Breaker 1-9...a mobile question
Discussion
So... I drive a 44t truck, my first question is a simple one.... is using a CB radio whilst driving legal, my understanding is it is?????
So lets complicate things, i don't have a CB radio as such.... i have a CB app on my phone, you turn it on via the phone (obviously) place the phone in the phone holder and to speak you touch the screen on the phone, now touching the phone whilst driving IS illegal, we all know that, there is nothing to debate there, i don't do it.
So, to get around this i have purchased a Wireless Duel Mike, to look at it looks like a conventional CB Mike, it connects to my phone via blue tooth, it has the button on the side to speak and volume buttons on the top and is used exactly like a conventional CB radio with absolutely no need to touch the mobile phone. It also has another button on the front, and if my phone rings, i push the button to answer the phone and chat to whoever is on the other end, again, without touching my phone.
Now this week i was involved in a collision with a car, dash cam footage from my truck and the car viewed by the police shows i was 100% innocent in any wrong doing. However my manager viewed the footage and noted/heard i was on the telephone, i told him i wasn't on the telephone, i was on the CB app.....and that is when the can of worms opened...... he said the company doesn't allow CBs in the cab as someone wired one in and it set fire to the truck (nope i have no idea how either), i then had to explain the CB is an app its on my phone, no wires etc etc.
He then said that me using the CB Mike is illegal as it would be classed as a mobile device and he is not happy with me using it and if i was using it and had a crash and killed someone i would have some explaining to do, in my eyes id have some explaining to do regardless as to if was using it or not.
I would really like to know the legalities from someone in the know, in my eyes using a CB Mike to talk whilst driving is legal and im doing nothing wrong and neither are the other users, i don't hide the fact im holding/using a CB Mike whilst driving and ive never known anybody to be charged with any wrong doing in using one. Ive looked online but can't see anything to say CB use is illegal.
Thoughts??????
So lets complicate things, i don't have a CB radio as such.... i have a CB app on my phone, you turn it on via the phone (obviously) place the phone in the phone holder and to speak you touch the screen on the phone, now touching the phone whilst driving IS illegal, we all know that, there is nothing to debate there, i don't do it.
So, to get around this i have purchased a Wireless Duel Mike, to look at it looks like a conventional CB Mike, it connects to my phone via blue tooth, it has the button on the side to speak and volume buttons on the top and is used exactly like a conventional CB radio with absolutely no need to touch the mobile phone. It also has another button on the front, and if my phone rings, i push the button to answer the phone and chat to whoever is on the other end, again, without touching my phone.
Now this week i was involved in a collision with a car, dash cam footage from my truck and the car viewed by the police shows i was 100% innocent in any wrong doing. However my manager viewed the footage and noted/heard i was on the telephone, i told him i wasn't on the telephone, i was on the CB app.....and that is when the can of worms opened...... he said the company doesn't allow CBs in the cab as someone wired one in and it set fire to the truck (nope i have no idea how either), i then had to explain the CB is an app its on my phone, no wires etc etc.
He then said that me using the CB Mike is illegal as it would be classed as a mobile device and he is not happy with me using it and if i was using it and had a crash and killed someone i would have some explaining to do, in my eyes id have some explaining to do regardless as to if was using it or not.
I would really like to know the legalities from someone in the know, in my eyes using a CB Mike to talk whilst driving is legal and im doing nothing wrong and neither are the other users, i don't hide the fact im holding/using a CB Mike whilst driving and ive never known anybody to be charged with any wrong doing in using one. Ive looked online but can't see anything to say CB use is illegal.
Thoughts??????
GEARJAMMER said:
So... I drive a 44t truck, my first question is a simple one.... is using a CB radio whilst driving legal, my understanding is it is?????
So lets complicate things, i don't have a CB radio as such.... i have a CB app on my phone, you turn it on via the phone (obviously) place the phone in the phone holder and to speak you touch the screen on the phone, now touching the phone whilst driving IS illegal, we all know that, there is nothing to debate there, i don't do it.
