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shoestring
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PostSubject: is it legal to :-   is it legal to :- Icon_minitimeSat Aug 29, 2020 1:51 pm

Shocked I've not been on cb for years .. can anyone tell me please, is it still legal to talk on the cb while driving .or is it the same as mobile phones now you got to be parked up and engine turned off  Very Happy

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Victor
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PostSubject: Re: is it legal to :-   is it legal to :- Icon_minitimeSat Aug 29, 2020 3:20 pm

The question should really be, "Is it safe to use a CB whilst driving"....

Laws are usually put in place on the whole to protect people.

It's not technically illegal to stick your tongue out to the edge of a spinning angle grinder....and you wouldn't expect a law was required for such an action. I also don't expect many would argue a legal technicality for being free to do such a thing.

The mobile phone use whilst driving laws have had to be updated several times because of people trying to worm out of the legalities. Some still think it's OK to use a phone when stopped in traffic, or browse a website on their phone whilst on the move. 

Because of this the law was finally updated to include a 'hand held device' for the purposes of 'two way communication'. The definition of 'driving' was also updated in a similar vein of drink driving laws so that 'capable of being driven' is included which means being stationary in traffic. This also includes whether the engine is running or not due to 'start/stop' technology utilised in modern cars.

So today you could very well find yourself in hot water using a CB or other radio device. The mic would be regarded as a 'hand held device' and being connected to your transceiver would be for the purposes of 'two way communication'.

Seeing as the Police are so hot at you so much as holding a phone whilst driving, you could well find the same is true holding a radio mic. Argue about it and you could be charged with 'driving whilst distracted' or even 'undue care and attention' which often carry harsher punishments.


Despite the above none of it is offered in way of 'legal advice' and should not be seen as such. It took all of five minutes to find this information and without much difficulty.

As for my reference to 'safe' at the start, this includes the safety of both yourself and others. Modern vehicles have many safety features, air bags, seats belts, crumple zones, etc. etc. Unfortunately pedestrians, cyclists and motorcyclists do not, so we have to think about their safety too.

You only have to imagine if one of your loved ones was killed or maimed by a driver, who was then not brought to justice because they managed to worm their way through a legal 'technicality'.

Please also understand that this is not directly addressed to the OP, but being a public forum also for the benefit of others reading this.



Long answer for a short question, but circumvents the utter nonsense that usually occurs around such discussions.



All the best,
Victor

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Northern Crusader
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PostSubject: Re: is it legal to :-   is it legal to :- Icon_minitimeSat Aug 29, 2020 5:14 pm

shoestring wrote:
Shocked I've not been on cb for years .. can anyone tell me please, is it still legal to talk on the cb while driving .or is it the same as mobile phones now you got to be parked up and engine turned off  Very Happy

Yes it is legal to use a mobile radio whilst driving, the Radio Communications Act makes the exemption otherwise police and other emergency services would be stuffed.

HOWEVER the police have the "catch all" driving without due care which they could possibly charge you with instead.

My advice would be to exercise common sense. Driving around town do you really want to be using a mike whilst navigating urban traffic and roads?

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John123
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PostSubject: Re: is it legal to :-   is it legal to :- Icon_minitimeSun Aug 30, 2020 12:02 pm

If I remember correctly (don't quote me on this) I think it is certain frequencies that make it exempt. Someone else might know for sure. You often see the presenters of Top Gear driving whilst using radio handsets.... But as others have said you need to be mindful of not getting charged with 'driving without due care and attention' or worse.

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NUBSTER
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PostSubject: Re: is it legal to :-   is it legal to :- Icon_minitimeSun Aug 30, 2020 12:17 pm

I think it one of those grey areas John like you said because of frequencies, when you think about it hand held two way radios have been about a lot longer than the modern mobile phone ,so perhaps there is a old loophole in law about hand held two way radios, but as everyone else has said useing anything   while driving do it with caution and responsibility

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NUBSTER
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PostSubject: Re: is it legal to :-   is it legal to :- Icon_minitimeMon Aug 31, 2020 8:27 am

I found this article I know it's from 2015 but I doubt its changed much if it has at all 

https://www.dcs2way.co.uk/news/is-it-legal-to-use-a-two-way-radio-whilst-driving.htm

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Victor
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PostSubject: Re: is it legal to :-   is it legal to :- Icon_minitimeMon Aug 31, 2020 8:50 am

Stay safe.

