Permissible use

[WSAE510]

I recently reread the FCC rules regarding certain communications 

allowed. One example is that I gave a warning of a motorcycle  

accident. one person tried to tell me that it was a violation

of the FCC rules. as it would be, I read to them what it says and that 

I was in right plus I called the FCC to have them verify that I was in the right. 

FCC said that I actually prevented someone from arriving to a hazardous 

situation and to have them rerouted for safety

 

So this ruling of what I did was legal  

[Socalgmrs]

Why would that not be legal.  Almost anything is legal on gmrs especially traffic reports. Obviously that some one knows nothing or is just being a jerk. 

[WRXB215]

14 minutes ago, WRXP381 said:

especially traffic reports.

Absolutely. And I agree, either the guy doesn't know what he is doing or he was being a jerk. Every time I have given a traffic report, if anyone was listening, they were grateful for the heads up.

[WRUU653]

Oh that guy, that’s Moe… Moe Ron.

But seriously WTH. Once I even looked up on the on the internet for a guy trying to find out why traffic was backed up and what route could be taken. Turned out there was a Christmas parade going on. 

[WRQC527]

4 hours ago, WSAE510 said:

I recently reread the FCC rules regarding certain communications 

allowed. One example is that I gave a warning of a motorcycle  

accident. one person tried to tell me that it was a violation

of the FCC rules. as it would be, I read to them what it says and that 

I was in right plus I called the FCC to have them verify that I was in the right. 

FCC said that I actually prevented someone from arriving to a hazardous 

situation and to have them rerouted for safety

 

So this ruling of what I did was legal  

Not only is there no rule I've ever heard of prohibiting traffic reports on GMRS (or CB, or MURS, or FRS), traffic reports and other public safety issues are part of personal radio services. CB radio, arguably the granddaddy of Part 95 communications, probably owes its very existence to folks providing traffic reports to each other. In the mid 80s we used to have a guy here in Orange County, CA who went by "Quiet Man". He took traffic incidents every day from all of us on our CBs and called them in to the CHP and told us where the wrecks were. Unless someone can cite an actual rule, they can, as my dad used to say, go pound sand.

[SteveShannon]

5 hours ago, WRQC527 said:

Not only is there no rule I've ever heard of prohibiting traffic reports on GMRS (or CB, or MURS, or FRS), traffic reports and other public safety issues are part of personal radio services. CB radio, arguably the granddaddy of Part 95 communications, probably owes its very existence to folks providing traffic reports to each other. In the mid 80s we used to have a guy here in Orange County, CA who went by "Quiet Man". He took traffic incidents every day from all of us on our CBs and called them in to the CHP and told us where the wrecks were. Unless someone can cite an actual rule, they can, as my dad used to say, go pound sand.

Here’s the actual rule the specifically permits traffic reports:

95.1731(b) One-way communications. The operator of a GMRS station may use that station to transmit one-way communications:

(1) To call for help or transmit other emergency communications;

(2) To provide warnings of hazardous road conditions to travelers; or,

(3) To make brief test transmissions.

[LeoG]

I think the only thing that might not be legal would be to give a police officers position to help others evade an operation such as a speed trap.

[LeeBo]

12 hours ago, WRXP381 said:

Obviously that some one knows nothing or is just being a jerk. 

Option B for the win!

[WRUE951]

i once farted on the radio, someone told me they were gong to call the FCC on me..  I'm still here and waiting..  

[amaff]

4 minutes ago, WRUE951 said:

i once farted on the radio, someone told me they were gong to call the FCC on me..  I'm still here and waiting..  

No one expects the Flatulent Communications Commission!

[SteveShannon]

1 hour ago, LeoG said:

I think the only thing that might not be legal would be to give a police officers position to help others evade an operation such as a speed trap.

That might already be covered by traffic regulations. 

[LeoG]

1 hour ago, SteveShannon said:

That might already be covered by traffic regulations. 

Exactly.  But who wouldn't want to receive some warning that some traffic even is up the road?  Guy sounds like he is unhappy and needs to may others feel the same.

[Lscott]

3 hours ago, LeoG said:

I think the only thing that might not be legal would be to give a police officers position to help others evade an operation such as a speed trap.

I think that falls under the:

5 hours ago, SteveShannon said:

(2) To provide warnings of hazardous road conditions to travelers

[LeoG]

Pretty sure the police will disagree with that.

Maps got in trouble for ratting out their positions.  Then it went to court I believe and they must have won because using my phone gps I get warnings for speed traps.

[Socalgmrs]

20 minutes ago, LeoG said:

Pretty sure the police will disagree with that.

Maps got in trouble for ratting out their positions.  Then it went to court I believe and they must have won because using my phone gps I get warnings for speed traps.

There is nothing illegal about warning traffic about police/sheriff/state troopers,Leo positions by radio or flashing head lights or other such methods.   They may not like it but it’s not illegal.    

[LeoG]

They've claimed it was impeding an officers work or some crap like that.  They gave out tickets around here years ago for flashing your lights to warn of speed traps.

[Socalgmrs]

5 minutes ago, LeoG said:

They've claimed it was impeding an officers work or some crap like that.  They gave out tickets around here years ago for flashing your lights to warn of speed traps.

