Legal Question - Legal to use CB Radio (and talk into it) whilst driving?

19
Found 12th May 2015
So recently been looking into CB Radio and wanted one for Convoy use when travelling about. Now, this means that I would want to use it whilst driving.

Is it legal to use one whilst driving?

According to the ask police, two way radios are exempt but is this what CB is - two way?

Thanks.
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AskRadio
19 Comments
You should be aware whilst its not stated that using a CB radio is illegal while driving. If you are driving poorly or have a crash whilst using the CB radio you will likely be prosecuted for driving with out due care and attention.

Over the years I have had a numerous employees come to my office for advice after getting a "driving without due care and attention", for eating while driving, having an open laptop on the passenger seat. Remaining stationary at traffic lights when they had changed to green while they were fiddling/tuning the radio.
it wouldn't be very useful to you if it wasn't two way
Sure I've seen them using radios on top gear e.c.t when driving around? I still wouldn't do it driving next to a police car but you should be OK and if you are pulled you can always argue you thought it was legal and just apologise and hope they let you drive away with a slap on the wrist.

Comment

groenleader

You should be aware whilst its not stated that using a CB radio is … You should be aware whilst its not stated that using a CB radio is illegal while driving. If you are driving poorly or have a crash whilst using the CB radio you will likely be prosecuted for driving with out due care and attention.Over the years I have had a numerous employees come to my office for advice after getting a "driving without due care and attention", for eating while driving, having an open laptop on the passenger seat. Remaining stationary at traffic lights when they had changed to green while they were fiddling/tuning the radio.



So what you're saying is that although not illegal and an offence to use the CB, I could be seen under driving without due care and attention if i were to be driving dangerously.

aau1

it wouldn't be very useful to you if it wasn't two way



Am I right in thinking that it is classed as two way then?
Good question as I've seen taxi drivers driving and using their call units (hand held mic) many times.

Comment

stuarthanley

http://m.askthe.police.uk/content/Q659.htm?viewsinglecontentelementid=28772



That is the website I was referring to in the post but it doesn't specifically say CB Radio, just Two Way.
Its in the question so their answer must wholly address the CB/two way issue.
They'd look a bit foolish trying to defend their answer in court when the question specifically refers to it.
"Ofcom states that you should be transmitting CB in the 27MHz range, if you are, you come within the exception and are OK"
Edited by: "SJHan" 12th May 2015

Comment

groenleader

You should be aware whilst its not stated that using a CB radio is … You should be aware whilst its not stated that using a CB radio is illegal while driving. If you are driving poorly or have a crash whilst using the CB radio you will likely be prosecuted for driving with out due care and attention.Over the years I have had a numerous employees come to my office for advice after getting a "driving without due care and attention", for eating while driving, having an open laptop on the passenger seat. Remaining stationary at traffic lights when they had changed to green while they were fiddling/tuning the radio.



Exactly this. Whether it's legal or not, if using something affects your driving, you are guilty of driving without due care / attention.
Using a CB, programming a sat nav or eating a mars bar.
Whether it's an absolute offence or not is another matter, probably very murky.
As ktm666 stated - it's very murky but it's not illegal to use whilst driving unlike holding a mobile phone.

My own personal thoughts are - even using a hands free device to make a call is just as dangerous as using a mobile phone as it's not the holding part but the concentration needed whilst in the call << distraction but hey I'm not the lawmaker.

I would assume that someone with a bit of electronics/technical know-how could turn the mic into a push button on the steering wheel or even make it handsfree.

Breaker breaker 10-4 good buddy
philphil61

As ktm666 stated - it's very murky but it's not illegal to use whilst … As ktm666 stated - it's very murky but it's not illegal to use whilst driving unlike holding a mobile phone.My own personal thoughts are - even using a hands free device to make a call is just as dangerous as using a mobile phone as it's not the holding part but the concentration needed whilst in the call << distraction but hey I'm not the lawmaker.I would assume that someone with a bit of electronics/technical know-how could turn the mic into a push button on the steering wheel or even make it handsfree.Breaker breaker 10-4 good buddy



One way I suppose would be to strap it to the steering wheel with some tape?
M0nk3h

One way I suppose would be to strap it to the steering wheel with some … One way I suppose would be to strap it to the steering wheel with some tape?



A bit more cumbersome doing that as it would spin with the steering wheel and therefore make pressing the mic trigger more awkward
Ah, great memories when I think of my cb days. Had an 120 channel with silver rod 22 feet on my roof. Got very little sleep as was always on the thing. Eyeballing, burning rubber (tyres guys not condoms) and getting all excited when I found folks thousands of miles away using the early morning skip
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.
I always thought it was illegal to use a 2 way radio whilst driving, which I would have to assume covers cb radio. Then when mobile phones became popular they weren't included under this, so a separate law banning the use of them whilst driving was passed. I used to love the good old cb days :-P
lianne21

Ah, great memories when I think of my cb days. Had an 120 channel with … Ah, great memories when I think of my cb days. Had an 120 channel with silver rod 22 feet on my roof. Got very little sleep as was always on the thing. Eyeballing, burning rubber (tyres guys not condoms) and getting all excited when I found folks thousands of miles away using the early morning skip



Made my own quadpole (bt telephone wire) antenna to sit in my loft after being told by the council to remove my military antenna mast. With that quadpole and CB and on a hot summers day (not a cloud in the sky) I got chatting (almost audible) with an Aussie from down under

I also had an AM radio but didn't use it much due to being illegal and interfering with tv's and stuff but never switched to 934's

And no - I'm not going to tell my CB handle

Edited by: "philphil61" 12th May 2015
Python

I always thought it was illegal to use a 2 way radio whilst driving, … I always thought it was illegal to use a 2 way radio whilst driving, which I would have to assume covers cb radio. Then when mobile phones became popular they weren't included under this, so a separate law banning the use of them whilst driving was passed. I used to love the good old cb days :-P



Nope, CB/2-way is and was legal to use. The primary reason for the exemption is one of practicality. Truck drivers used 2-way for communication, taxi drivers rely on them and so do the police.

Because there would be an uproar if taxi companies suddenly couldn't use 2-way, that was a big consideration. But the larger consideration is that of police use. It would have gone done like a stone if a law was enacted that made 2-way use illegal but turned a blind eye to police using them.

Whilst the emergency services get a little bit of leeway (driving through amber or red lights, using bus lanes etc), it would have caused too much unrest if 2-way was banned along with phones.
19, 19 a copy
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