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Q659: Is it illegal to use a CB or two way radio whilst driving?


Answer

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.

Related questions


Answer

Not all collisions require a police officer to complete a collision report.

In some instances a collision report will not be released until the police file has been finalised.

If you are a solicitor or an insurance agent, you can apply on behalf of your client for a copy of any existing collision reports the police have.

People can also apply for collision reports or request details of third parties involved in a collision if they are representing themselves in civil proceedings.

Information on how to make a request and details regarding costs can be found on local police force websites. See the link in Related Information for force contact details.


Answer

During the summer of 2021, the standard (or premium) grade of petrol in the UK will become E10, meaning that the petrol contains up to 10% renewable ethanol – this has been done to reduce carbon dioxide emissions and help tackle climate change.

E10 petrol can be used in almost 95% of petrol powered vehicles on the road today, including cars built since 2011. You can check whether your vehicle is compatible with E10 petrol here.

If you can't use E10 petrol in your vehicle, you will still be able to use E5 petrol by purchasing the 'Super' grade petrol available at most petrol stations.

Petrol stations will clearly label E10 and E5 petrol using these markings:

E10 Petrol

Note that the change only applies to petrol – diesel fuel remains unchanged.

Providing your vehicle is compatible with E10 petrol, there's no reason you can't mix the two grades of petrol (E5 and E10). It's perfectly safe to mix them in the same tank or fill up with E5 if E10 is not available.

If you put E10 petrol in a non-compatible vehicle, simply fill up with E5 ('Super') petrol next time. Using a single tank of E10 fuel in a vehicle that is not compatible should not be a major problem – just make sure you fill up with the correct E5 petrol next time you refuel. Unlike putting petrol into a diesel engine, you shouldn't need to drain the tank and, on a one-time basis, will not suffer engine damage as a result. However, prolonged use of E10 petrol in a non-compatible vehicle may cause harm and is not recommended.

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Answer

It is safest to assume that all the lights on your vehicle must be in working order – if they aren't you may commit an offence. However, there are exemptions in relation to a:

  • rear fog lamp on a vehicle which is part of a combination of vehicles, any part of which is not required to be fitted with a rear fog lamp.
  • rear fog lamp on a motor vehicle drawing a trailer.
  • defective lamp, reflector, dim-dip device or headlamp levelling device on a vehicle in use on a road between sunrise and sunset, if any such lamp, reflector or device became defective during the journey which is in progress or if arrangements have been made to remedy the defect as soon as possible.
  • lamp, reflector, dim-dip device, headlamp levelling device or rear marking on a combat vehicle in use on a road between sunrise and sunset.
  • front fog lamp or a daytime running lamp on a vehicle which was first registered before 1st March 2018.

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Answer

It means that more than likely you have been flashed by a speed camera or gone through a red light or committed another minor traffic offence.

The exact offence will be stated on the summons, along with the date of the court appearance - you must attend court on this date. If you can't attend, you must contact the court as soon as possible. You may be able to plead guilty by post to the alleged offence, the summons will explain your options.

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Answer

Although it was not you that has been stopped by the police, you must still go to court. This is to make a statutory declaration (a sworn statement) to that effect. The court will then adjourn the matter back to the police who will need to make further enquiries.

It is important that you attend court otherwise a warrant will be issued. If you cannot make it on the day in question, contact the court to advise them.

Contact your local police force

Enter your town or postcode to see information from your local force

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Question

Q659: Is it illegal to use a CB or two way radio whilst driving?


Answer

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.


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