Relates to equipping vehicles with radio devices

BILL NUMBER:S7860

Title of bill

An act to amend the vehicle and traffic law, in relation to equipping vehicles with radio devices

Purpose: The purpose of this bill is to improve and enhance the State's prevention, preparedness and disaster response operations by exempting authorized personnel of the Division of Homeland Security and Emergency Services (DHSES) from application of Vehicle and-Traffic Law (VTL) § 397 which prohibits any person who is not a police or peace officer, or who does not possess a special permit or amateur radio license, from equipping a motor-vehicle with radio receiving sets capable of receiving signals on frequencies allocated for police use. DHSES's prevention, preparedness and response missions require that it be capable of maintaining effective and uninterrupted communications with its partner State and local agencies.

Summary of Provisions:

Section 1 of the bill would amend VTL § 397 to exempt authorized DHSES employees acting within the scope of their duties from enforcement of such section, thereby allowing DHSES employees to carry police-frequency radio equipment in vehicles without penalty.

Section 2 would provide that the bill takes effect immediately.

Existing Law: Any person, who is not a police officer or peace officer acting pursuant to his special duties, or who does not possess a special permit or amateur license from the Federal Communications Commission (FCC), who equips a motor vehicle with a radio set capable of receiving signals on the frequencies allocated for police use is guilty of a misdemeanor under VTL § 397.

There is no such prohibition on carrying radio equipment or listening to radio frequencies allocated for police use when not inside of a motor vehicle, except if making an unauthorized radio transmission (Penal Law section§ 190.72), or possessing the radio device with the intent to commit robbery, burglary, larceny, gambling or any violation of Article 220 of the Penal Law {Penal Law § 140.40).

Legislative History: This is a new bill.

Statement in Support: The prohibitions in VTL § 397 were originally intended to protect against the misuse of restricted radio frequencies in vehicles by criminals and did not anticipate the future reliance on such frequencies by the State's disaster response officials. In the course of discharging its statutory duties, DHSES routinely requires access to such frequencies in order to communicate effectively with its partner agencies in localities throughout the State. Effective inter-agency communication is necessary to ensure that vital information regarding disasters and other emergencies is timely received by DHSES so that it may properly direct the State's response and co-ordinate its efforts with those of the affected localities. This bill would modernize VTL § 397 to reflect the nature of DHSES's statutory duties and corresponding communications needs by exempting authorized agency personnel from its application.

Budget Implications: None.

Local impact: None.

Effective Date: This bill would take effect immediately.