Use of walkie talkie whilst driving?
Discussion
Blues said:
I have heard conflicting folk law about whether these are or are not allowed to be used. Can one of our learned colleagues please confirm the legal position?
Many thanks
From what I understand it is not an offence under the mobile phone legislation UNLESS it has a duel mobile phone function, such as Airwave sets.Many thanks
"The use of 2-way radio equipment (unless the device can also be used as a phone) when driving is not included in the new offence but remember there is still a risk of distraction and prosecution under other powers. If a device is a dual or multi purpose device that can be used both as a mobile phone and a 2-way radio, the use of the device while driving or supervising a provisional licence holder is prohibited. Use is prohibited whether the device is being used as a 2-way radio or as a mobile phone. "
Off some Council Website talking about the introduction of the new offence of using a mobile phone
Off some Council Website talking about the introduction of the new offence of using a mobile phone
Many thanks for the confirmation chaps 
I fully understand that their use could cause driver distraction, which is not something i would condone. I guess that if you are spotted driving in an inappropriate manner whilst using one, the BiB would quite rightly be able to nick you under something other than the mobile phone laws.
Thanks again for clearing it up
I fully understand that their use could cause driver distraction, which is not something i would condone. I guess that if you are spotted driving in an inappropriate manner whilst using one, the BiB would quite rightly be able to nick you under something other than the mobile phone laws.
Thanks again for clearing it up
Nedrick said:
Blues said:
I have heard conflicting folk law about whether these are or are not allowed to be used. Can one of our learned colleagues please confirm the legal position?
Many thanks
From what I understand it is not an offence under the mobile phone legislation UNLESS it has a duel mobile phone function, such as Airwave sets.Many thanks
Sgt Bilko said:
"If a device is a dual or multi purpose device that can be used both as a mobile phone and a 2-way radio, the use of the device while driving or supervising a provisional licence holder is prohibited. Use is prohibited whether the device is being used as a 2-way radio or as a mobile phone. "
Off some Council Website talking about the introduction of the new offence of using a mobile phone
This bit is interesting... Could you potentially land yourself in hot water if on a mobile/CB whilst supervising a learner?Off some Council Website talking about the introduction of the new offence of using a mobile phone
Slinky said:
Sgt Bilko said:
"If a device is a dual or multi purpose device that can be used both as a mobile phone and a 2-way radio, the use of the device while driving or supervising a provisional licence holder is prohibited. Use is prohibited whether the device is being used as a 2-way radio or as a mobile phone. "
Off some Council Website talking about the introduction of the new offence of using a mobile phone
This bit is interesting... Could you potentially land yourself in hot water if on a mobile/CB whilst supervising a learner?Off some Council Website talking about the introduction of the new offence of using a mobile phone
Nedrick said:
Blues said:
I have heard conflicting folk law about whether these are or are not allowed to be used. Can one of our learned colleagues please confirm the legal position?
Many thanks
From what I understand it is not an offence under the mobile phone legislation UNLESS it has a duel mobile phone function, such as Airwave sets.Many thanks
The frequencies banned correspond to O2, Vodafone, Orange, T-Mobile and 2. They would also include so called virtual networks such as Virgin which use one of the 5 cellular networks in the UK.
bluepolarbear said:
Nedrick said:
Blues said:
I have heard conflicting folk law about whether these are or are not allowed to be used. Can one of our learned colleagues please confirm the legal position?
Many thanks
From what I understand it is not an offence under the mobile phone legislation UNLESS it has a duel mobile phone function, such as Airwave sets.Many thanks
The frequencies banned correspond to O2, Vodafone, Orange, T-Mobile and 2. They would also include so called virtual networks such as Virgin which use one of the 5 cellular networks in the UK.
Nedrick said:
bluepolarbear said:
Nedrick said:
Blues said:
I have heard conflicting folk law about whether these are or are not allowed to be used. Can one of our learned colleagues please confirm the legal position?
