Dunno about the republic laws on mobile phone and driving....

martinedwards

Last night I was heading off in the car to collect one of the kids from the cinema and turned on my radio.

I drove along chatting to MM6CTH (Shane) through the GB3NI repeater. in front of me, stopped at a level crossing was a police patrol car. The gates lift and we drive off with me still chatting away to Shane. At the traffic lights 1/2 a mile further on the blue lights go on and the Officer from the passenger side gets out and comes to the drivers door.

ALWAYS be polite with the good folks of the police of course

are you taxiing? he asks..... (no taxi plates so he'd have had me there.....)

"No its Ham radio" says I, "Callsign MI0OIM, and it's legal for me to use it as I'm driving"

"are you sure" he asks, so I explained how the law on phones doesn't apply to microphones so that he could use his radio mounted on his stab vest. Unfortunately, I didn't have the actual letter of the law off pat, but I told him that all was fine and dandy and while if I was driving dangerously as a result, then certainly I was open to prosecution, but not for simply using the mic, as it was fully legit.

I suggested that he take a record of my reg no and if I was wrong to please get in touch, but it IS right, really.

Poor guy was bewildered. obviously there are too many laws for an officer to know them all, and in future I will have a copy of both my licence and the relevant law (below) in the glove box of the car, for back up, but he went off dubious but (for the time being anyway) happy!

The Road Vehicles (Construction and Use) (Amendment) (No.4) Regulations 2003 Statutory Instrument 2003 No 2695.

http://www.legislation.gov.uk/uksi/2003/2695/contents/made

watty

He could just say you were driving with out due care and attention.

Handsfree kits for Mobile are "legal". But in reality the "Mobile Phone in Hand while driving" law is superfluous in UK & Ireland as doing ANYTHING that impairs your ability to control the car always was illegal. e.g. shaving, lighting a cigarette etc. Someone was prosecuted for careless driving because they were eating an apple.

So while technically using a hand mic is not breaking the "mobile phone in hand" law, it may be breaking the law generally and can be construed to break the spirit of the law.

There is talk of even banning "hands free kits" in UK and Ireland as the act of having a conversation with someone outside the car can dangerously reduce your concentration on the road.

I gave up using mobile in town and back roads years ago. It's too much a distraction especially if some bad connection via Echolink or one or other parties not quietening the Repeater. UK laws or interpretation of them obviously don't apply anywhere else in E.U., France seems to be a place that is full of pit falls for the Foreign visiting Driver.

So you might be technically correct, I've always assumed so. But as you say arguing the point with an Officer of the Law in any country can sometimes go badly. This is why dash mounted continuous video recording is popular in Russia, if it's your word against an Authority or someone Richer you lose

martinedwards

watty wrote: »

He could just say you were driving with out due care and attention.

Absolutely, no argument there, but I wasn't and that wasn't why he came to talk to me.

I am always 100% respectful to the Police, as a generally law abiding citizen, I have little to fear and I have family & friends on the force, but this was a situation where the poor guy just didn't know this tiny loophole in the law.

Likewise I don't use the radio where the roads aren't wide clear and easy to navigate. No city centre or twisty country lanes.