Why mobile phones but not CB radio? [Was: hoons]

In article <[email protected]>, Sylvia Else <[email protected]> wrote:
>Charles L wrote:
>> "F Murtz" <[email protected]> wrote in message
>> news:[email protected]...
>>> The local rag has an article about an off duty policeman who nabbed some
>>> car racing hoons he used his mobile phone to video the cars and activated
>>> his "speed minder" on the dash to record how fast they were traveling.
>>> Is it legal for off duty police to use hand held phone while driving?
>>
>> I don't know whether it's even legal for police on duty to use a hand held
>> mobile phone or radio microphone while driving. But then again who
>> knows?
>
>Yes, it is. There's a specific exemption in the legislation allowing
>them to use a hand-held mobile phone.
>
>A radio microphone is not a mobile phone, and isn't covered by the
>legislation anyway, even for people who are not police officers. The
>legislation expressly excludes CB radio from inclusion.

I've often wondered about the CB radio side of things. Presumably it
was excluded either because it's been around for decades and/or there
aren't enough people using it to constitute a significant risk to the
rest of us?

Cheers, Phred.

--
[email protected]LID

---

› See More: Why mobile phones but not CB radio? [Was: hoons]

On Sun, 09 Nov 2008 14:44:24 GMT, [email protected] (Phred)
wrote:

>I've often wondered about the CB radio side of things. Presumably it
>was excluded either because it's been around for decades and/or there
>aren't enough people using it to constitute a significant risk to the
>rest of us?


Dunno about that.
Lots of them in vehicles in rural areas.
Not to mention every semi and B-double on the highway has a CB or two.

That said...I have, always, been under the impression that it was
illegal to use a microphone while driving.
I guess it was one of those "common knowledge" things that I never
queried.


Come to think on it, I did ask a radio inspector back when I got my
first CB licence in the early 90s. Thought he said it was
illegal...but he may have said it wasn't a good idea.
Had more brain cells then. And, maybe, he lied for my own good
.....LOL.


------------------------------

If you want to stand out in the crowd...
check the alleys for escape routes, first

Phred wrote:
> In article <[email protected]>, Sylvia Else <[email protected]> wrote:
>> Charles L wrote:
>>> "F Murtz" <[email protected]> wrote in message
>>> news:[email protected]...
>>>> The local rag has an article about an off duty policeman who nabbed some
>>>> car racing hoons he used his mobile phone to video the cars and activated
>>>> his "speed minder" on the dash to record how fast they were traveling.
>>>> Is it legal for off duty police to use hand held phone while driving?
>>> I don't know whether it's even legal for police on duty to use a hand held
>>> mobile phone or radio microphone while driving. But then again who
>>> knows?
>> Yes, it is. There's a specific exemption in the legislation allowing
>> them to use a hand-held mobile phone.
>>
>> A radio microphone is not a mobile phone, and isn't covered by the
>> legislation anyway, even for people who are not police officers. The
>> legislation expressly excludes CB radio from inclusion.
>
> I've often wondered about the CB radio side of things. Presumably it
> was excluded either because it's been around for decades and/or there
> aren't enough people using it to constitute a significant risk to the
> rest of us?
>
> Cheers, Phred.
>
It's about as illogical as allowing the non-hand-help mobile phones,
given that the evidence seems to be that it's the interaction with the
other party to the call that's the main problem, not the phyiscal
manipulation of the phone,

But, yes, there's probably a 'grandfather rights' thing about it, with
parliament not being willing to outlaw something that's been in place
for a long time.

Sylvia.

[aus.radio.cb added]

On Sun, 09 Nov 2008 14:44:24 +0000, Phred wrote:

> In article <[email protected]>, Sylvia Else
> <[email protected]> wrote:
>>Charles L wrote:
>>> "F Murtz" <[email protected]> wrote in message
>>> news:[email protected]...
>>>> The local rag has an article about an off duty policeman who nabbed
>>>> some car racing hoons he used his mobile phone to video the cars and
>>>> activated his "speed minder" on the dash to record how fast they were
>>>> traveling. Is it legal for off duty police to use hand held phone
>>>> while driving?
>>>
>>> I don't know whether it's even legal for police on duty to use a hand
>>> held mobile phone or radio microphone while driving. But then again
>>> who knows?
>>
>>Yes, it is. There's a specific exemption in the legislation allowing
>>them to use a hand-held mobile phone.
>>
>>A radio microphone is not a mobile phone, and isn't covered by the
>>legislation anyway, even for people who are not police officers. The
>>legislation expressly excludes CB radio from inclusion.
>
> I've often wondered about the CB radio side of things. Presumably it
> was excluded either because it's been around for decades and/or there
> aren't enough people using it to constitute a significant risk to the
> rest of us?

