With an amateur radio licence, “Going mobile” and talking to other amateurs is great fun. Using the network of 2metre and 70cm repeaters, it’s possible to talk to other hams a recent distance away using a low-powered handheld / in-car rig.
The big question though… is it legal to operate an amateur radio rig whilst driving…
Technically, the answer is “yes”, but there are some things that you should be aware of:
Use of amateur radio in-car
As you’ll of course be aware, the law does not allow you to use a mobile phone whilst driving. The law that covers this is the Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003.
Section 2. 110 (1) of the regulations clearly state:
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).
Paragraph 4 states:
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.
Note the “other than a two-way radio”. Paragraph 6(b) defines a two-way radio as follows:
“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
Conclusion
From this, use of a two-way amateur radio rig in-car on the amateur frequencies, appears not to be an offence under the ‘you can’t use a mobile phone when driving’ laws. It also allows the emergency services, companies such as taxi firms, and even CB users, to operate two-way radios whilst driving.
Note: We’re not legally trained, and none of the advice here should be taken as legally binding. We accept no liability for any of the advice given here.
You can read the law for yourself at: http://www.legislation.gov.uk/uksi/2003/2695/regulation/2/
However!
Although the law doesn’t prevent you from using a two-way radio whilst driving, that doesn’t mean that you’re free to use your amateur radio in your car in a way that could endanger other road users, or distract you from driving.
If the police see you using your equipment whilst driving, and have a reasonable belief that your use of equipment is causing your driving to suffer in any way, they can stop you for “driving without due care and attention”, which can lead to prosecution under Section 3 of the Road Traffic Act 1988. This can lead to you getting between 3 and 9 points on your driving licence, a fine, and in some circumstances, a disqualification.
Advice for mobile hams
Some common sense advice, based on our team’s experiences of operating “mobile”:
- Make sure your antenna is appropriate and secured properly
- Make sure your radio is “fixed”. When mobile, I tend to use a handheld ham radio with a mag mount antenna on the car roof. The radio is fixed to the dashboard using a mobile phone holder, and I use either a fist mic, or an earpiece and clip on mic. This way, there’s no danger of the radio falling on the floor, and the controls and display are as accessible as my car stereo.
- Although you can operate when mobile, exercising discretion when you see a police car is a good idea. If they think your rig is a mobile phone, you may get pulled.
- Consider keeping a copy of your amateur radio licence, plus a copy of the law that exempts the use of a two-way radio, in your glove box. There’s no legal reason to do this, but it may be helpful if you’re stopped by a police officer who’s not aware of what us hams do, and the exemptions that apply. You can print a copy of the law from here: The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003
- Above all, drive safely. If it’s not 100% safe to operate your rig whilst driving. Don’t.
If you have any comments or suggestions, please add them below.
What about your Car insurance? Regardless of the law, if you cause an accident while using a ham radio, and your insurance company found out, would they pay out???
Thoughts??
From my understanding, a car insurance firm should pay out if you’re fully comp, even if the accident was your fault. Breaking the law whilst driving (e.g. driving under the influence, etc) may invalidate your claim. The other party in an accident may also have a claim against you and/or your insurer. Best to check the policy document.
A clearly presented analysis of the law as it stands.
The exemption “other than a two-way radio” is extremely broad (accepting the frequency limitations that don’t apply to us), and any ham being prosecuted on the basis of the mobile phone legislation *alone* ought clearly not to be found liable.
But it is quite right to highlight the fact that there is other legislation that can be brought to bear, that the word of the police is invariably taken to be worth more than anyone else’s (especially at magistrate level), and that the CPS may proceed to court because neither they nor the police will have a very good knowledge of amateur radio.Star
So, operator beware!
The best solution of all is to have another licenced Ham ridng shot Gun in the passenger seat talking to your contact or stop the car and sit in the passenger seat with engine off and keys out.
Humm Engine off keys out errr not a hope in heck have you tried starting a modern diesel with a low battery .
Just do it safely i operate HF mobile almost every day with no problems .
The only ones that ever say anything or object are those that should not be here in the first place that our government has not got the mens bit’s to deal with ..
That last paragraph. What are you saying?
Simple!!!! DON’T DO IT. As with a mobile phone, your concentration will be harmed. I KNOW this because, many years ago, I NEARLY rear-ended an ambulance……..lesson learned…….D-O-N-T it’s not worth the inherent risks
An earlier enquiry to the police, brought much the same foggy legal definition suggesting that we are not banned from using a fist mic. Reading through it, I also felt that it included CBers Remember THEM?
However, RSGB advice at the time was “if intercepted by a policeman on the the road, retain the information about the legal situation until the case is in court. If the arresting officer is aware of the legal specifics, he is likely to change his charge to something else before it gets there..eg:
“Without due care and attention or failing to be in full control etc. Dangerous driving…Having a dog licence and no dog…Carrying a concealed umbrella with the safety catch off!”
We all know what Constable Bright-Buttons is capable of.
I do concede that is not the safest way but I did it for years without any police interest beyond “What’s yer funny aerial for? Mind you, I did have a two meter crossed dipole (Turnstile) guyed at 4 corners to a roof rack..AM days.
Bit of an eye catcher.
Howard
Why don’t you keep your fat ignorant mouth shut. It seems you must always chime in on matters you do not have a clue about. I had thought we had Heard the last of you after you were sent to present for Child molestation.