Keep others safe.

Enjoy your hobby.


ROSPA - Driver Distraction

The AA - Driver Distraction

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PostSubject: Re: is it legal to :-   is it legal to :- Icon_minitimeMon Aug 31, 2020 9:12 am

A reply I received from the “Ask the Police App”


Thank you for your email.
 
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 -
-    for the purpose of transmitting and receiving spoken messages; and 
-    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.
 
However, there is strong scientific evidence that any such activity (including fiddling with your CD player etc.) does raise the level of danger so far as accidents are concerned, so it is recommended that you do whatever you can to minimise use of transmitter buttons, tuning devices and volume controls. If something akin to hands free exists it would be a good idea.
 
Even if the device you are using does not fall within the mobile phone legislation, with or without hands free, if you can't control your vehicle properly or are driving badly, you can be prosecuted for not being in proper control of your vehicle, careless driving or dangerous driving, the latter two offences carry much higher penalties. If you kill someone in an accident caused by phoning or texting or using a CB etc. you can expect a lengthy sentence of imprisonment.
 
We hope this information is of use.
 
Regards,
PNLD

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NUBSTER
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PostSubject: Re: is it legal to :-   is it legal to :- Icon_minitimeMon Aug 31, 2020 9:27 am

One of my mates who works for the AA as a patrolman he has a two way radio in his van and uses it he also has loads of other communication stuff in the van it's like a mini office and he sometimes has use it while on the move
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Pagan
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PostSubject: Re: is it legal to :-   is it legal to :- Icon_minitimeMon Aug 31, 2020 9:34 am

This is what the police say......

https://www.askthe.police.uk/content/Q659.htm
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Victor
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PostSubject: Re: is it legal to :-   is it legal to :- Icon_minitimeMon Aug 31, 2020 9:57 am

ad infinitum....... Rolling Eyes

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stephen Gunrunner
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PostSubject: Re: is it legal to :-   is it legal to :- Icon_minitimeMon Aug 31, 2020 11:08 am

I never use any communication device when I am driving as I could not live with my self if I killed any one
and that includes children . I have a very good on the radio female my lovely wife she likes using the radio 11m 70cm but converted to 446 and if I want to use the radio only when I am stopped on a good spot.

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PostSubject: Re: is it legal to :-   is it legal to :- Icon_minitimeMon Aug 31, 2020 11:19 am

Nicely said Stephen Smile

I think that regardless of legal technicalities we pretty much all agree about the safety aspects.

Does warm my heart.

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PostSubject: Re: is it legal to :-   is it legal to :- Icon_minitimeMon Aug 31, 2020 4:15 pm

Here in Finland they just change this from June 2020, now have to be vox or some kind of hands free in place wile you are driving.
56CT004

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PostSubject: Re: is it legal to :-   is it legal to :- Icon_minitimeMon Aug 31, 2020 6:01 pm

Slightly off-topic in that it's not UK, but I understand it might be newly illegal to use CB (without VOX) while driving in Germany from 1 July 2020, but there appears to be some hesitation on implementation.

https://trans.info/en/is-it-legal-to-use-cb-radio-in-germany-or-not-we-know-the-decision-of-some-of-the-federal-states-191435

In Switzerland the whole thing is blanket covered by some traffic act clauses that say you must be focused on driving and not distracted by stuff in the vehicle, thereby covering every eventuality, including the mother-in-law.

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PostSubject: Re: is it legal to :-   is it legal to :- Icon_minitimeSun Sep 20, 2020 8:27 pm

As I'm a HGV driver, some of the vehicles I've driven have a rig installed. So what the company have done is installed a PTT button somewhere on the steering wheel and an adjustable boom mic coming out of the side of the headrest so that the driver can still be in control of the vehicle.
If I'm in my own car with the rig switched on and hear some calling me because I've only got a handheld mic, I will not answer straight away but always find a suitable place to stop and park up then answer them.

