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CB Usage?.....................

 
 
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CarpeDiem
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Joined: 11 Mar 2007
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PostPosted: Mon Apr 16, 2007 6:22 pm    Post subject: CB Usage?..................... Reply with quote

Hello,

Am I right in thinking you don't need a licence anymore to use a CB radio?

And, did anyone else hear about that guy who's got off again, for the 6th time, for using a mobile while driving, throw out of court. Because, there's a loophole in the law, that states, that if your a licenced CB user/amateur radio ham, your exempt? Or have I got that wrong?

All help gratefully received,
Best regards,
Mark

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PostPosted: Mon Apr 16, 2007 6:44 pm    Post subject: Reply with quote

Hi Mark

You are right in thinking that you don't need a licence for CB radio any more.

As for the guy getting off of using a mobile whilst driving..no way.
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PostPosted: Tue Apr 17, 2007 10:05 am    Post subject: Reply with quote

Quote:
that if your a licenced CB user/amateur radio ham, your exempt? Or have I got that wrong?


You've got it wrong


Quote:
New legislation to increase the penalty for using a hand-held phone whilst driving will come into force on 27 February 2007. The current fine of £30 will increase to £60 and three penalty points on your licence. Penalty points can mean higher insurance costs. If you get six points within two years of passing your test, your licence will be revoked and you will need to re-sit the test. If the case goes to court, you could risk a maximum fine of £1,000, which rises to £2,500 for the driver of a bus, coach, or heavy goods vehicle.

A driver can also be prosecuted for using a hands-free device if you are not in proper control of your vehicle when using the device. The penalties are the same - £60 fine and three points on your licence.

If you are an employer you can be prosecuted if you require employees to make or receive mobile calls while driving. It is an offence to cause or permit the use of a hand-held mobile phone when driving. It is also an offence to cause or permit a driver not to have proper control of a vehicle.



Quote:
Are there any exceptions?

A driver may call 999 or 112 in response to a genuine emergency.
Two-way radios are not covered by this offence but other devices for sending or receiving data are included if they are held while driving, i.e a PDA, Blackberry or similar device.


The full legislation is

Quote:
2003 No. 2695

ROAD TRAFFIC

The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003

Made 20th October 2003
Laid before Parliament 27th October 2003
Coming into force 1st December 2003

The Secretary of State in exercise of the powers conferred on him by section 41(1) and (5) of the Road Traffic Act 1988[1], and after consultation with representative organisations in accordance with section 195(2) of that Act, hereby makes the following Regulations:

Citation, commencement and interpretation
1. These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003 and shall come into force on 1st December 2003.

Amendment of the Road Vehicles (Construction and Use) Regulations 1986
2. The Road Vehicles (Construction and Use) Regulations 1986[2] are amended by inserting after regulation 109 -

" Mobile telephones
110. - (1) No person shall drive a motor vehicle on a road if he is using -

(a) a hand-held mobile telephone; or

(b) a hand-held device of a kind specified in paragraph (4).

(2) No person shall cause or permit any other person to drive a motor vehicle on a road while that other person is using -

(a) a hand-held mobile telephone; or

(b) a hand-held device of a kind specified in paragraph (4).

(3) No person shall supervise a holder of a provisional licence if the person supervising is using -

(a) a hand-held mobile telephone; or

(b) a hand-held device of a kind specified in paragraph (4),

at a time when the provisional licence holder is driving a motor vehicle on a road.

(4) A device referred to in paragraphs (1)(b), (2)(b) and (3)(b) is a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data.

(5) A person does not contravene a provision of this regulation if, at the time of the alleged contravention -

(a) he is using the telephone or other device to call the police, fire, ambulance or other emergency service on 112 or 999;

(b) he is acting in response to a genuine emergency; and

(c) it is unsafe or impracticable for him to cease driving in order to make the call (or, in the case of an alleged contravention of paragraph (3)(b), for the provisional licence holder to cease driving while the call was being made).

