The ARRL has recently released a statement regarding the New York Ham who was parked while using his mobile amateur transceiver. This individual was aquitted in city court after failing to win his case in traffic court.
The city court ruled along the lines of differentiating between a cell phone and a citizen's band radio. Amateur Radio is not citizen's band, but under this court ruling, the legal statement and legal effect is the same in the end: an amateur radio set is not a cellular telephone according to New York Law!
Commenters at a popular radio communications forum have asked good questions about the FCC rules difference between amateur and citizen's band, due to CB being covered under Part 95 rules and Amateur Service Radios falling under Part 97 rules. It seems that they may be worried about amateur radio and CB being mixed up with each other. After all, this is a common public image problem because the public usually has zero technical knowledge and no knowledge of what separates CB and Amateur Radio.
SWA encourages mobile hams to always carry a copy of their FCC License, a copy of PR91-36, and a copy of FCC Part 97 rules, as well as a copy of your state's laws on distracted driving or cell use while driving. Always respond to police in a professional manner when pulled over, and remember you can write in to their department later and complain or hire an attorney to do that for you. The police cannot remember everything and are just as human as we are.
Congrats to our fellow ham in New York on a well fought case!