Interesting. Only just found this thread.
I was under the impression that using mics whilst mobile would also be
illegal.
Does anyone have a link to the revelent legislation (or info) regarding
this?
TIA.

Jeßus wrote:

> Interesting. Only just found this thread.
> I was under the impression that using mics whilst mobile would also be
> illegal.
> Does anyone have a link to the revelent legislation (or info) regarding
> this?
> TIA.

http://www.austlii.edu.au/au/legis/n...8104/s300.html

See subsection (2)

"(2) In this rule:
"mobile phone" does not include a CB radio or any other two-way radio."

Sylvia.

On Mon, 10 Nov 2008 09:15:17 +1100, Sylvia Else wrote:

> Jeßus wrote:
>
>> Interesting. Only just found this thread. I was under the impression
>> that using mics whilst mobile would also be illegal.
>> Does anyone have a link to the revelent legislation (or info) regarding
>> this?
>> TIA.
>
> http://www.austlii.edu.au/au/legis/n...8104/s300.html
>
> See subsection (2)
>
> "(2) In this rule:
> "mobile phone" does not include a CB radio or any other two-way radio."
>
> Sylvia.

Thank you Sylvia. Quick too

On Sun, 09 Nov 2008 22:16:53 +0000, Jeßus wrote:

> On Mon, 10 Nov 2008 09:15:17 +1100, Sylvia Else wrote:
>
>> Jeßus wrote:
>>
>>> Interesting. Only just found this thread. I was under the impression
>>> that using mics whilst mobile would also be illegal. Does anyone have
>>> a link to the revelent legislation (or info) regarding this?
>>> TIA.
>>
>> http://www.austlii.edu.au/au/legis/n...8104/s300.html
>>
>> See subsection (2)
>>
>> "(2) In this rule:
>> "mobile phone" does not include a CB radio or any other two-way radio."
>>
>> Sylvia.
>
> Thank you Sylvia. Quick too

Ah: "New South Wales Consolidated Regulations"
So this law may vary from state to state?

Jeßus wrote:
> On Sun, 09 Nov 2008 22:16:53 +0000, Jeßus wrote:
>
>> On Mon, 10 Nov 2008 09:15:17 +1100, Sylvia Else wrote:
>>
>>> Jeßus wrote:
>>>
>>>> Interesting. Only just found this thread. I was under the impression
>>>> that using mics whilst mobile would also be illegal. Does anyone have
>>>> a link to the revelent legislation (or info) regarding this?
>>>> TIA.
>>> http://www.austlii.edu.au/au/legis/n...8104/s300.html
>>>
>>> See subsection (2)
>>>
>>> "(2) In this rule:
>>> "mobile phone" does not include a CB radio or any other two-way radio."
>>>
>>> Sylvia.
>> Thank you Sylvia. Quick too
>
> Ah: "New South Wales Consolidated Regulations"
> So this law may vary from state to state?

They're part of the Australian Road Rules. There can still be state
differences, but usually not. Which state are you interested in?

Sylvia

On Mon, 10 Nov 2008 09:20:17 +1100, Sylvia Else wrote:

> Jeßus wrote:
>> On Sun, 09 Nov 2008 22:16:53 +0000, Jeßus wrote:
>>
>>> On Mon, 10 Nov 2008 09:15:17 +1100, Sylvia Else wrote:
>>>
>>>> Jeßus wrote:
>>>>
>>>>> Interesting. Only just found this thread. I was under the impression
>>>>> that using mics whilst mobile would also be illegal. Does anyone
>>>>> have a link to the revelent legislation (or info) regarding this?
>>>>> TIA.
>>>> http://www.austlii.edu.au/au/legis/n...8104/s300.html
>>>>
>>>> See subsection (2)
>>>>
>>>> "(2) In this rule:
>>>> "mobile phone" does not include a CB radio or any other two-way
>>>> radio."
>>>>
>>>> Sylvia.
>>> Thank you Sylvia. Quick too
>>
>> Ah: "New South Wales Consolidated Regulations" So this law may vary
>> from state to state?
>
> They're part of the Australian Road Rules. There can still be state
> differences, but usually not. Which state are you interested in?

