Is the use of CB radio legal

Submitted: Wednesday, Sep 04, 2013 at 16:20
ThreadID: 104181 Views:6466 Replies:15 FollowUps:22
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I do not want to start a big bun fight but why do they allow the use of two radio but ban mobil phones or is the use of cb radio also covered under the mobile phone law.

It seems to me that both are the same thing and today I was in town (broken Hill) and two guys were driving along having a bit of a fight over the radio.

so they were not concentrating on the road at that time

so what is the legal position on cb radio use?
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Reply By: garrycol - Wednesday, Sep 04, 2013 at 16:27

Wednesday, Sep 04, 2013 at 16:27
You logic is sound - but under the law the use of a UHF CB when driving is totally legal - though it is still up to the user to determine if it is safe to do in the driving environment your are in.
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Follow Up By: Michael ( Moss Vale NSW) - Wednesday, Sep 04, 2013 at 16:33

Wednesday, Sep 04, 2013 at 16:33
That's right Garry! It not like you have your ear to the microphone ! The biggest distraction with a mobile phone is holding it to your ear! Regards ,Michael
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Follow Up By: fisho64 - Wednesday, Sep 04, 2013 at 22:34

Wednesday, Sep 04, 2013 at 22:34
rubbish, its dialing numbers, texting and looking at the screen.
if holding your hand by your ear was so bad the same would apply to eating a banana or sucking on a cancer stick
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Follow Up By: gbc - Thursday, Sep 05, 2013 at 11:12

Thursday, Sep 05, 2013 at 11:12
Phone, 2way, kids in the back seat - all the same. It's the thinking about other things that kills people.
Advanced driver ed has an exercise in emergency braking which most people can achieve with total concentration. You the repeat the exercise, total concentration, two hands on the wheel and expecting the emergency brake, however you have to be counting aloud backwards from 100. The resulting carnage has to be seen to be believed.
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Follow Up By: Michael ( Moss Vale NSW) - Thursday, Sep 05, 2013 at 19:23

Thursday, Sep 05, 2013 at 19:23
Fisho64 I can tell you first hand that holding the phone near you ear and lack of attention leads to accidents ! First hand! It's totally up to you what you believe! It's been a long time since I've stuck a banana in my ear whilst driving and yes smoking should be banned while driving! That is a major distraction! Good point! Michael
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Follow Up By: fisho64 - Friday, Sep 06, 2013 at 02:35

Friday, Sep 06, 2013 at 02:35
so do you talk to your passenger or look out the window as your driving? Who navigates thru the suburbs for you? Listen to the wireless? all these distractions, goodness me!
Most people can prioritize their concentration and while such things above may distract, they also serve to keep your mind active and alleviate boredom.
First hand? Just because youve had an accident thru lack of attention or playing with bananas, doesnt mean its everyones failing cobber.
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Follow Up By: Bazooka - Friday, Sep 06, 2013 at 20:37

Friday, Sep 06, 2013 at 20:37
It's often very easy to tell in advance when a driver's on the phone Fisho. The ones I see aren't dialling, texting or looking at their phones but they are very distracted. Vehicle travelling slowly, drifting in and across lanes, not indicating are all pointers. I reckon I see 4 or 5 a week still, despite the new laws.
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Reply By: Member - PJR (NSW) - Wednesday, Sep 04, 2013 at 16:35

Wednesday, Sep 04, 2013 at 16:35
The main issue with mobile phones is the lack of attention to the road. You see tham texting with the phone on the lap and them looking down to compose the message. Thats not good. What about dialing - looking away again. Thats not good. With a two way radio you just press the button and talk.

You can even have a prang with two people in the same car arguing so I think that one is a bit of a red herring.

I do not know if it it legal or not to actually use a two way radio when driving. In days gone by I had a headset with VOX so it was all hands free for the radio. I am not a real user and leave my mobile phone where it belongs. Flat battery and in the bedside table.

Phil
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Reply By: Motherhen - Wednesday, Sep 04, 2013 at 16:40

Wednesday, Sep 04, 2013 at 16:40
Using UHF as a driving aid is quite legal. The distraction factor is very different with concentrating on a phone conversation.

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Reply By: Ron N - Wednesday, Sep 04, 2013 at 16:48

Wednesday, Sep 04, 2013 at 16:48
I haven't looked up the relevant NSW legislation - but in W.A., use of a CB radio is expressly excluded from the mobile phone use laws and penalties.