So, to get around this i have purchased a Wireless Duel Mike, to look at it looks like a conventional CB Mike, it connects to my phone via blue tooth, it has the button on the side to speak and volume buttons on the top and is used exactly like a conventional CB radio with absolutely no need to touch the mobile phone. It also has another button on the front, and if my phone rings, i push the button to answer the phone and chat to whoever is on the other end, again, without touching my phone.
Now this week i was involved in a collision with a car, dash cam footage from my truck and the car viewed by the police shows i was 100% innocent in any wrong doing. However my manager viewed the footage and noted/heard i was on the telephone, i told him i wasn't on the telephone, i was on the CB app.....and that is when the can of worms opened...... he said the company doesn't allow CBs in the cab as someone wired one in and it set fire to the truck (nope i have no idea how either), i then had to explain the CB is an app its on my phone, no wires etc etc.
He then said that me using the CB Mike is illegal as it would be classed as a mobile device and he is not happy with me using it and if i was using it and had a crash and killed someone i would have some explaining to do, in my eyes id have some explaining to do regardless as to if was using it or not.
I would really like to know the legalities from someone in the know, in my eyes using a CB Mike to talk whilst driving is legal and im doing nothing wrong and neither are the other users, i don't hide the fact im holding/using a CB Mike whilst driving and ive never known anybody to be charged with any wrong doing in using one. Ive looked online but can't see anything to say CB use is illegal.
Thoughts??????
Not sure where this misapprehension has appeared from recently. It is not illegal to touch your phone if it is in a mounted cradle, you could commit other offences if not in proper control and this has always been the case, but not the specific offence of using a mobile phone in your hand UNMOUNTED So lets complicate things, i don't have a CB radio as such.... i have a CB app on my phone, you turn it on via the phone (obviously) place the phone in the phone holder and to speak you touch the screen on the phone, now touching the phone whilst driving IS illegal, we all know that, there is nothing to debate there, i don't do it.
So, to get around this i have purchased a Wireless Duel Mike, to look at it looks like a conventional CB Mike, it connects to my phone via blue tooth, it has the button on the side to speak and volume buttons on the top and is used exactly like a conventional CB radio with absolutely no need to touch the mobile phone. It also has another button on the front, and if my phone rings, i push the button to answer the phone and chat to whoever is on the other end, again, without touching my phone.
Now this week i was involved in a collision with a car, dash cam footage from my truck and the car viewed by the police shows i was 100% innocent in any wrong doing. However my manager viewed the footage and noted/heard i was on the telephone, i told him i wasn't on the telephone, i was on the CB app.....and that is when the can of worms opened...... he said the company doesn't allow CBs in the cab as someone wired one in and it set fire to the truck (nope i have no idea how either), i then had to explain the CB is an app its on my phone, no wires etc etc.
He then said that me using the CB Mike is illegal as it would be classed as a mobile device and he is not happy with me using it and if i was using it and had a crash and killed someone i would have some explaining to do, in my eyes id have some explaining to do regardless as to if was using it or not.
I would really like to know the legalities from someone in the know, in my eyes using a CB Mike to talk whilst driving is legal and im doing nothing wrong and neither are the other users, i don't hide the fact im holding/using a CB Mike whilst driving and ive never known anybody to be charged with any wrong doing in using one. Ive looked online but can't see anything to say CB use is illegal.
Thoughts??????
Holding a CB mic isn't illegal per se, so your manager is wrong.
If you watch last Sunday's TopGear, where they're driving trucks, you'll see them using CBs regularly while driving on the road.
I'm not suggesting that a TV show is proof of legality but it might point your boss in the right direction rather than arguing your way through the legislation with him.
If you watch last Sunday's TopGear, where they're driving trucks, you'll see them using CBs regularly while driving on the road.
I'm not suggesting that a TV show is proof of legality but it might point your boss in the right direction rather than arguing your way through the legislation with him.
spikeyhead said:
Holding & using any device that transmits on mobile phone frequencies, which will include a mobile phone using a CB app is illegal.
Holding a microphone connected to a transmitter that doesn't transmit on mobile phone frequencies isn't illegal.
OPHolding a microphone connected to a transmitter that doesn't transmit on mobile phone frequencies isn't illegal.
