scotty g
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| posted on 17/3/09 at 05:04 PM |
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Legal question, using a CB while driving.
Hi all, a mate of mine was talking about getting a CB onto his car just like the good old days but we got to wandering about the legal side of it, if
we can't use a mobile anymore then can we holda CB mike and keyup to talk to other CB users?
The rozzers seem to have no problems using their walkie talkies while tear arsing around chasing scroats in stolen Metro's! also all the
truckers i see going up and down the M20 chatting to each other don't get pulled over.
Any help on this one before he goes and thinks himself up a crappy handle!
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UncleFista
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| posted on 17/3/09 at 05:09 PM |
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To be prosecuted for using a mobile whilst driving, you have to be using a piece of communication euipment which is duplex and using one of the
recognised mobile "bands".
CB radios and the like aren't specifically exempt, they're just not covered. Although depending on how you drive you're always open
to a charge of dangerous driving 
Tony Bond / UncleFista
Love is like a snowmobile, speeding across the frozen tundra.
Which suddenly flips, pinning you underneath.
At night the ice-weasels come...
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off-road-ham
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| posted on 17/3/09 at 05:23 PM |
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quote:
Originally posted by UncleFista
To be prosecuted for using a mobile whilst driving, you have to be using a piece of communication euipment which is duplex and using one of the
recognised mobile "bands".
CB radios and the like aren't specifically exempt, they're just not covered. Although depending on how you drive you're always open
to a charge of dangerous driving
Hi, I think you will find that all radio transmitting equipment is covered under the wireless telegrapht act.
What has happened is that there is an excemption for radio equipment that is not capable of full duples transmitions.
So CB radios are very unlikly to be able to do that so are exempt, where as some Ham radios are execmpt others are not. The band its self does not
matter.
Tony
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UncleFista
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| posted on 17/3/09 at 05:25 PM |
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I stand corrected
Tony Bond / UncleFista
Love is like a snowmobile, speeding across the frozen tundra.
Which suddenly flips, pinning you underneath.
At night the ice-weasels come...
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stevec
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| posted on 17/3/09 at 06:02 PM |
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Just to clarify then cos I'm fick, can you use a CB whilst driving?
Steve.
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David Jenkins
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| posted on 17/3/09 at 06:08 PM |
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I'd guess that you'd leave yourself wide open to a charge of "driving without due care and attention".
After all, a woman was charged with this for eating a banana while driving, plus a few other cases where people have been done for "doing
something else while you're supposed to be driving".
[Edited on 17/3/09 by David Jenkins]
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off-road-ham
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| posted on 17/3/09 at 07:32 PM |
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Hi, It is not illigal to use a cb hand mike whilst driving (an avarage cb , not something special that can transmit and receive at the same time).
The case of eating or drinking whilst driving I think has been made illigal.
If you were to be stopped by the police for using a hand mike you could politly ask them to quote the act that bans the use of hand held mobile phones
and point out that one way radio's are exempt.
I will try and dig out the revelent act numbers.
Tony
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irvined
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| posted on 17/3/09 at 08:56 PM |
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IANAL, but had this discussion a while ago. The consensus was: you can use a CB whilst driving, however the law that used to apply to using a mobile
phone whilst driving still applies.
So whilst using a CB isnt explicitly illegal, you can still be done for driving without due care and attention. In the same way that you would if you
are weaving all over the road whilst trying to open a packet of crisps without spilling your fanta and dropping ash on your seat.
http://irvined.blogspot.com
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