The charge was true however I was sent to prison not present. Get your facts straight.
“The big question though… is it legal to operate an amateur radio rig whilst driving?”
The simple answer is: no, unless you are using a boom mic or other hands-free device, since you cannot be deemed to be in proper control of the vehicle with only one hand on the steering wheel. AFAIK taxi “drivers” etc are all subject to the same rule.
I have heard of drivers being caught for not having both hands on the steering wheel whilst waiting at traffic lights, so using a two-way radio or handheld mic is almost certain to attract attention from the police.
IMO, the exemption for certain “wireless telegraphy devices” is irrelevant and, possibly, a drafting anomaly. To put it another way, are emergency service drivers allowed to drive one-handed with immunity from prosecution in the event of losing control and killing a CBer? [Stop that!]
The law can be very confusing. How about the latest issue for dashcam users? An officer can seize your memory card if he believes it contains material evidence relating to the collision or some other incident. The inside of your car is a “public place” and refusing could land you in court. Did you envisage the police and the CPS sifting through 32GB of your driving history, or the insurance company trying to reduce your claim because you drive like a rally driver?
73 (Shiny side up)
Absolute twaddle
so one armed drivers are not alloweed??
Keith G0TSH
Chris MU7DQQ
The only time I use a fist mic driving, I hang it over my shoulder, from behind. That way I can just let go and it stays in place.
A VOX would be no good with the missus in the car !
I’m less likely to be distracted by the radio than my passengers.
Are the emergency services exempt from prosecution if they are using a fist mike and is it one law for them and another for us radio amateurs
73 from 2E0DHQ
No – there is an exemption as stated earlier in the thread. However, common sense must apply and if you are driving dangerously or without care and attention, then the radio use is actually irrelevant. The exemption is not a get-out clause for mindless stupidity. Hands free is a much better idea in any case – albeit that you are more likely to time out of the repeater if you can talk a glass-eye to sleep like yours truly – lol
Hi
Enough guesswork…..
Refering to the law
” In the UK, a radio amateur is exempt under statutory instrument no 2695- the road vehicles ( construction and use) ( amendment No4) regulations 2003, with regards to using a hand held microphone connected to a two way radio.
See http,:// http://www.legislation.hmso.gov.uk/si/si2003/20032695.htm
So, you are legal, but only if a qualified radio ham.
However, if the officer is of the opinion you were driving without due care and attention….??
Forgot to mention
Download the pdf document section for the full info.
The paper also notes the specific transmitted frequencies that are exempt, so CB ers with a fist mic are prosecutable…..and anyone not in full control of their vehicle.
I wouldn’t like anyone to be in the position of being legally in the right, but the morally the wrong, with someone run over. Use a boom mic regardless. Many CB rigs have the facility built in these days too, so there is no excuse.
Surely it would be necessary to prove in law that Amateur Radio was actually the cause of the accident?
Only one hand on the steering wheel?
Scratching your nose?
Smoking ? ..Unhealthy but not illegal.
Winding down a window?
Giving hand sigs…for those still do it? Is that illegal now?
Screening your eyes when the sun is lower than the sun shades/blind?
Changing gear in a non automatic????
I’m inclined to think that the ”two hands on the wheel at red traffic lights” story is a bit of an urban myth.
Dave M0PSY. The lists are frequencies which are forbidden…not the permitted ones.
CB is not in the lists….
Although, what the Blazes frequency plays a part in the matter, I cannot see for the life of me.
It used be illegal to have a viewable screen, visible by the driver.. Satellite Nav. screens? Reversing Screens? Dash Cam?
That seems to have gone…
Oh you bag of wind keep quiet. No one cares about your opinions.
the trouble these days is technology as most of us say sat nav,screens playing your favorite movie ,cb and hamradio complexity of driving well there are not doubt may other things but we live in a world of technology fast cars ,cars than can drive themselves in general motoring is very fast and so unpredictable these days i suppose we all have to live in the real world ,i dont do mobile ham radio these days but do listen most of the time .
i have been driving since i was 17 now nearly 70 2 accidents (not my fault one on the road who ran into the back of me and one in asda car park ,he backed into me.) so i suppose i have been pretty good/lucky ..
best wishes all alan g6fcx
Been HF mobile since 1974 and always used a hand microphone and never crashed yet…I’ll give up my hand mic when smoking and vapping are banned while driving
If a cop isn’t going to get done for driving without due care and attention simply for attending to their radio then there is no reason why a member of the public should be.
Interesting article. Any prosecutions since it was drafted?
Do people really need to use the use the radio whilst in motion? I’d rather pull over or operate from a picnic site than have causing an accident that kills someone on my conscience for the rest of my life. The police are definitely often dodgy b@stards I know that first hand, but I think it’s very arrogant to think that the right to use a radio whilst driving is more important than other people’s lives.
John – The point is that use of 2-way radios whilst driving in the UK is not illegal and is not covered by the ban on mobile phones. As the article says, driving without due care and attention is an offence though. There are a number of distractions that can cause accidents whilst – smoking, eating, fiddilng with the car stereo or sat nav, talking to passengers etc. Legal activities can result in accidents too, and the onus is on ever driver to drive safely.
Personally, I have always hated using a fist mic whilst driving and had a hands free system installed, even before the mobile phone rules were introduced. Trying to drive around a roundabout in a manual vehicle with fist mic in hand is no fun and is probably more dangerous than using a hand held mobile phone.