Thursday, October 28, 2010
Kentucky Law regarding 'Freeband' Transceivers
Kentucky Revised Statutes (2002)
Title XL - Crimes and Punishments
Chapter 432 - Offenses Against the State and Public Justice
§ 432.570
432.570 Possession or use of radio capable of sending or receiving
police messages restricted; Penalty; Enforcement
(1) It shall be unlawful for any person except a member of a police
department or police force or an official with written
authorization from the head of a department which regularly
maintains a police radio system authorized or licensed by the
Federal Communications Commission, to have in his or her
possession, or in an automobile or other vehicle, or t o equip
or install in or on any automobile or other vehicle, any mobile
radio set or apparatus capable of either receiving or
transmitting radio or other messages or signals within the
wavelength or channel now or which may hereafter be allocated
by the Federal Communications Commission, or its successor, for
the purpose of police radios, or which may in any way intercept
or interfere with the transmission of radio messages by any
police or other peace officers and it shall be unlawful for any
car, automobile, or other vehicle other than one publicly owned
and entitled to an official license plate issued by the state
issuing a license to a said car, to have, or be equipped with
the sets or apparatus even though said car is owned by an
officer. This Section shall not apply to any automobile or
vehicle owned or operated by a member of a Sheriff's Department
authorized by the fiscal court to operate a radio
communications system that is licensed by the Federal
Communications Commission or other federal a gency having the
authority to license same. Nothing in this Section shall
preclude a probation and parole officer employed by the
Department of Corrections from carrying on his person or in a
private vehicle while conducting his official duties an
authorized, state-issued portable radio apparatus capable of
transmitting or receiving signals.
(2) Any person guilty of violating any of the provisions of this
Section shall be guilty of a misdemeanor, and, upon conviction,
shall be punished by a fine of not less than fifty dollars
($50) and not exceeding five hundred dollars ($500), or
imprisonment not exceeding twelve (12) months, or both so fined
and imprisoned.
(3) It shall be the duty of any and all peace officers to seize and
hold for evidence any and all equipment had or used in
violation of the provisions of this Section, and, upon
conviction of the person having, equipping or using such
equipment, it shall be the duty of the trial court to order
such equipment or apparatus destroyed, forfeited, or escheated
to the Commonwealth of Kentucky, and said property may be
ordered destroyed, forfeited, or escheated as above provided
without a conviction of the person charged with violating this
Section.
(4) Nothing contained in this Section shall prohibit the possession
of a radio by:
(a) An individual who is a retailer or wholesaler and in the
ordinary course of his business offers such radios for sale
or resale;
(b) A commercial or educational radio or television station,
licensed by the Federal Communications Commission, at its
place of business; or
(c) An individual who possesses such a radio, provided it is
capable of receiving radio transmissions only and is not
capable of sending or transmitting radio messages, at his
place of residence; licensed commercial auto towing trucks;
newspaper reporters and photographers; emergency management
agency personnel authorized in writing by the Director of
Division of Emergency Management (for state personnel) or
Chief Executive of the city or county (for thier respective
personnel); a person holding a valid license issued by the
Federal Communications Commission in the Amateur Radio
Service; peace officers authorized in writing by the head
of thier law enforcement agency, Commonwealth's attorneys
and thier assistants, county attorneys and thier
assistants, except that it shall be unlawful to use such
radio to facilitate any criminal activity or to avoid
apprehension by law enforcement officers. Violation of
this Section shall, in addition to any other penalty
prescribed by law, result in a forfeiture to the local law
enforcement agency of such radio.
(5) The Secretary of the Finance and Administration Cabinet is
hereby empowered by issuance of a Secretary's Order to exempt
from the prohibitions and penalties of this Section the
possession and use of any and all radio communication equipment
that he finds is necessary to be owned and used by members of
the general public and other nonpolice persons for utilization
in the N.O.A.A. weather radio system.
