Legal or not

I rang the local cop shop a while back with this very question and came away with no answers whatsoever! The copper did not actually know.

Would love to know myself.

Muddy

SHHHHSSSSSSSSSSSSSSSSS

In WA, where the law against using a mobile phone when driving came in more recently than in the other states, it is permissible to use the hand held speaker on your two way.

In Queensland, according to: http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TrantOpRURR99.pdf

s300:
"a driver ... must not use a hand-held mobile phone while the vehicle is moving, or is stationary but not parked." It then goes on to say "mobile phone does not include a CB radio or any other two-way radio".

-geoff

Hi

see Aust Road Rule 300 mobiles are out,,,,, radios are OK - UNLESS state law contradicts this but then the precedence would be the Commonwealth legislation I would presume.

Site Link

Cheers Barry

I am under the impression you are allowed to use a uhf or similar device whilst driving in NSW. I proved this point when I was escorting a semi trailer with my 3 diggers on it. During the October long weekend in 05, I was pulled over for a booze bus and the truck was not. So whilst my vehicle was still moving and coming to a stop, a policeman was standing next to my vehicle to give me directions I grabbed my mic and simply told the truck driver I would catch up to him on the M2. The policeman patiently waited for the reply and then guided me to the spot to get breath tested. He did not say a word about me talking on the uhf.
And yes I had been drinking and had about 4 cans of Beam during the past 4 hours. I had finished my last one 10 mins prior to being pulled up........ should have been over the limit but they said "Thank you sir" and waved me on.

Grey area....

Same as lighting a smoke.

It takes two hands. (Worse than a cell phone)

What about eating a burger while driving ??

I have seen people swaying all over the road and as I pass them see they are tring to eat a pie or burger.

Yes, it is quite legal to use 2-ways when driving in Queensland.

It is actually a legal requirement of pilot and police escort vehicles to use 2-ways to remain in contact with their wide-loads when on the road.

cheers

Wayne

I was wondering this exact same thing myself today... will be watching this space closely

Also wonder if any difference between using a hand-held UHF or just the corded mic of a fixed UHF set???

I sometimes loan out my 5W handheld if driving with another vehicle. Would not want to get them in the poo!

Muddy

There is no specific mention regarding the use of or prohibiting the use of hand held/CB radio in Australian Road Rules (May 2007 version). That however is not to say that it is not an offence in any particular State. I recall that it was an offence in Victoria some years ago but don't know if that was repealled with the introduction of ARR.

Just because there may not be a specific offence to prohibit the use of radios (CB/Hand Held etc/whatever) that doesn't mean that you can't or won't be pinched for using one. Remember that at all times a motorist/driver must Drive with Due car and Consideration. The offence of Due Care can in reality be applied to almost any action of behaviour that may be exhibited by the driver this would of course include scratching your ear, straightening your hair (ladies), putting make up on, drinking from can, bottle, cup etc, reading a paper, map book, eating a pie or pasty, sandwich, cake, fruit. I could go on but by now you should be getting the idea that Due Care can be determined based on the action or behaviour relative to the act of driving. It is not a difficult offence to establish or prove in court.

The bottom line is, that you can be pinched for almost any action or behaviour whilst driving regardless of whether it is in the Statutes or not i.e. if it constitutes Due Car (lack of) or lack of Consideration. Of course the offence might even constitute driving in a Manner Dangerous if the action or behaviour warranted it.

Check with your particular State regarding any specific law. For the sake of your Licence (and safety of others) don't disregard the above.

p.s. for those that might raise it as an issue, drivers of Police and Emergency Vehicles are exempt from most Road Traffic Laws whilst in the execution of their duty. That doesn't include going to the shop for morning tea or similar.

Ok have done a little research and have come up with this for NSW
http://www.rta.nsw.gov.au/rulesregulations/downloads/p18.pdf
Scroll down to page 307

Basically says Mobile fones not to be used by the driver whilst the vehicle is moving.
Quoted
"Mobile phone does not include CB radio or other 2 way radio"

You've all missed the obvious point -

There are not enough CBs in use to warrant a law for them, as the potential revenue collection is not there. So there's no law.

On the other hand, everyone has a mobile, so there's a great deal of revenue available.

I am not advocating texting/mobile phone use while driving, and I don't answer my mobile while driving. The thing tells me who rang, and when I feel like it and am stopped, I ring back.

But as DIO points out, a cop can get you for anything he/she feels like. You can beat a false charge but it will cost you large amounts of money, stress, and time to go to court.

I was in Supacheap today and became aware (as you do) of voice overhead telling me that it was illegal to use a mob phone while driving, even with hands free type, then the voice informed the listener that it was not a good idea to even have conversations with passengers!

I immediately pictured many vehicles stuck in traffic jams filled with people NOT talking, in case the flash for cash caught them in the middle of speech and they got fined. We'd all have to zip our lips with duct tape if they made that the law! What would it do for the road ragers? Mental hospitals/jails would be full of road stressed crazies!!
OzeSheila.

Ha ha, couldn't help myself imagining having your mobile on speaker phone mode and holding it up to your mouth like a cb whenever it's your turn to talk!

But but officer......

Seriously thought I can see the point that using a cb you press the button say what you're going to & put the thing down until it's your turn again. Best of all if it's not convenient to pick up the handpiece the other person just waits a tad longer for your response. Mobiles are a bit different and probably do require more concentration plus having to hold to your ear the whole time (no including handsfree kits and the like).

Mobiles on handsfree shouldn't be much different to talking with your passengers.

Ah when travelling we're out of range with the mobile most of the time anyway, and if people really want to contact us they will leave a message that can be retreived at the next town.

As an ex copper I can say that the CB thing is pretty much wrapped up in other legislation as far as if an accident or dangerous situation occurs etc..

You would most probably be hit with a charge (depending on your state) similar to "Driving without due care and attention" and the copper would use the fact that you were talking on the CB as a point of evidence..

If you either cause an accident or dangerous situation you can be charged and the CB would simply be fuel for the prosecutor... whether legal or not!

The smoking thing is exactly the same... drop a smoke in your lap and have a prang.... it is your fault and they will hit you with pretty much the same charge.

Wear sunnies at night (and yes I have seen this one also) and have a prang.. same deal!

Do something totally irresponsible and you will wear a dangerous driving charge!!

The mobile phone legislation is in place because every man and his dog has a mobile and it needed to be specifically legislated...

cheers

In Victoria the legislation use to refer to 'use handheld communications device' which encompassed uhf etc. This has since been ammended with the intro of the Aus road rules, and it now refers to 'handheld mobile phone', so we're all in the clear.
The only issue that would remain is the offence of failing to have full control of the vehicle. If you're driving is not affected obviously to the boys in blue whilst your on the uhf, drinking, smoking, eating etc then you're fine. A bit of common sense and you're right.
Ben

hi Peter
2 months coming back frm canberra to sydney been taking on a cb cop pulled me over suspecting it was a moblile when he saw it was a cb did not fine me just say ok and went on. so i asume it is legal.

mark