while riding , i look down and at times its on again, .....but will i be covered under warrenty ?....cause i'v had some serious motor work done , ....my stealer said bring it in and they'll ride it to see if it comes on, ...if it don't come on then they won't do nothing, ....well you know it won't come on, in a short ride , ...and i don't want them a**holes riding my bike, so i guess there's nothing that can be done 
Yes, it will still be covered. They can legally void coverage on a heavily modified engine, but that has nothing to do with the radio and they cannot use the engine mods to justify voiding coverage on other parts of the bike like the radio.
If you were to just turn the switch to accessory and let it sit for awhile, would the radio do the same thing? If it will, that would solve your conundrum about not wanting the a**holes riding your bike. If it won't, call Harley direct and see what they say. If you get a knowledgeable person who is honest, they will know about the radio issues and will help to arrange a replacement without having to put up with BS from the dealership.
Jerry