From the W.A. Road Traffic Act, 2000, as amended ...

(REGULATION) "265. Use of mobile phones
(1) In this regulation -
body, in relation to a mobile phone, means the part of the phone that contains the majority of the phone’s mechanisms;
held includes held by, or resting on, any part of the driver’s body, but does not include held in a pocket of the driver’s clothing or in a pouch worn by the driver;
mobile phone does not include a CB radio or any other two-way radio;
use, in relation to a mobile phone, includes any of the following actions by the driver of a vehicle -
(a) hold the phone;
(b) enter or place anything into the phone, or send or look at anything that is in the phone;
(c) turn the phone on or off;
(d) operate any other function of the phone.
(2) A driver of a vehicle must not use a mobile phone while the vehicle is moving, or is stationary but not parked, unless -
(a) the phone is being used to make or receive a phone call, other than a text message, video message, email or similar communication, and the body of the phone -
(i) is secured in a mounting affixed to the vehicle while being so used; or
(ii) is not secured in a mounting affixed to the vehicle and is not being held by the driver, and the use of the phone does not require the driver, at any time while using it, to press any thing on the body of the phone or otherwise to manipulate any part of the body of the phone;
or
(b) the visual display of the phone is being used as a driver’s aid in accordance with regulation 264 and the use of the phone does not require the driver, at any time while using it, to press any thing on the body of the phone or otherwise to manipulate any part of the body of the phone.
Points: 3 Modified penalty: 5 PU ( $250)
(3) For the purposes of this regulation, a driver does not use a mobile phone if -
(a) a text message, video message, email or similar communication is received automatically by the phone; and
(b) on and after the receipt, the communication itself, rather than any indication that the communication has been received, does not become automatically visible on the screen of the phone.
[Regulation 265 inserted in Gazette 19 Nov. 2010 p. 57567.]"
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Reply By: olcoolone - Wednesday, Sep 04, 2013 at 17:17

Wednesday, Sep 04, 2013 at 17:17
There are a number of acts of law that you can get done by for using a CB Radio, much the same as if you are eating whilst driving....... if it's proven using a CB or eating infringed on your driving ability you could still be prosecuted.

The thing is here in Australia there is 90,000 more mobile phones in use in Australia then we have in population...... I would say the number of people with CB radios and other types of two way radios would be much much less.

The law for mobile phones is not to do with using a mobile phone..... it is to do with touching or holding a mobile phone whilst driving, there is nothing in the act to say you have to be using it.

AnswerID: 517630

Reply By: Rockape - Wednesday, Sep 04, 2013 at 17:45

Wednesday, Sep 04, 2013 at 17:45
Allein,
CB radios have been around for many, many years and data has been gathered that says they are low risk. Many think they are a chat show or a forum to vent ones retarded life on. The truth is they are a valuable tool for safety warnings, once you get away from the retards that have them.

You all have seen what people on mobiles do. Scary.

AnswerID: 517633

Reply By: Bazooka - Wednesday, Sep 04, 2013 at 21:10

Wednesday, Sep 04, 2013 at 21:10
I read somewhere (here?) that authorities were considering the CB/UHF issue. Unlikely to get much traction unless there is compelling evidence against them. The tests I've seen suggest the problem with mobile phones relates not just to the obviously dangerous practice of texting but simply the mental distraction leading to a loss of concentration - even basic steering became problematic. Hands-free helped but didn't eliminate the problem.
AnswerID: 517648

Reply By: Kenell - Wednesday, Sep 04, 2013 at 21:26

Wednesday, Sep 04, 2013 at 21:26
Sorry to spoil the party but under the most recent changes to the legislation using a UHF radio in Vic if your hands have to leave the wheel to operate it is illegal. Some of the newer ones have the blue tooth on the steering wheel option to overcome this issue. Probably fairly safe on the tracks but keep your eyes open on the road if you are using one.
AnswerID: 517651

Follow Up By: Neil & Pauline - Wednesday, Sep 04, 2013 at 21:51

Wednesday, Sep 04, 2013 at 21:51
Can't text on a UHF probably the difference.

Neil
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Follow Up By: The Bantam - Wednesday, Sep 04, 2013 at 22:24

Wednesday, Sep 04, 2013 at 22:24
The use of two way radios using hand held microphones is a very interesting one.

