Cb radios (1 Viewer)

[scotjimland]

I am assuming you mean to the legality of using a CB whilst driving.

Think about it, Is it ilegal for a Taxi driver to talk on his radio whilst driving = No
Is it ilegal for a Policeman to talk on his radio whilst driving = No
Is it ilegal for a bus driver to talk on his radio whilst driving = No

The actual law is referred to here by the Police -:

Link Removed

is this not covered in the Highway Code .. ?

Mobile phones and in-vehicle technology
149

You MUST exercise proper control of your vehicle at all times. You MUST NOT use a hand-held mobile phone, or similar device, when driving or when supervising a learner driver, except to call 999 or 112 in a genuine emergency when it is unsafe or impractical to stop[HI]. Never use a hand-held microphone when driving. [/HI]Using hands-free equipment is also likely to distract your attention from the road. It is far safer not to use any telephone while you are driving or riding - find a safe place to stop first or use the voicemail facility and listen to messages later.
Laws RTA 1988 sects 2 & 3 & CUR regs 104 & 110

 

[scotjimland]

I am assuming you mean to the legality of using a CB whilst driving.

Think about it, Is it ilegal for a Taxi driver to talk on his radio whilst driving = No
Is it ilegal for a Policeman to talk on his radio whilst driving = No
Is it ilegal for a bus driver to talk on his radio whilst driving = No

The actual law is referred to here by the Police -:

Link Removed

is this not covered in the Highway Code .. ?

Mobile phones and in-vehicle technology
149

You MUST exercise proper control of your vehicle at all times. You MUST NOT use a hand-held mobile phone, or similar device, when driving or when supervising a learner driver, except to call 999 or 112 in a genuine emergency when it is unsafe or impractical to stop[HI]. Never use a hand-held microphone when driving. [/HI]Using hands-free equipment is also likely to distract your attention from the road. It is far safer not to use any telephone while you are driving or riding - find a safe place to stop first or use the voicemail facility and listen to messages later.
Laws RTA 1988 sects 2 & 3 & CUR regs 104 & 110


More advice here
Broken Link Removed

 

[LesAshmore]

is this not covered in the Highway Code .. ?

Mobile phones and in-vehicle technology
149

You MUST exercise proper control of your vehicle at all times. You MUST NOT use a hand-held mobile phone, or similar device, when driving or when supervising a learner driver, except to call 999 or 112 in a genuine emergency when it is unsafe or impractical to stop[HI]. Never use a hand-held microphone when driving. [/HI]Using hands-free equipment is also likely to distract your attention from the road. It is far safer not to use any telephone while you are driving or riding - find a safe place to stop first or use the voicemail facility and listen to messages later.
Laws RTA 1988 sects 2 & 3 & CUR regs 104 & 110

It is an offence to use a hand held mobile phone or an "interactive communications device", but there is an exemption for a two way radio which is designed or adapted -

(i) for the purpose of transmitting and receiving spoken messages; and
(ii) operates on any frequency other than 880 MHz to 915 MHz, 925 MHz to 960 MHz, 1710 MHz to 1785 MHz, 1805 MHz to 1880 MHz, 1900 MHz to 1980 MHz or 2110 MHz to 2170 MHz.

Ofcom states that you should be transmitting CB in the 27MHz range, if you are, you come within the exception and are OK. The exception was created because so many government and private organisations (e.g. taxis) use 2 way radios.

This is the actual Law and as such the use of a two way communications device operating on legal frequencies ie 27 MHZ whilst driving is legal.

Please also note that it is ilegal to use an hand held two way transmitter receiver, also a PMR 446 comes in the "Ilegal" bracket

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[scotjimland]

It is an offence to use a hand held mobile phone or an "interactive communications device", but [HI]there is an exemption [/HI]for a two way radio which is designed or adapted -

(i) for the purpose of transmitting and receiving spoken messages; and
(ii) operates on any frequency other than 880 MHz to 915 MHz, 925 MHz to 960 MHz, 1710 MHz to 1785 MHz, 1805 MHz to 1880 MHz, 1900 MHz to 1980 MHz or 2110 MHz to 2170 MHz.

Ofcom states that you should be transmitting CB in the 27MHz range, if you are, you come within the exception and are OK. The exception was created because so many government and private organisations (e.g. taxis) use 2 way radios.

[HI]This is the actual Law[/HI] and as such the use of a two way communications device operating on legal frequencies ie 27 MHZ whilst driving is legal.

Do you have a link for the 'exemption' and the law ?

 

[LesAshmore]

Do you have a link for the 'exemption' and the law ?

Link Removed This is a link to the "Ask The Police" website where the Police themselves answer any questions

 

[Jaws]

EDIT !!! Les beat me to it !!

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[LesAshmore]

http://www.legislation.gov.uk/uksi/2003/2695/pdfs/uksi_20032695_en.pdf

The Actual legal document (If my link works)

 

[scotjimland]

The Actual legal document (If my link works)

yes, it works.. and thanks ..

So, whilst using a CB isnt explicitly illegal, under the rules of the Highway Code
you could still be charged for driving without due care and attention.

This would also apply to fiddling with a sat nav / car radio... drinking and or eating whilst driving.

 

[LesAshmore]

yes, it works.. and thanks ..

So, whilst using a CB isnt explicitly illegal, under the rules of the Highway Code
you could still be charged for driving without due care and attention.

This would also apply to fiddling with a sat nav / car radio... drinking and eating whilst driving.

It is just same as most laws, "If there is a will there is a way"
there has been No prosecutions of using a microphone since 1993 when the law was brought in and when you think about it if there was a prosecution the door would be wide open for appeal as then the Taxi Drivers, Ambulance Drivers, Police drivers so on and so on would all be open for prosecution and there would be countless photographs of these individuals using a microphone whilst driving.

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[Jaws]

The law was changed after a cb radio user was prosecuted.. Said CB user was in fact a bit of a legal eagle and fought the case sighting the use of microphones by the emergency services.
The law was changed VERY quickly ( even though the prosecution was successful .. at the time it was illegal and as was pointed out in the summing up, two wrongs do not make a right... or words to that effect )

As a licensed radio op, who ran a reasonably successful amateur and CB radio supply, repair and install business for many years, it is ( wellll,, was ! ) in my interest to keep a very close eye on legal issues

 

[rainbow chasers]

It is perfectly legal to use a radio, so long as it is only push to talk, is not receiving or capable of receiving tet messages and runs of a frequency not available to GSM network.

There is the cloud of 'due care' over your head, but that would be an issue that would be seperate, and they would need to prove you were not in proper control - same as anyone eating etc. You would have to be swerving everywhere to fall foul of that one!

 

[mondo]

Peter Tame..you say you are thinking of going down the Amateur radio route and use the 2mtr band..yes all well and good however you could not use 2mtr in France as you would only be a "Foundation "user( M6 call restricted to 5 watts power) but due to CEPT regs as a Foundation user there is no reciprocal agreement to use that licence in Europe/North Africa/etc to do that would entail going right up to Full Licence holder..it is do able but would take say until December to complete due to training and exam dates...I say stick to PMR Radios you can pick up a decent set for around £15 quid I still have a set I used to use when there were a few of us together the co-pilot does the talking so no worries on that score just keep em out of site in france etc and no worries..

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[Reallyretired]

We recently carried out a wireless coverage test with our 4x4 response group and the result showed that CB was pretty useless for this purpose as range was at best a couple of miles. It's useful for a convoy or off road jaunt in company though.
The coverage using 2m with a couple of controllers on hills gave pretty good coverage and would have been even better with a couple more hills in the right places. As already stated you would need a full licence to use abroad.