Is it legal to use a CB (etc) whilst driving?

[ghost123uk]

Following on from the "Is it legal to have a VHF in a car" ( ) thread.

Is it legal to use a CB (etc) set whilst driving?

[mercury888]

Unless the law changed again it is still legal to use 2-way radio whilst driving, but regardless of if you are holding a mike or a banana you can still be done for driving without due care and attention if your driving is naff as a result. So fiddling with the CB (or indeed the car radio or satnag) and swerving across the road is not going to go down well.

[ghost123uk]

Thanks for that I thought that was the case. It's nice of "them" to not put a law in place to prevent using 2 way radios when driving

Of course, it goes without saying (which is why I didn't say it) that one has to pay attention to ones driving as a foremost consideration.

[Tim]

The fact of this and other related matters being discussed here is that the Law is the Law and ANY device that requires you to use your hands to operate it whilst driving a vehicle is ILLEGAL end of.

[paulears]

They're not being generous - The Police and Emergency services have to use radios while driving, so if they need to, the law was written to allow it.

[ghost123uk]

..................ANY device that requires you to use your hands to operate it whilst driving a vehicle is ILLEGAL end of.

Ah, but where is the line drawn, the car stereo? the rear view mirror? the heater controls? the window winders? the gear lever?

[NUBSTER]

..................ANY device that requires you to use your hands to operate it whilst driving a vehicle is ILLEGAL end of.

Ah, but where is the line drawn, the car stereo? the rear view mirror? the heater controls? the window winders? the gear lever?

Also that means the Police then are also doing something illigal then when they use there radios too , and please don't come back with the answer they have had special training because not all Police have special driver training.

[Tim]

Ghost, read it again, any HAND HELD device, these are defined by 'anything that causes you not to have full control of the vehicle and causes undue distraction, this also includes food and drink.

Nubster, have you ever seen a Police driver using his radio whilst driving?, no, it's the one in the passenger seat that does that, even the Police are not above the Law.

[owza]

http://www.essexham.co.uk/amateur-radio-whilst-driving

[paulears]

Tim - not every Police vehicle is double crewed, and if you want proof - watch the plentiful police documentaries where the film crew are in the car and the driver is speaking.

Legislation exists to prevent mobile telephones being used while driving - a two way radio is NOT a mobile phone and is not covered by these regulations.

As for

ANY device that requires you to use your hands to operate it whilst driving a vehicle is ILLEGAL end of.

This is clearly rubbish. The legislation provides for driving without due care and consideration, and of course dangerous driving. As every car nowadays is full of gizmos - sat nags being prime examples, there is no law that says you cannot use it. Turning on your fog lights (and finding the switch in many cars) would be illegal. Reseting the odometer when you've filled up with petrol, taxi drivers changing the rates on their meters, and turning the for hire sign on and off would be illegal. Changing the station on your radio, same thing. Bus drivers can use their radios, and coach operators talk to the passengers.

The legislation is proven, and explained on many police web sites.

[NUBSTER]

Actually Tim YES I have seen a Police driving and using his radio in fact he was using the one that is hooked to his shoulder clip so basically he had one hand on the radio one on the wheel of his Transit Van he was driving TBH I have seen this many times as I drive around London for a living

[WeatherWatcher]

Answer copied from Bedfordshire Pokice website, so we are Ok.
Q. What does the law say about hand-held phones?

The use of a hand-held phone or similar hand-held device whilst driving is prohibited. A hand-held device is something that 'is or must be held at some point during the course of making or receiving a call or performing any other interactive communication function'. A device is 'similar' to a mobile phone if it performs an interactive communication function by transmitting and receiving data.

Examples of interactive communication functions are sending and receiving spoken or written messages, sending or receiving still or moving images and providing access to the internet. Two-way radios are subject to special treatment under the regulations.

See below regarding two-way radios for further information.

Q. Is hands-free phone equipment allowed?

Provided that a phone can be operated without holding it then hands-free equipment is not prohibited by the new regulation. And pushing buttons on a phone while it is in a cradle or on the steering wheel or handlebars of a motorbike for example is not covered by the new offence, provided you don't hold the phone. However, hands-free phones are also distracting and you still risk prosecution for failing to have proper control of a vehicle under Regulation 104 of the Road Vehicles (Construction and Use) Regulations 1986 - if you use a hands-free phone when driving. If there is an incident the use of any phone or similar device might justify charges of careless or dangerous driving.

Q. What about texting/internet access/video phones?

The use of a mobile phone or similar device for any of these activities while driving is also prohibited if the phone (or other device) has to be held in order to operate it.