A great many road users including the police depend on the use of two way radio and have done for a very long time.

I'd be very interested to see said Vic legeslation.

After all we have to take out hand off the wheel to oppertate a great many controls in a vehicle..are then then going to make it illegal to alter the heater controls or adjust the volume on the stereo.

If legeslation exists I'd be very interested to see hoe long it stands

In most states the use of two way radio whilst driving is perfectly legal.

cheers
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Follow Up By: Kenell - Wednesday, Sep 04, 2013 at 22:35

Wednesday, Sep 04, 2013 at 22:35
It's the communication aspect combined with the hand off the wheel when operating radios, phones etc that the law seeks to address. You can't even touch them in Vic let alone operate them. In most states Police are exempt as I understand it. They can use phones and radios. The rubbish that comes across the airwaves in Melb makes them nearly useless until you get out a bit.
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Follow Up By: Rockape - Thursday, Sep 05, 2013 at 06:04

Thursday, Sep 05, 2013 at 06:04
Kenell,
could you post that vicroads rule, as I have never heard of it.

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Follow Up By: Robin Miller - Thursday, Sep 05, 2013 at 08:16

Thursday, Sep 05, 2013 at 08:16
Rule 300 in Vic specifically excludes CB radio from the no use no touch rule , similar to WA - suspect everywhere as many new rules effectivily are Aussie wide.



---------------------------------------------------------------------------
mobile phone does not include a CB radio or any other two way radio;
use, in relation to a mobile phone,
Robin Miller

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Follow Up By: Rockape - Thursday, Sep 05, 2013 at 08:27

Thursday, Sep 05, 2013 at 08:27
Robin,
thanks. I believe all states exclude cb radios from the mobile rules.

This is from the Qld road rules.

Quote "You may use a hands-free mobile phone, CB radio or any other two-way radio when driving. However, you must drive with extreme care and attention and not allow yourself to be distracted."
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Follow Up By: Nomadic Navara - Thursday, Sep 05, 2013 at 18:27

Thursday, Sep 05, 2013 at 18:27
I don't know about state legislation excluding mobile radios from mobile phone clauses in motor traffic legislations. The way the Australian Road Rules are specific about mobile phones, mobile radios are simply not included. At least that's the way it works in NSW.
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Follow Up By: Rockape - Thursday, Sep 05, 2013 at 19:12

Thursday, Sep 05, 2013 at 19:12
Peter,
you are correct. It is just people keep lumping them in with mobiles.

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Reply By: Member - LG__ (WA) - Thursday, Sep 05, 2013 at 04:51

Thursday, Sep 05, 2013 at 04:51
AFAIK...
Somewhere in the Australian Road Rules definitions it states that a CB or Two-way is not covered by the 'mobile phone' law, and therefore it is not illegal to use them. However - anything that causes you to drive in an unsafe (dangerous) manner can get you in trouble (fined), whether it be using a walkie-talkie or eating crisps while driving :)

An interesting read and links to relevant legislation can be found here
Whirlpool Forum - discussing this very subject
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Reply By: Lyn W3 - Thursday, Sep 05, 2013 at 06:14

Thursday, Sep 05, 2013 at 06:14
What happens you use your mobile phone as a navigator, are you allowed then to touch the screen? Or your GPS has Blue Tooth phone capabilities.

In the USA the Nextel mobile service has a "Nextel Connect" service where your mobile phone works as a walkie talkie, there it was determined by the "authorities" that you could use your phone as a walkie Talkie but not as a phone when driving.
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Follow Up By: garrycol - Thursday, Sep 05, 2013 at 11:02

Thursday, Sep 05, 2013 at 11:02
No - it is a mobile phone so if using as a music player or a GPS then you are still classed as using a mobile phone.
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Reply By: WayneD - Thursday, Sep 05, 2013 at 07:35

Thursday, Sep 05, 2013 at 07:35
Im living in Virginia USA at the moment and it is legal to use your mobile phone for conversations, but not texting. Let me tell you, you can still tell when someone is on the phone and driving. I would love to see it banned over here too. So many options for hands free now. I would hate to see CB banned as it can be a great aid in safety, especially on outback roads. I miss outback roads!!!
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Reply By: Member - Tony H (touring oz) - Thursday, Sep 05, 2013 at 08:45

Thursday, Sep 05, 2013 at 08:45
While ever emergency services (police, ambo's, fire etc) have hand held communication (excluding mobile phones) devices.... the use of similar devices used by the general public (CB, UHF, HF) cannot be classed as illegal.
There are still NSW government vehicles running around wuith HF aerials mounted on the front of vehicles...thats why I believe if that NSW police turn a 'blind eye' to it.
Insanity doesnt run in my family.... it gallops!