(6) For the purposes of this regulation -

(a) a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function;

(b) a person supervises the holder of a provisional licence if he does so pursuant to a condition imposed on that licence holder prescribed under section 97(3)(a) of the Road Traffic Act 1988 (grant of provisional licence);

(c) "interactive communication function" includes the following:

(i) sending or receiving oral or written messages;

(ii) sending or receiving facsimile documents;

(iii) sending or receiving still or moving images; and

(iv) providing access to the internet;

(d) "two-way radio" means any wireless telegraphy apparatus which is designed or adapted -

(i) for the purpose of transmitting and receiving spoken messages; and

(ii) to operate 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; and

(e) "wireless telegraphy" has the same meaning as in section 19(1) of the Wireless Telegraphy Act 1949[3]."



Signed by authority of the Secretary of State


David Jamieson
Parliamentary Under Secretary of State Department for Transport

20th October 2003

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CarpeDiem
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Joined: 11 Mar 2007
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PostPosted: Tue Apr 17, 2007 5:00 pm    Post subject: Reply with quote

Hi,

Thank you both for your replies.

I been spending too long searching for that story, it was only a few weeks ago, "man cleared by the courts of using mobile phone while driving for a 6th time, because he's a licenced CB/radio ham user" must of heard it wrong.

Going deaf in my old age, thanks again,
Best regards,
Mark

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Just Sam
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PostPosted: Fri May 04, 2007 9:08 am    Post subject: Reply with quote

You're not going deaf, it was on Radio 2

When the new Mobile Phone legislation came in the other month, Vine did a feature on it, and there was a caller who said he had just been to court for the 7th time for using a mobile whilst driving - and got off for the 7th time because he's a licensed radio amateur.

So you no longer need a CB license?

Sam
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Terranosaurus
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PostPosted: Fri May 04, 2007 9:34 am    Post subject: Reply with quote

rallymadsam wrote:


So you no longer need a CB license?



No, license is no longer needed, was probably costing more to administer than was coming in from the few people who bothered. Leaves them free to try to catch people using illegal (sideband etc) rigs too.

Take it your the same rallymadsam as on BRF?
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Just Sam
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1989 Peugeot 205

PostPosted: Fri May 04, 2007 10:33 am    Post subject: Reply with quote

The very same one, although I'm now banned from using that username on there anymore - do you use it much?
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CarpeDiem
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Joined: 11 Mar 2007
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PostPosted: Fri May 04, 2007 2:57 pm    Post subject: Reply with quote

Hi rallymadsam,

Many thanks, excellent news!

So, please excuse my ignorance, but what's the difference between a "licensed radio amateur" and a CB user? Are these totally different types of users?

Thanks again, best regards, mark

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mrcheese
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Joined: 14 Oct 2003
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PostPosted: Fri May 04, 2007 3:17 pm    Post subject: Reply with quote

For more information on Amateur Radio this is a good place to start.

http://www.rsgb.org

You still need an Amateur license, but now it is for life and does not need to be renewed each year.

CB is only on 27MHz and generally is quite short range. Power is legally only 4W. FM only. Ham radio has many different bands from long wave to microwave. In the U.K we can use up to 450W and all transmission modes (AM, FM, SSB, Data and TV). By selecting the right band at the right time contact all over Europe is easy and most of the world is possible if you are patient. My best ever contact was Antarctica using 100W and a simple wire antenna about 100' long.

Paul G0VKT
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CarpeDiem
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PostPosted: Fri May 04, 2007 4:33 pm    Post subject: Reply with quote

Shocked

Awesome! Thank you again, best regards, Mark

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welshgreenlaner
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PostPosted: Sun May 06, 2007 2:37 pm    Post subject: Reply with quote

You no longer needed a CB licence from dec 2006, but most of the old wavelenghts will be phased out i think by 2009 from that date being told illegal to use old rigs

few people were still been procusuted for not having one, it was free to those under 21 but still needed one. Most were caught on road side checks
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welshgreenlaner
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PostPosted: Sun May 06, 2007 2:41 pm    Post subject: Reply with quote

Just read it again don't know about the section 3 bit thanks will be doing a lot of instructing in the next few years.
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