I know that some rigs have bluetooth but that's only to connect your phone, it's a wonder that they  haven't used the bluetooth capabilities to have made a hands free earpiece to use with the bluetooth capable rig so the driver of a vehicle can be still in control.

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PostSubject: Re: is it legal to :-   is it legal to :- Icon_minitimeMon Sep 21, 2020 12:17 pm

Today i had a buss driver not see me until he over shot the stop, he was on his phone, i got on the bus and he demands my ticket card in a not so very nice way, i tell him to get of the phone then i will show my card, he did not, so i did not show my card, still on the phone he pulls away and was on the phone 5 mins longer, so took some video, sent it to the bus company, we have had few bad bus crash/ bumps in the past in my city, 

Glenn
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PostSubject: Re: is it legal to :-   is it legal to :- Icon_minitimeMon Sep 21, 2020 12:21 pm

Sorry, me again  , i forgot to add the buss company has set up very good Tetra radio for them in the cabs as they try and tell you its, company phone and so on, ok rant over and hope this is ok to put on the forum.
56CT004
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PostSubject: Re: is it legal to :-   is it legal to :- Icon_minitimeTue Sep 22, 2020 5:17 am

glenn dog wrote:
Today i had a buss driver not see me until he over shot the stop, he was on his phone, i got on the bus and he demands my ticket card in a not so very nice way, i tell him to get of the phone then i will show my card, he did not, so i did not show my card, still on the phone he pulls away and was on the phone 5 mins longer, so took some video, sent it to the bus company, we have had few bad bus crash/ bumps in the past in my city, 

Glenn
56CT004
Good for you mate, I’d have done the same! Outrageous behaviour for someone to put so many lives at risk. No excuse for it, oh and well done for winding me right up at 05:17am  lol!

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PostSubject: Re: is it legal to :-   is it legal to :- Icon_minitimeTue Sep 22, 2020 1:02 pm

glenn dog wrote:
Today i had a buss driver not see me until he over shot the stop, he was on his phone, i got on the bus and he demands my ticket card in a not so very nice way, i tell him to get of the phone then i will show my card, he did not, so i did not show my card, still on the phone he pulls away and was on the phone 5 mins longer, so took some video, sent it to the bus company, we have had few bad bus crash/ bumps in the past in my city, 

Glenn
56CT004
I would have done the same thing in your position, Glenn. It is outrageous that a professional driver is using a phone whilst driving.

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PostSubject: Re: is it legal to :-   is it legal to :- Icon_minitimeFri Sep 25, 2020 10:59 am

Majority of service vehicles (bus/coach, HGV, police, ambulance, fire brigade, taxis etc) now have CCTV with sound installed inside and outside the vehicles. So if there is a discrepancy like road rage, accidents, passenger or driver complaints etc., the company and/or authorities can review the CCTV footage.

So if you have a complaint to make, yes take video on your own device but also look for the CCTV cameras which look like little black domes. Make note of the time, date, road name or district and vehicle registration number, sometimes the vehicles may have a company fleet number like (T492D) take note of that as well.

Contact company with above info and they can pinpoint on vehicles CCTV where/when the incident happened and deal with complaint.

If you're wondering why I know this - I have been a taxi, bus/coach, and now a HGV driver.

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PostSubject: Re: is it legal to :-   is it legal to :- Icon_minitimeFri Sep 25, 2020 11:14 am

Good info, our bus - tram -tube have cams on the cab side and public side, could see he had one in his seat area, but thought i should be sure i get some proof,

Still waiting for a reply to the request i made and the incident.
Take care

56CT004
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PostSubject: Re: is it legal to :-   is it legal to :- Icon_minitimeFri Sep 25, 2020 4:38 pm

With bus/coach they have CCTV on the outside at the front x1, rear x1, nearside x2 & offside x2 of the vehicle. Inside they have, drivers cab x1, doors x1 and upto x5 along the length inside.

Ambulance, Fire Engines & HGV's have the same outside as the bus/coach or only have x1 on nearside/offside, and x1 in the cab area

Taxis & Police vehicles will use dash cams that face forward & rearward.

The Ambulance, Fire Brigade, Police officers/operatives/crew will have body cameras as well.
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