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Follow Up By: olcoolone - Thursday, Sep 05, 2013 at 14:26

Thursday, Sep 05, 2013 at 14:26
You forgot that thing called exemption, many government activities that we are not allowed to do are exempted....... according to some the government employees have higher skill levels that us plebs and are highly qualified to and have passed the appropriate training to allow them to do it.
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Follow Up By: Bazooka - Friday, Sep 06, 2013 at 20:27

Friday, Sep 06, 2013 at 20:27
Yes exemptions apply in the line of duty for obvious reasons. Workers will be covered by rules regarding appropriate/safe use as Olcoolone suggests.
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Follow Up By: Hairy (NT) - Saturday, Sep 07, 2013 at 11:23

Saturday, Sep 07, 2013 at 11:23
Does that mean speeding and carrying weapons is legal too?
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Reply By: Bazza - Thursday, Sep 05, 2013 at 08:51

Thursday, Sep 05, 2013 at 08:51
I'ts all about numbers. In reality, how many CB's are in use compaired to mobile phone use? Bugger all. So the odds of an accident with someone using a CB is very remote.
Capt.
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Reply By: allein m - Thursday, Sep 05, 2013 at 13:48

Thursday, Sep 05, 2013 at 13:48
thank you for your responses .
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Reply By: The Bantam - Thursday, Sep 05, 2013 at 22:29

Thursday, Sep 05, 2013 at 22:29
Having used both commercial two way and CB extensivly I can tell you the is a great difference between the personal, exclusive and full duplex nature of mobile phones and the keyed mic nature of two way radio.

It is not possible nor is it expected to conduct a fast moving conversation over a two way radio, and it is not necessary to hold the mic up to your ear to hear a two way radio.

The mobile phone requires continuous and constant attention and the constant use of one hand......two way radio does not.

Mobile phones are also in the hands of lots of people with no clue and no contextual awareness.......just about everybody has a mobile phone.....that includes those least able to deal with them while driving.

The highest concentration of mobile phones is in the cities, where the type of driving is least compatable with the use of mobile phones.....and the majority of those least capable of dealing with both live.

cheers
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Follow Up By: SDG - Thursday, Sep 05, 2013 at 23:43

Thursday, Sep 05, 2013 at 23:43
The mobile phone requires continuous and constant attention and the constant use of one hand......two way radio does not.

Mobile phones are also in the hands of lots of people with no clue and no contextual awareness.......just about everybody has a mobile phone.....that includes those least able to deal with them while driving.





Not only while driving.
How many have you seen walk into a pole, or out into traffic, etc while using them. And not just with texting either.
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Follow Up By: The Bantam - Friday, Sep 06, 2013 at 18:08

Friday, Sep 06, 2013 at 18:08
Mobile phones are an attention demanding thing that has an almost hypnotic effect on certain people.

I think it is reasonable to compare the mobile phone with the television.

The mobile phone is to two way radio what television is to radio...especially when the television has a remote control and there are more than 4 channels.

You can have a radio playing all day and get on with your life, many workplaces allow a radio.

But television demands that you stand or sit there and look at it.
People will often channel surf a television but few will surf a radio.

The mobile phone is Pavlovian by nature, it rewards interaction and punishes ignorance.

Oh yes indeed there is a great deal more risk associated with mobile phones than two way radio.

cheers
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Follow Up By: Candace S. - Friday, Sep 06, 2013 at 18:24

Friday, Sep 06, 2013 at 18:24
SDG... Around here (I live in northern Utah, USA), there have been multiple instances of people walking in front of the commuter trains and being hit, apparently while distracted by their phone. Needless to say, these incidents tend to have fatal results for the pedestrians.
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Follow Up By: Member - johnat - Friday, Sep 06, 2013 at 20:46

Friday, Sep 06, 2013 at 20:46
Darwin awardees?
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