Is it illegal to work with a 2-way radio whilst driving

The foundations on using 2 way radios and cell phones whilst operating a automobile are sort of different, the rule has been law since 2003 with the Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003, the law was put into place to improve road safety, after the emergence of cell phones becoming affordable and common, the need for some form of legislation control the use of cell phones, two way radios and any other kind of hand-held communication devices used whilst a vehicle is being driven. The penalty of the rules are outlined here –

 

“It is a specific offence to use a hand–held phone or similar device, when driving. Most offences will be dealt with by way of 3 penalty points and a £60 Fixed Penalty Notice but if the matter proceeds to a Court hearing, the fine can be as much as £1,000 or £2,500 if you were driving a bus, coach or any heavy goods vehicle”

(source:http://www.motorlawyers.co.uk/offences/mobile_phone.htm)

 

Hands free equipment is disqualified from this regulation, and is merely accepted if it is able to be operated without holding it in the hand. “Pushing buttons on the phone while it is in the cradle or around the steering wheel or handlebars of a bike for example isn’t prohibited by this offence” currently its well known that two way radio earpieces are designed on a push-to-talk (PTT) method, implying that using earpieces is invariably prohibited. 2003 saw the Amendment of the Road Vehicles (Construction and Use) Regulations 1986 110 outlined the law –

 

110.—(1) No person shall drive a motor vehicle on a road if he is using—

(a)a hand-held mobile telephone; or

(b)a hand-held device of a kind specified in paragraph (4).

(2) No person shall cause or permit any other person to drive a motor vehicle on a road while that other person is using—

(a)a hand-held mobile telephone; or

(b)a hand-held device of a kind specified in paragraph (4).

(3) No person shall supervise a holder of a provisional licence if the person supervising is using—

(a)a hand-held mobile telephone; or

(b)a hand-held device of a kind specified in paragraph (4),

at a time when the provisional licence holder is driving a motor vehicle on a road.

(4) A device referred to in paragraphs (1)(b), (2)(b) and (3)(b) is a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data.

(source: http://www.legislation.gov.uk/uksi/2003/2695/regulation/2/made)

 

The conclusive part of this law is section (4) that does exonerate the use of 2 way radios whilst driving, it separates hand-held device from a 2 way radio, and later on in the rule classifies 2 way radios.

 

“two-way radio” means any wireless telegraphy apparatus which is designed or adapted—

(i)for the purpose of transmitting and receiving spoken messages; and

(ii)to operate 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;

 

The basis of this short article was to determine if using a 2 way radio is legal to use whilst driving, it is apparent that the use of a two way radio is a similar distraction to a cell phone, using a 2 way radio an individual can still be prosecuted under the careless driving, Driving without Due Consideration and Dangerous Driving legislation, but this isn’t specific to 2 way radios as a hand-full of drivers have been prosecuted for using hands free kits and a cell phone, even though the equipment used has fallen within the Road Vehicles Regulations 2003. However it is kind of clear within the regulations that 2 way radios have a specific rule applied and is specifically singled out in the rulings.