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FCC at the tolls and scales
- Thread starter medic18d
- Start date
Maybe we need to clarify here... Company driver or owner operators? Nobody is b*tching here. It is a matter of personal property. You own your own rig and somebody is demanding to rummage through it without reason. That's not right and is illegal.
FYI there have been problems with cops pulling over people with big CB antennas, just to harass them. That is not a viable reason to pull someone over and demand a search.
Ohh and another thing. Exports are not illegal to own!!!! Only to transmit on. Why are they searching for exports or hopped up CBs. Unless you are transmitting while they search your vehicle they can't do anything.
Owner operators or Billy Bob 4 wheelers alike this is a lot of crap.
Owner operators or Billy Bob 4 wheelers alike this is a lot of crap.
It doesn't work that way. If you have a linear amp inline with your CB radio the FCC deems that you have used it. They have been successful with this in the past. Same thing with an export radio I would think. If you have one installed you are deemed to have used it. You don't have to be standing there keying up while an FCC agent watches you. If that was the case nothing would ever be prosecuted. What people think the law should be and what the law actually is can be quite different.
RatsoW8
Supporting Member, W9WDX ARC Member - WD8T
Vehicle searches are not the same as searching your home. So, the FCC along with the DOT cops may have the right to search a commercially regulated vehicle or any vehicle really without a warrant if they believe an illegal activity is taking place. I suppose that would include violating federal law by running an illegal radio setup.
See Carroll v. United States.
See Carroll v. United States.
CB is a license by rule service. Basically you have the right to use it if you agree to the regulations and the simple act of installing a radio constitutes your agreeing to follow the regulations, one of which is in regards to inspections.
Straight from the FCC website [sic]. Link below.
§95.426 (CB Rule 26) Do I have to make my CB station available for inspection?
(a) If an authorized FCC representative requests to inspect your CB station, you must make your CB station and records available for inspection.
(b) A CB station includes all of the radio equipment you use.
eCFR — Code of Federal Regulations
There you have it. If the FCC wants to see your station, regardless if it is in a house or vehicle, you MUST allow them to see it or face a Notice of Apparent Liability. Also note "an authorized FCC representative" which could be DOT inspectors etc if acting upon a request from the FCC.
Straight from the FCC website [sic]. Link below.
§95.426 (CB Rule 26) Do I have to make my CB station available for inspection?
(a) If an authorized FCC representative requests to inspect your CB station, you must make your CB station and records available for inspection.
(b) A CB station includes all of the radio equipment you use.
eCFR — Code of Federal Regulations
There you have it. If the FCC wants to see your station, regardless if it is in a house or vehicle, you MUST allow them to see it or face a Notice of Apparent Liability. Also note "an authorized FCC representative" which could be DOT inspectors etc if acting upon a request from the FCC.
We had a rumor floating around here in RI about 2 weeks ago , all the Big Boys on AM shut down a bit an 1 guy I talk to when I heard his unit number was a little hesitant at first but told me he was meeting with them on Friday a week ago I have not heard him on the air but then again I don't frequent the AM channels that often . He told me it was because of a complaint from local cable providers . Just my two cents .
I was waiting for someone to pull that one out.
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I hold a commercial license and the rules between a regular DL and Commercial are quite different. I have not experienced this FCC at the scales as I run intra state and drive a state truck also..I basically get a automatic green light but a few years a go I was running from Ca to NY and felt like I was a criminal even though I was doing nothing wrong. it seems you have no rights what so ever as a citizen at the inspection stations and especially since 911. This Homeland security has effected Americans 100% and if you live in an other country it affects your daily life about 0%. Russia has more freedoms than we do but we are not supposed to believe this because we enact laws only for our protection?? And the founding fathers knew this that we would take away our freedoms and rights which we now do not have any more. If you are readily giving up your rights in America YOU are UNAMERICAN!!
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the big trucks were getting harrased and searched cant say the little cars were for sure .
Smell bs ? im bet you think the police cant disarm us either . i bet you think we still have freedom of speech too.
I have no reason to lie .