Nothing a court appearance wouldn’t solve.    It’s too broad of an interpretation that easily infringes on free speech. Also the burden of proof as to exactly why you flashed your lights.   This is why it is soooo importi say NOTHING to any law enforcement.  Answer zero questions.  Just be polite (if you choose) and take the ticket.  Then go to court. As for the radio warning no one would ever know if it was you for one.  Second again free speech.   Law enforcement has no expectation of any type of privacy in public, including location. 

[WRUE951]

22 hours ago, WRXP381 said:

There is nothing illegal about warning traffic about police/sheriff/state troopers,Leo positions by radio or flashing head lights or other such methods.   They may not like it but it’s not illegal.    

Many states, especially back east, it is illeagle to flash your headlights at approaching traffic.  Even Calif.. And cops are eager to write tickets for it.  

[Socalgmrs]

42 minutes ago, WRUE951 said:

Many states, especially back east, it is illeagle to flash your headlights at approaching traffic.  Even Calif.. And cops are eager to write tickets for it.  

No actually it’s not illegal to flash head lights at oncoming traffic in California as it is used to warn of heavy high beams being on or no lights in at all.  You will not be able to produce a cvc to that effect so let’s not spread rumors.  
 

now if they can prove you are doing it to harm some one in some way that’s a totally different cvc but again just because you get a ticket does not mean you are guilty of the offense.  Nothing a trip to court with a good Defense can’t stop.  The general public REALLY need to learn actual law and not what people or even Leo’s “think” the law is.  

[WRQC299]

No actually it’s not illegal to flash head lights at oncoming traffic in California as it is used to warn of heavy high beams being on or no lights in at all.  You will not be able to produce a cvc to that effect so let’s not spread rumors.  
 
now if they can prove you are doing it to harm some one in some way that’s a totally different cvc but again just because you get a ticket does not mean you are guilty of the offense.  Nothing a trip to court with a good Defense can’t stop.  The general public REALLY need to learn actual law and not what people or even Leo’s “think” the law is.  

CA Vehicle Code 24409 (Failure to Dim Headlights) states:

“(a) Whenever the driver of a vehicle approaches an oncoming vehicle within 500 feet, he shall use a distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the oncoming driver.

The lowermost distribution of light specified in this article shall be deemed to avoid glare at all times regardless of road contour.

( Whenever the driver of a vehicle follows another vehicle within 300 feet to the rear, he shall use the lowermost distribution of light specified in this article.”

https://codes.findlaw.com/ca/vehicle-code/veh-sect-24409/

That means flashing your high beams at someone to warn them is illegal, but turning your low beam lights on and off is not.


Sent from my iPhone using Tapatalk

[WRUE951]

28 minutes ago, WRXP381 said:

No actually it’s not illegal to flash head lights at oncoming traffic in California as it is used to warn of heavy high beams being on or no lights in at all.  You will not be able to produce a cvc to that effect so let’s not spread rumors.  
 

now if they can prove you are doing it to harm some one in some way that’s a totally different cvc but again just because you get a ticket does not mean you are guilty of the offense.  Nothing a trip to court with a good Defense can’t stop.  The general public REALLY need to learn actual law and not what people or even Leo’s “think” the law is.  

i guess if you are beyond 500' it would be legally to flash your high beams but if you are within, it would be against the law according to vehicle code 24409

[LeoG]

They ticket you and then you have to pay or go to court.  Either way they screwed with your life.  Go ahead and tell the cop that he can't legally give you this ticket and all he'll say is tell it to the judge.

And your life is still screwed with and now you have a cop that doesn't like you.

[WRXB215]

3 hours ago, LeoG said:

They ticket you and then you have to pay or go to court.  Either way they screwed with your life.  Go ahead and tell the cop that he can't legally give you this ticket and all he'll say is tell it to the judge.

And your life is still screwed with and now you have a cop that doesn't like you.

An unfortunate reality of life.

[WRKC935]

And all that needs to happen with a 'one way broadcast ' is for someone to reply to that transmission and then it's a standard conversation. 

One way broadcasts are NOT informational transmissions. Playing of music, recorded sound, or anything else that is easily recognizable as one way is forbidden.

Keying up and making a statement about weather, traffic conditions, backup's or accidents are not purposefully a one way 'broadcast'.

 

The problem in my eyes is there are getting to be too many ham operators that have switched over to GMRS, read the rules and interpret them incorrectly and then take a hammie stance of "YOU CAN"T DO THAT, SO I AM GONNA CALL IT OUT" getting on and chastising other operators  thinking that GMRS is the same as their beloved ham radio and has to be protected from those horrible operators they THINK are doing it wrong.

I promise you that a number of those operators called the FCC about linking and complained to the point they had to figure out something to say was wrong about it and as opposed to just saying, if you do it you need to consider these specific regulations and instead banning the act all together. 

[WRQI663]

On 9/18/2024 at 8:45 AM, LeoG said:

I think the only thing that might not be legal would be to give a police officers position to help others evade an operation such as a speed trap.

CBers started that - personally I think that's not bad......revenue generation IS NOT what I call law enforcement, although driving like an idiot should be

controlled.