Many thanks
From what I understand it is not an offence under the mobile phone legislation UNLESS it has a duel mobile phone function, such as Airwave sets.Many thanks
The frequencies banned correspond to O2, Vodafone, Orange, T-Mobile and 2. They would also include so called virtual networks such as Virgin which use one of the 5 cellular networks in the UK.
The whole airwave thing is a great unknown at the moment, lots of claims its bad lots of claims it is good.
I have no real view on the matter, I do know if I use my hand held with it attached to my body armour I get awful headaches.
catso said:
Roop said:
You're fine with 2-way radios in the UK.
Because using a walkie-talkie whilst driving isn't dangerous like using a phone, no, not at all, no way..... 
Radio conversations allegedly operate on a different part of the brain than having a full on phone conversation and as a result require less concentration and less involved.
I also guess they are used by the emergency services and in most cases the use will be a little more important than last nights x-factor.
You can still commit the offence of careless driving and not being in full control of your vehicle.
I wouldn’t like to take my chances personally
I don’t think many plod would be looking favourably at you messing around with walkie talkies whilst driving, and would just look at it
The same as using a phone, whatever the legalities are it wouldn’t be something I would be risking not worth the hassle and fines, i would just use a phone on hands free if I wanted to talk to somebody on route, the days of breaker breaker whilst in convoy mode are a bit long gone imo unless your off roading
It’s not something I would be taking a chance of 6 points over Tbh
I don’t think many plod would be looking favourably at you messing around with walkie talkies whilst driving, and would just look at it
The same as using a phone, whatever the legalities are it wouldn’t be something I would be risking not worth the hassle and fines, i would just use a phone on hands free if I wanted to talk to somebody on route, the days of breaker breaker whilst in convoy mode are a bit long gone imo unless your off roading
It’s not something I would be taking a chance of 6 points over Tbh
Text off the “ask the Police” website:
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 -
for the purpose of transmitting and receiving spoken messages; and
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. The exception was created because so many government and private organisations (e.g. taxis) use 2 way radios.
However, there is strong scientific evidence that any such activity (including fiddling with your CD player etc.) does raise the level of danger so far as accidents are concerned, so it is recommended that you do whatever you can to minimise use of transmitter buttons, tuning devices and volume controls. If something akin to hands free exists it would be a good idea.
Even if the device you are using does not fall within the mobile phone legislation, with or without hands free, if you can't control your vehicle properly or are driving badly, you can be prosecuted for not being in proper control of your vehicle, careless driving or dangerous driving, the latter two offences carry much higher penalties. If you kill someone in an accident caused by phoning or texting or using a CB etc. you can expect a lengthy sentence of imprisonment.
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 -
for the purpose of transmitting and receiving spoken messages; and
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. The exception was created because so many government and private organisations (e.g. taxis) use 2 way radios.
However, there is strong scientific evidence that any such activity (including fiddling with your CD player etc.) does raise the level of danger so far as accidents are concerned, so it is recommended that you do whatever you can to minimise use of transmitter buttons, tuning devices and volume controls. If something akin to hands free exists it would be a good idea.
Even if the device you are using does not fall within the mobile phone legislation, with or without hands free, if you can't control your vehicle properly or are driving badly, you can be prosecuted for not being in proper control of your vehicle, careless driving or dangerous driving, the latter two offences carry much higher penalties. If you kill someone in an accident caused by phoning or texting or using a CB etc. you can expect a lengthy sentence of imprisonment.
OldGermanHeaps said:
rather than start a new thread I thought I'd revisit an old one, is this still the case in 2019 that walkie talkies are ok while driving as long as your driving remains above the acceptable threshold?
Yes, that's exactly it. The problem of course is that if someone stops you under the impression you're using a mobile and then finds you are using a walkie talkie it's easy for them to decide your driving was careless. I'd only use when stationary with the handbrake on for this reason.Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff