under federal enforcement, regardless if it is a state or federal officer doing the inspections.

As I stated earlier, keep doing what your are doing, legal or not, it makes me no real difference. Since it is not a matter if you (or whoever) is caught, but when.

Have a nice day!

 

Per the http://www.fmcsa.dot.gov/rules-regul...ection=350.211 website:

As you can see the enforcement by FMCSA is by each state. Put simply FMCSA does not have enforcement officers per se.

There are many state laws Federal law enforcement offices can not enforce. Just like there are Federal laws the states can not enforce.

As I said before the F.C.C. has not handed over to the states enforcement of their rules and regulations. There have been discussions by the F.C.C. on this subject but to my knowledge no such agreement has been signed. Nor has there been any publication in the registry of any notice of rule making for such a rule change.

As I showed above FMCSA rules and regulations are limited to enforcement of their rules and regulations. And since FMCSA has no jurisdiction over the rules and regulations of the F.C.C. they have way of enforce any F.C.C. rule or regulation.

Let me make one very important statement. I have never owned nor operated any illegal radio. Nor do I have any reason to ever own or operate such a radio.

As far as trucking is concerned I could care less. I been retired for 2 years now and will never drive a commercial vehicle again.

I couldn't locate the article you reference so if you have a website please post the address. Or give the PA law that Pennsylvania State Police used for such an enforcement.

kc0iv

 

Since you care so little..why are you here?

 

Seems I left a few words out of my post. It should of said --- As far as trucking and illegal radios is concerned I could care less. --- And besides who else would RadioRay be able to talk to?

kc0iv

 

kc0iv,

although you quoted a regulations that is in fact accurate, you are trying to justify specifics to one set of laws or regulations. the laws and regulations that govern this and many other industries are such a cob web of confusion, they can and will cross jurisdictional boundaries. I have personally seen the radios and other devices that had been confiscated in Pennsylvania.

I do not know for sure what the specific rule, law or regulation was in which that had been allowed to confiscate the equipment, as I was glad to be given a wave through and get out of there, but I do not it is being done.

As far as you operating legally, I do not believe I have ever stated as such. As when I refer to those operating illegal equipment, I have tried to word the statements as general in nature.

I am not for certain, but I would be led to believe that the FCC has interoperational agreements with other enforcement agencies to an extent. As I do not have the time to research that point at this time, I will emphasize it is based on knowledge of agreements with other agency's within our governmental framework.

 

I believe he is here, to possibly help others through his past experiences and knowledge of the industry. Not everyone has to be a currently active member of the industry, to have something useful to offer the industry.

I for one have learned from him, although we have differing opinions, his post have been of use and knowledge. Many of his post have actually been a challenge to prove the intent of another poster, which can be beneficial to all.

Much like RadioRay's intent, from what I have read is more to educate and inform of activities taking place, not so much to condemn those that partake in those activities. It amazes me how many people have no interest in the content, that choose to attack him, or anyone else on those issues. If they are not interested in the subject matter, there is much more to read in these forums.

My two cents worth on that!

 

You said:
Read the following: posted by countryhorseman


kc0iv