I'm in Tassie myself, so thats where I'm particularly interested to know
of course, cheers.

Jeßus wrote:
> On Mon, 10 Nov 2008 09:20:17 +1100, Sylvia Else wrote:
>
>> Jeßus wrote:
>>> On Sun, 09 Nov 2008 22:16:53 +0000, Jeßus wrote:
>>>
>>>> On Mon, 10 Nov 2008 09:15:17 +1100, Sylvia Else wrote:
>>>>
>>>>> Jeßus wrote:
>>>>>
>>>>>> Interesting. Only just found this thread. I was under the impression
>>>>>> that using mics whilst mobile would also be illegal. Does anyone
>>>>>> have a link to the revelent legislation (or info) regarding this?
>>>>>> TIA.
>>>>> http://www.austlii.edu.au/au/legis/n...8104/s300.html
>>>>>
>>>>> See subsection (2)
>>>>>
>>>>> "(2) In this rule:
>>>>> "mobile phone" does not include a CB radio or any other two-way
>>>>> radio."
>>>>>
>>>>> Sylvia.
>>>> Thank you Sylvia. Quick too
>>> Ah: "New South Wales Consolidated Regulations" So this law may vary
>>> from state to state?
>> They're part of the Australian Road Rules. There can still be state
>> differences, but usually not. Which state are you interested in?
>
> I'm in Tassie myself, so thats where I'm particularly interested to know
> of course, cheers.
>

Here's the equivalent rule from Tasmania, which is much the same.

http://www.austlii.edu.au/au/legis/t...9290/s300.html

As an aside, I note that unlike the NSW legislation, it doesn't seek to
widen the meaning of "use", which could presumably lead to argument in
court about what the word means in this context.

Sylvia.

Sylvia Else wrote:
> Jeßus wrote:
>> On Mon, 10 Nov 2008 09:20:17 +1100, Sylvia Else wrote:
>>
>>> Jeßus wrote:
>>>> On Sun, 09 Nov 2008 22:16:53 +0000, Jeßus wrote:
>>>>
>>>>> On Mon, 10 Nov 2008 09:15:17 +1100, Sylvia Else wrote:
>>>>>
>>>>>> Jeßus wrote:
>>>>>>
>>>>>>> Interesting. Only just found this thread. I was under the
>>>>>>> impression that using mics whilst mobile would also be illegal.
>>>>>>> Does anyone have a link to the revelent legislation (or info)
>>>>>>> regarding this? TIA.
>>>>>> http://www.austlii.edu.au/au/legis/n...8104/s300.html
>>>>>>
>>>>>> See subsection (2)
>>>>>>
>>>>>> "(2) In this rule:
>>>>>> "mobile phone" does not include a CB radio or any other two-way
>>>>>> radio."
>>>>>>
>>>>>> Sylvia.
>>>>> Thank you Sylvia. Quick too
>>>> Ah: "New South Wales Consolidated Regulations" So this law may vary
>>>> from state to state?
>>> They're part of the Australian Road Rules. There can still be state
>>> differences, but usually not. Which state are you interested in?
>>
>> I'm in Tassie myself, so thats where I'm particularly interested to
>> know of course, cheers.
>>
>
> Here's the equivalent rule from Tasmania, which is much the same.
>
> http://www.austlii.edu.au/au/legis/t...9290/s300.html
>
> As an aside, I note that unlike the NSW legislation, it doesn't seek
> to widen the meaning of "use", which could presumably lead to
> argument in court about what the word means in this context.

That provision tends to focus attention on the function of the mobile phone
as a communication device, and it is at least arguable that other functions
are not caught.

On Mon, 10 Nov 2008 09:58:09 +1100, Sylvia Else wrote:

