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Milkman21218
Advanced Member
Username: Milkman21218

Post Number: 596
Registered: 1-2004
Posted on Friday, June 20, 2014 - 1:03 pm:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

Watch what you say over the CB or you could be slapped with a fine for thousands of dollars. A trucker based out of Bainbridge, New York named Donald Beers got in an argument with another trucker on the road not far from him. As the conflict escalated, the other trucker, Fred Lawson, called in the authorities after he claims that Beers began to threaten him over the CB.

Both drivers were traveling eastbound on I-84 when the incident occurred. Lawson claims that Beers threatened him saying “pull over and I’ll put a bullet between your eyes.” As the threat was made, Lawson claimed that he saw Beers reach under his seat for something.
When police officers searched Beers’ vehicle, they did not find any firearms, but issued him a citation for harassment. It is unclear whether or not Beers was issued a fine, but according to the FCC, violating the rules or regulations of CB Radio use can result in a fine of up to $10,000

Read Report Here
Izzy
CEF#502
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Possum_lodge
Junior Member
Username: Possum_lodge

Post Number: 38
Registered: 5-2014
Posted on Saturday, June 21, 2014 - 10:11 am:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

Let's look at this from another perspective.

Anything that you do on a radio is FEDERAL.

Unfortunately CB radio is no longer regulated, but it is still on the books.

Technically the Town Clown or State Police Officer or Barney Fife does not have jurisdiction over anything done on the radio.

In order for the police to be allowed to do anything, they would first have to get permission from a Federal Marshal.

Because most people are stupid and don't understand this basic precept, they fail to grasp the magnitude of the situation.

First off - you would need to have eye witnesses, there is no witnesses on the radio.
Second off - you have to have some way of identifying the station, which is the purpose of having a call sign and the purpose of having to identify with the call sign every 10 minutes and when you sign off.
Third - you would have to have some way of identifying the vehicle that the aggressor was traveling in as being the vehicle that the transmissions were emanating from.

The next issue you have is that everyone has the right to Free Speech.
Unless you can prove that the other person was in fact in the process of carrying out their threats, there is no way to prove that it is a threat in the first place.
You have to have some type of action, a person physically driving to your house with a weapon, getting out of the vehicle and physically threatening you.
Just making idle threats is not enough.

There was a man in Johnstown Pennsylvania that sent a threatening, vile letter to Barrack Obama in the White House via email. The secret service came and arrested the man. They put him in jail. There was a trial, the man was let go because technically he did not break any laws.
Harassment is a very general term, it means doing anything to annoy or alarm someone.

Someone in a position of authority such as a policeman or even the President of the United States has an obligation to take a certain amount of gruff from the general public. You can't retaliate just because you don't like what someone said.

The other person would also be charged with harassment because he was a participant.

In the real world, there is a knob or a button that turns on and off the CB radio. There is also another knob or button that changes the channel.
If the person that was offended felt threatened, they should have changed the channel or turned the radio off. There is nothing that says that you have to have a CB radio or you have to be on a certain channel to be a truck driver.

If I was a cop, I would have called a Federal Marshal and also the FCC and I would have impounded both vehicles until the FEDS got there and then I would have had them confiscate both radios. If the radio tested positive for a peak and tune or was a illegal import radio - I would have prosecuted both of them to the legal limit of the law and gave them both a $12,000.00 fine.

The one thing that would have gotten both drivers fired is the loss of their load and their load not being delivered on time.

No one realizes that what you are doing on any radio is FEDERAL.
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Charliebrown
Intermediate Member
Username: Charliebrown

Post Number: 345
Registered: 10-2002
Posted on Saturday, June 21, 2014 - 10:26 am:   Edit Post Delete Post    Move Post (Moderator/Admin Only)

What proof did he have? Did he record the conversation or have people to back him up. If neither how could they cite him? It would be his word against his. With no gun during a search then I would suspect the other person was not telling the truth.

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