Is the use of CB radio legal

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.

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

Using UHF as a driving aid is quite legal. The distraction factor is very different with concentrating on a phone conversation.

Motherhen

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.]"

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.

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.

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.

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.

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

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.

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!!!

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.

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.

thank you for your responses .

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