Your employer may have their own rules of use within the workplace that aren't the same as the legal requirements.
Your CB app isn't a CB though. It's using mobile phone data to simulate the functionalities of a CB radio. It's not a CB, it's still a phone. You can touch your phone while driving, but you can't hold it in your hand; however, while touching it legally, you can still be charged with driving without due care and attention or dangerous driving, especially if you have an accident.
The next complication would be your hand held Bluetooth mic. That's also not a CB, and it's not connected via Bluetooth to a CB either; it's connected to a mobile phone which is simulating a CB radio. You could argue that it's not the phone itself and it's a physically separate device, but it's the item that's allowing you to use your phone to communicate while driving and you're holding it in your hand. I don't know if that'd make it a part of "the phone", I suspect it'd need to come before a court but my gut feeling says it should be classed as part of the phone. In any case, even if it wasn't part of the phone and it was deemed legal to be held, DWDCA and DD charges could still stand depending on the standard of your driving and any accidents.
Finally, it's within your company's prerogative to ban use of CB radios or hands-free mobile phone usage, even if they are both legal. If they have an SOP/policy/work order banning CB radios and mobile phones, and you've been using this app, I'd think that what you describe is likely to be seen as a breach of that policy.
The next complication would be your hand held Bluetooth mic. That's also not a CB, and it's not connected via Bluetooth to a CB either; it's connected to a mobile phone which is simulating a CB radio. You could argue that it's not the phone itself and it's a physically separate device, but it's the item that's allowing you to use your phone to communicate while driving and you're holding it in your hand. I don't know if that'd make it a part of "the phone", I suspect it'd need to come before a court but my gut feeling says it should be classed as part of the phone. In any case, even if it wasn't part of the phone and it was deemed legal to be held, DWDCA and DD charges could still stand depending on the standard of your driving and any accidents.
Finally, it's within your company's prerogative to ban use of CB radios or hands-free mobile phone usage, even if they are both legal. If they have an SOP/policy/work order banning CB radios and mobile phones, and you've been using this app, I'd think that what you describe is likely to be seen as a breach of that policy.
The law is complicated, allegedly to allow the use of police airwave type 'phones'...
Personally I'd view a handheld microphone connected to a phone, whether by wire or bluetooth or whatever, as being a 'mobile telephone handset' which the law is probably including with old skool car phone handsets?
Personally I'd view a handheld microphone connected to a phone, whether by wire or bluetooth or whatever, as being a 'mobile telephone handset' which the law is probably including with old skool car phone handsets?
- You can't use a hand held device connected to a mobile phone in the cab, it's illegal.
- But it's not a phone, it's a CB.
- The company policy says you can't have a CB in the cab. You're not allowed to use it.
- But it's not a real CB, it's a phone app.
- Then it's illegal.
- But I'm not using it as a phone, I'm using it as a CB.
- Then it's against company policy, AND still illegal...
- But it's not a phone, it's a CB.
- The company policy says you can't have a CB in the cab. You're not allowed to use it.
- But it's not a real CB, it's a phone app.
- Then it's illegal.
- But I'm not using it as a phone, I'm using it as a CB.
- Then it's against company policy, AND still illegal...
GEARJAMMER said:
So lets complicate things, i don't have a CB radio as such.... i have a CB app on my phone, you turn it on via the phone (obviously) place the phone in the phone holder and to speak you touch the screen on the phone, now touching the phone whilst driving IS illegal, we all know that, there is nothing to debate there, i don't do it.
Wrong. You can use a mobile phone provided it is hands free. That means it is held securely by something that is not you i.e. it is in a phone holder. You can point, stab and talk to it all you like under mobile phone legislation, but can still be deemed driving without due care and attention (which is not a 6 point £100 FPN).GEARJAMMER said:
So, to get around this i have purchased a Wireless Duel Mike, to look at it looks like a conventional CB Mike, it connects to my phone via blue tooth, it has the button on the side to speak and volume buttons on the top and is used exactly like a conventional CB radio with absolutely no need to touch the mobile phone. It also has another button on the front, and if my phone rings, i push the button to answer the phone and chat to whoever is on the other end, again, without touching my phone.