Q. Are drivers still able to use navigation equipment, personal digital assistants (PDAs) or other computer equipment that sends or receives data (which would include GPS transmissions)?

Yes - providing that it is not a hand-held device. Use of devices other than mobile phones is only prohibited if the device performs an interactive communication function by sending and receiving data. If the device does not perform this type of function you can use the device without breaching the regulations. But remember the warning in the Highway Code (Rule 128) that using in-vehicle systems can be distracting. You must exercise proper control of your vehicle at all times.

Q. Why has the Government banned the use of hands-free mobile phones while driving?

Using any type of phone while driving is distracting. Drivers should remember that the police can still use existing legislation (for failure to have proper control) if a driver is distracted by a call on a hands-free phone. If there is an incident and the driver is using any phone (hand-held or hands-free) or similar device, then there is a risk of prosecution for careless or dangerous driving.

Q. Do mobile phones have to be switched off in vehicles?

No. Passengers may want to use them. And drivers can use them when they are safely parked.

Q. What if the phone rings when I'm driving?

Let it ring and return the call when safely parked. Better to switch to voicemail before starting.

Q. Who does the law apply to?

The law applies to the drivers of all motor vehicles on the road including cars, motorcycles, goods vehicles, buses, coaches and taxis. They also apply to anyone supervising a learner driver while the learner driver is driving. Anyone supervising a learner driver needs to be concentrating on what the driver is doing and should not be using a mobile phone.

Q. Do the mobile phone laws apply to cyclists?

No. However, the police have powers to deal with careless or dangerous cycling.

Q. Can I use a hand-held mobile phone when stopped in a traffic jam?

The prohibition applies when driving. Driving includes times when stopped at traffic lights or during other hold-ups that may occur during a typical journey when a vehicle can be expected to move off after a short while. In exceptional traffic jams, such as a lengthy stoppage on a motorway, it would be clear that someone wasn't driving if the engine was off.

Q. Are there any exemptions?

Yes. There is an exemption for calls to 999 or 112 in genuine emergencies where it is unsafe or impractical to stop. There is also an exemption for the use of two-way radios see below.

Q. Am I able to cradle a phone between my ear and shoulder?

No. The offence applies if a phone has to be 'held' while making or receiving a call. Therefore you should not hold a phone between your ear and shoulder - or anywhere else - when driving.

Q. Are employers guilty of an offence if their employees use a hand-held phone while driving?

The law applies to 'anyone who causes or permits any other person' to use a hand-held mobile phone while driving. Employers are not liable just because they supplied a telephone or because they phoned an employee who was driving. However, employers would probably be liable if they required their employees to use a hand-held phone while driving and might also be liable if they failed to forbid employees to use such phones on company business.

Q. Are two-way radios included in the offence?

The use of two-way radio equipment when driving is not included in the offence but remember there is still a risk of distraction and prosecution under other powers.

Q. Is the offence endorsable?

The Road Safety Act 2006 has made using a hand-held mobile phone whilst driving an endorsable offence, effective from 27 February 2007. The offence is subject to a £100 fixed penalty and three penalty points. If the police or the driver chooses to take a case to court rather than use a fixed penalty notice, the maximum fine is £1,000 (£2,500 for drivers of vans, lorries, buses and coaches.)

Remember, in some circumstances, for example if there has been a collision, a prosecution for careless or dangerous driving may be justified if a phone was in use at the time of the crash. The penalties for conviction for such offences include heavy fines, endorsement, disqualification and, in serious cases, imprisonment.

[paulears]

Yep - most forces have a very similar public and published policy.

[Tim]

I think that anyone can bang on about what is and what isn't legal to use whilst driving and interpret it however you like but at the end of the day if you are stopped by plod for anything in your hand whilst driving then it is he who will decide at his discretion what action may be taken against you, what the driver has to consider and be fully aware of is weather in using such devices you are in full control of the vehicle and driving with due care and attention.

[paulears]

With due respect, we're not banging on about anything - just answering the question correctly and accurately. Again, you are in error about the consequences, because whilst you might even get arrested if you are stupid, once the alleged offence has been investigated, you could only be accused of driving without due care and attention, or other - non-radio related offences. We agree for goodness sake! We disagreed on the statement that ANYTHING hand held is illegal - because it simply isn't. This isn't even a new thing - the legislation is very old now. Just remember the Police themselves make it very, very clear that 2-way radios are NOT mobile phones. This is the real decider. Taxi drivers breathed a sigh of relief when the legislation was introduced, along with all other business radio users - and there are huge numbers of them, plus CB and Ham radio users.