HISTORY: 1998 c 226, § 111, eff. 7-15-98
1994 c 418, § 9, eff. 7-15-94; 1992 c 110, § 1, eff. 7-14-92
1986 c 241, § 1; 1980 c 137, § 1; 1978 c 435, § 1; 1976 ex s, c
14, § 443; 1976 c 166, § 1; 1942 c66
Title XL - Crimes and Punishments
Chapter 432 - Offenses Against the State and Public Justice
§ 432.570
432.570 Possession or use of radio capable of sending or receiving
police messages restricted; Penalty; Enforcement
(1) It shall be unlawful for any person except a member of a police
department or police force or an official with written
authorization from the head of a department which regularly
maintains a police radio system authorized or licensed by the
Federal Communications Commission, to have in his or her
possession, or in an automobile or other vehicle, or t o equip
or install in or on any automobile or other vehicle, any mobile
radio set or apparatus capable of either receiving or
transmitting radio or other messages or signals within the
wavelength or channel now or which may hereafter be allocated
by the Federal Communications Commission, or its successor, for
the purpose of police radios, or which may in any way intercept
or interfere with the transmission of radio messages by any
police or other peace officers and it shall be unlawful for any
car, automobile, or other vehicle other than one publicly owned
and entitled to an official license plate issued by the state
issuing a license to a said car, to have, or be equipped with
the sets or apparatus even though said car is owned by an
officer. This Section shall not apply to any automobile or
vehicle owned or operated by a member of a Sheriff's Department
authorized by the fiscal court to operate a radio
communications system that is licensed by the Federal
Communications Commission or other federal a gency having the
authority to license same. Nothing in this Section shall
preclude a probation and parole officer employed by the
Department of Corrections from carrying on his person or in a
private vehicle while conducting his official duties an
authorized, state-issued portable radio apparatus capable of
transmitting or receiving signals.
(2) Any person guilty of violating any of the provisions of this
Section shall be guilty of a misdemeanor, and, upon conviction,
shall be punished by a fine of not less than fifty dollars
($50) and not exceeding five hundred dollars ($500), or
imprisonment not exceeding twelve (12) months, or both so fined
and imprisoned.
(3) It shall be the duty of any and all peace officers to seize and
hold for evidence any and all equipment had or used in
violation of the provisions of this Section, and, upon
conviction of the person having, equipping or using such
equipment, it shall be the duty of the trial court to order
such equipment or apparatus destroyed, forfeited, or escheated
to the Commonwealth of Kentucky, and said property may be
ordered destroyed, forfeited, or escheated as above provided
without a conviction of the person charged with violating this
Section.
(4) Nothing contained in this Section shall prohibit the possession
of a radio by:
(a) An individual who is a retailer or wholesaler and in the
ordinary course of his business offers such radios for sale
or resale;
(b) A commercial or educational radio or television station,
licensed by the Federal Communications Commission, at its
place of business; or
(c) An individual who possesses such a radio, provided it is
capable of receiving radio transmissions only and is not
capable of sending or transmitting radio messages, at his
place of residence; licensed commercial auto towing trucks;
newspaper reporters and photographers; emergency management
agency personnel authorized in writing by the Director of
Division of Emergency Management (for state personnel) or
Chief Executive of the city or county (for thier respective
personnel); a person holding a valid license issued by the
Federal Communications Commission in the Amateur Radio
Service; peace officers authorized in writing by the head
of thier law enforcement agency, Commonwealth's attorneys
and thier assistants, county attorneys and thier
assistants, except that it shall be unlawful to use such
radio to facilitate any criminal activity or to avoid
apprehension by law enforcement officers. Violation of
this Section shall, in addition to any other penalty
prescribed by law, result in a forfeiture to the local law
enforcement agency of such radio.
(5) The Secretary of the Finance and Administration Cabinet is
hereby empowered by issuance of a Secretary's Order to exempt
from the prohibitions and penalties of this Section the
possession and use of any and all radio communication equipment
that he finds is necessary to be owned and used by members of
the general public and other nonpolice persons for utilization
in the N.O.A.A. weather radio system.
HISTORY: 1998 c 226, § 111, eff. 7-15-98
1994 c 418, § 9, eff. 7-15-94; 1992 c 110, § 1, eff. 7-14-92
1986 c 241, § 1; 1980 c 137, § 1; 1978 c 435, § 1; 1976 ex s, c
14, § 443; 1976 c 166, § 1; 1942 c66