But you had added a device to your phone, which by extension means you are now holding your phone. This is illegal.If it was say clipped to your shirt or belt and therefore supported by different means, only requiring you to push to talk, then it would be legal.
spikeyhead said:
Holing any device that transmits on mobile phone frequencies, which will include a mobile phone using a CB app is illegal.
Holding a microphone connected to a transmitter that doesn't transmit on mobile phone frequencies isn't illegal.
This is correct, as amended by vonhosen to include 'using' anyway.Holding a microphone connected to a transmitter that doesn't transmit on mobile phone frequencies isn't illegal.
The OP's Bluetooth transmitter is a two way radio and does not itself operate on mobile phone frequencies as defined by Construction & Use (very likely ~2400MHz), so that's arguably legal. I'm not sure I'd want to put myself in a position where I had to argue that, but hey...
Whatever happens, holding a Bluetooth device and talking into it could land you with ‘driving without due care and attention’ as already pointed out above.
CB’s are specifically exempt from the ‘mobile phone law’ due to them being a two-way radio operating on certain frequencies.
In my personal opinion, holding a Bluetooth mic connected to your phone, is the same as holding your phone. I suspect a court would see it the same way, if you ever ended up there.
Does the CB App not have ‘Vox’ setting where it just activates the mic when you start speaking?
Either way, I suspect you are breaking the law AND breaking the rules of your employer.
CB’s are specifically exempt from the ‘mobile phone law’ due to them being a two-way radio operating on certain frequencies.
In my personal opinion, holding a Bluetooth mic connected to your phone, is the same as holding your phone. I suspect a court would see it the same way, if you ever ended up there.
Does the CB App not have ‘Vox’ setting where it just activates the mic when you start speaking?
Either way, I suspect you are breaking the law AND breaking the rules of your employer.
normalbloke said:
Is CB even still a thing? I thought it became Tourette’s FM decades ago.
CB is now busier than it has been for decades. Loads of new modern radios available, higher wattage radios, loads more channels and frequencies in use.spikeyhead said:
Holing any device that transmits on mobile phone frequencies, which will include a mobile phone using a CB app is illegal.
Holding a microphone connected to a transmitter that doesn't transmit on mobile phone frequencies isn't illegal.
This just emphasises the lunacy of some UK laws. How the hell does the frequency of the transmission affect the safety of driving a car?Holding a microphone connected to a transmitter that doesn't transmit on mobile phone frequencies isn't illegal.
Surely whether it affects your concentration or control of the vehicle is far more important.
"I wasn't really concentrating on the road and I couldn't turn the steering wheel properly as I was holing something - but I'm sure if it transmitted on a different frequency I wouldn't have crashed!"
NGee said:
This just emphasises the lunacy of some UK laws. How the hell does the frequency of the transmission affect the safety of driving a car?
Surely whether it affects your concentration or control of the vehicle is far more important.
"I wasn't really concentrating on the road and I couldn't turn the steering wheel properly as I was holing something - but I'm sure if it transmitted on a different frequency I wouldn't have crashed!"
It's merely so as to legally represent mobile phones or things a lot like them, but not radios, within the very slow changing law.Surely whether it affects your concentration or control of the vehicle is far more important.
"I wasn't really concentrating on the road and I couldn't turn the steering wheel properly as I was holing something - but I'm sure if it transmitted on a different frequency I wouldn't have crashed!"
NGee said:
This just emphasises the lunacy of some UK laws. How the hell does the frequency of the transmission affect the safety of driving a car?
Surely whether it affects your concentration or control of the vehicle is far more important.
"I wasn't really concentrating on the road and I couldn't turn the steering wheel properly as I was holing something - but I'm sure if it transmitted on a different frequency I wouldn't have crashed!"
It had to be specific so that police could issue 6 points and £100 fine quickly and without much room to argue when people are caught using phones. Driving without due care and attention is a lesser offence.Surely whether it affects your concentration or control of the vehicle is far more important.
"I wasn't really concentrating on the road and I couldn't turn the steering wheel properly as I was holing something - but I'm sure if it transmitted on a different frequency I wouldn't have crashed!"
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