> Jeßus wrote:
>> On Mon, 10 Nov 2008 09:20:17 +1100, Sylvia Else wrote:
>>
>>> Jeßus wrote:
>>>> On Sun, 09 Nov 2008 22:16:53 +0000, Jeßus wrote:
>>>>
>>>>> On Mon, 10 Nov 2008 09:15:17 +1100, Sylvia Else wrote:
>>>>>
>>>>>> Jeßus wrote:
>>>>>>
>>>>>>> Interesting. Only just found this thread. I was under the
>>>>>>> impression that using mics whilst mobile would also be illegal.
>>>>>>> Does anyone have a link to the revelent legislation (or info)
>>>>>>> regarding this? TIA.
>>>>>> http://www.austlii.edu.au/au/legis/n...reg/rr2008104/
s300.html
>>>>>>
>>>>>> See subsection (2)
>>>>>>
>>>>>> "(2) In this rule:
>>>>>> "mobile phone" does not include a CB radio or any other two-way
>>>>>> radio."
>>>>>>
>>>>>> Sylvia.
>>>>> Thank you Sylvia. Quick too
>>>> Ah: "New South Wales Consolidated Regulations" So this law may vary
>>>> from state to state?
>>> They're part of the Australian Road Rules. There can still be state
>>> differences, but usually not. Which state are you interested in?
>>
>> I'm in Tassie myself, so thats where I'm particularly interested to
>> know of course, cheers.
>>
>>
> Here's the equivalent rule from Tasmania, which is much the same.
>
> http://www.austlii.edu.au/au/legis/t...9290/s300.html
>
> As an aside, I note that unlike the NSW legislation, it doesn't seek to
> widen the meaning of "use", which could presumably lead to argument in
> court about what the word means in this context.

Once again, many thanks Sylvia. Saved me a lot of time digging around for
the right info. As you say, the wording is somewhat different and I note
that in Tas the penalty is only 5 penalty units vs. 20 for NSW.

It at least states: "(2) In this rule,"mobile phone" does not include a
CB radio or any other two-way radio.

On Mon, 10 Nov 2008 09:58:09 +1100, Sylvia Else
<[email protected]> wrote:

>Here's the equivalent rule from Tasmania, which is much the same.
>
>http://www.austlii.edu.au/au/legis/t...9290/s300.html
>
>As an aside, I note that unlike the NSW legislation, it doesn't seek to
>widen the meaning of "use", which could presumably lead to argument in
>court about what the word means in this context.
>
>Sylvia.


BTW
I wouldn't be surprised if a cop decided driving with one hand on the
wheel and a mic in the other was akin to inattentive driving.
I believe they have foot switches for their radios....so they don't
have to take a hand off the wheel. But, I guess, they don't use it all
the time.

Just a thought.

------------------------------


If you want to stand out in the crowd...
check the alleys for escape routes, first

> Come to think on it, I did ask a radio inspector back when I got my
> first CB licence in the early 90s. Thought he said it was
> illegal...but he may have said it wasn't a good idea.
> Had more brain cells then. And, maybe, he lied for my own good
> ....LOL.
I dont know about the law as it applies to trucks but here in Perth,
Transperth bus drivers use the radio whilst driving all the time (to talk
to other busses or to depot/base)

In article <[email protected]>, Sylvia Else <[email protected]> wrote:
>Phred wrote:
>> In article <[email protected]>, Sylvia Else
> <[email protected]> wrote:
>>> Charles L wrote:
>>>> "F Murtz" <[email protected]> wrote in message
>>>> news:[email protected]...
>>>>> The local rag has an article about an off duty policeman who nabbed some
>>>>> car racing hoons he used his mobile phone to video the cars and activated
>>>>> his "speed minder" on the dash to record how fast they were traveling.
>>>>> Is it legal for off duty police to use hand held phone while driving?
>>>> I don't know whether it's even legal for police on duty to use a hand held
>>>> mobile phone or radio microphone while driving. But then again who
>>>> knows?
>>> Yes, it is. There's a specific exemption in the legislation allowing
>>> them to use a hand-held mobile phone.
>>>
>>> A radio microphone is not a mobile phone, and isn't covered by the
>>> legislation anyway, even for people who are not police officers. The
>>> legislation expressly excludes CB radio from inclusion.
>>
>> I've often wondered about the CB radio side of things. Presumably it
>> was excluded either because it's been around for decades and/or there
>> aren't enough people using it to constitute a significant risk to the
>> rest of us?
>>
>It's about as illogical as allowing the non-hand-help mobile phones,
>given that the evidence seems to be that it's the interaction with the
>other party to the call that's the main problem, not the phyiscal
>manipulation of the phone

Exactly. The law on mobile phones is a cop out as it stands.

>But, yes, there's probably a 'grandfather rights' thing about it, with
>parliament not being willing to outlaw something that's been in place
>for a long time.

Also, taxis, police, and emergency services in general, rely on mobile
communication to be effective; so the government was probably
reluctant to ban the whole caboodle if there was another way out.

Cheers, Phred.

--
[email protected]LID