GARDA agianst CB Radio!!!

da_biker_boy

Hola Amigos!

Yesterday I was stopped by a Gardai officer claiming that I was using a CB Radio while passing him by and that CB radio in Ireland is illegal and I need licence to use it.
I strongly argued with him that I didn't use it when I was passing him by (I was holding a black wallet and scratching my face when I was passing him by and he took that as a CB radio microphone). I also tried to explain him that the radio is legal and it has all the needed certificates and there is no need to have a licence for that type of CB.
But this fresh Gardai officer is of course the most intelligent person in the world and took all my details so probably I'll be taken to court because of that.

Now I'm looking for the solid law that states that the CB I'm using is legal and I don't need a license to use it. I also want to find out is it legal talk over the CB radio while driving.
I probably will not win this case... how could it be that the Gardai looses heh not in this country... but I'll try my best because I haven't done anything wrong and I want to prove it.

So I'm asking you for help this time... if you come across any SOLID REGULATIONS about using the CB while driving and having a one in the car I would appreciate it if you could post them in this topic.

The specs of my CB Radio:
TTi TCB-880
1471 CE declaration

Applied norms:
ETSI EN 300 433-1 v 1.1.3
ETSI EN 300 433-2 v 1.1.2
ETSI EN 300 135-1 v 1.1.2
ETSI EN 300 135-2 v 1.1.1
ETSI EN 301 489-1 v 1.4.1
ETSI EN 301 489-13 v 1.2.1
EN 60950-1:2001

European Union frequency: 26,965 - 27,405 or 26,960 - 27,400 MHz
40 channels AM 1 WAtt and FM 4 Watt
(I can switch the different frequencies for a different country)
Antenna: Hustler IC-100 frequency 26,0 - 27,5 MHz 50 Ohm


Good luck on the roads!

da_biker_boy

I was at a Garda Station today and asked about the law of using a CB radio. The information I have got is that you can use a CB radio but they are not sure hehe the next information I got that you can be fined while using a CB and driving at the same time same as using a mobile phone... but again they are not sure so what do they know ??
The main idea for me now would be to prove that a CB radio is not the same as a mobile phone. Again, I need some solid law regulations and find that out. I was surfing the net all day to get the info about using a CB whilst driving and I couldn't find anything. As you can see even the Gards don't know the law that regulates it.

I would love to get some info about that from you.

Cheers,
da_biker_boy

Turner

Think this was brought in as part of the road traffic act 2006, same as holding the mobile phone. I have put the relevant text for the OP in bold.

(4) The Minister may, to avoid the impairment or interference
with the driving capacity or capabilities of the driver of a mechanically
propelled vehicle, make regulations in relation to the restriction
or prohibition in mechanically propelled vehicles in public
places of the use of—
(a) a mobile phone (other than in the circumstances referred
to in subsection (1)),
(b) an in-vehicle communication device,
(c) information equipment, or
(d) entertainment equipment.
(5) Different regulations may be made under subsection (4) for
different classes of cases coming within the same class of equipment
or for different classes of vehicles in relation to such equipment or
different classes of persons.
(6) A person who contravenes or fails to comply with regulations
made under subsection (4) is guilty of an offence.
(7) It is a defence for a person charged with an offence under
subsection (3), in relation to holding a mobile phone while driving a
mechanically propelled vehicle, or under subsection (6), in relation
to the use of a mobile phone or an in-vehicle communication device,
to show that he or she was—
(a) using it to call the Garda Sı´ocha´ na, an ambulance, fire or
other emergency service on numbers prescribed for such
service, or
(b) involved in or acting in response to a genuine emergency.
(8) A person guilty of an offence under this section is liable on
summary conviction to a fine not exceeding \2,000.(9) In this section—
“hands-free device” means a device designed so that when used in
conjunction with a mobile phone there is no need for the user to
hold the phone by hand;
“hold”, in relation to a mobile phone, means holding the phone by
hand or supporting or cradling it with another part of the body;
“interactive communication function” includes—
(a) sending or receiving oral or written messages,
(b) sending or receiving facsimile documents,
(c) sending or receiving still or moving images, or
(d) providing access to the internet;
“in-vehicle communication device” means a communication device
designed or adapted to be attached to or integrated into a mechanically
propelled vehicle or which may be used in or on such a vehicle[2006.] [No. 23.] Road Traffic Act 2006.
and with which a person is capable of making or receiving a call or
performing an interactive communication function and includes a
two-way radio;

da_biker_boy

Thanx Chief

So it means that I can be fined for using a CB while driving... the only thing is that I wasn't but that Garda officer strongly believes that I was. So if it comes to a court case I don't have a chance to win it... it's obvious that the judge will be on the Gardai side.

The only thing I can do now is wait and see if I get a notification of a court case. Hopefully it won't happen but the Gardai took all my details and I didn't confirm of using a CB at that time. Just before he let me go he said: "you can say whatever you want but I am sure you were using that CB when you passed by me". There is no witnesses because I was on my own as well as that Gardai.

watty

There is a Bluetooth Handsfree adaptor for 2 way radio (Ham, CB etc)
http://www.wsplc.com/cgi-bin/sh000001.pl?REFPAGE=http%3a%2f%2fwww%2ewsplc%2ecom%2facatalog%2fSpecial_Offers%2ehtml&WD=bluetooth&SHOP=%20&PN=Mobile_Mics%2ehtml%23a6248#a6248

* NOW BACK IN STOCK * Convert your mobile rig to Bluetooth technology * Easy to install * Powered from the rig * Compatible with virtually any bluetooth headset * Allows private conversations * Freedom of movement - no leads to get caught up in * Can be used outside of vehicle (up to 10m) * Users can be seated anywhere in the vehicle * Single press PTT on headset (not supplied) * Mic lead not supplied * Mic lead accessories available for various rigs
Price: £99.95 / €144.93 Inc VAT


A bit pricey.

I've used a PC mic on stalk (about 3 Eur in Maplin) and both vox and click on/ click off PTT solutions. I think vox plus mic on door/windscreen frame is cheapest and best solution. Not hard to add to any 2 way rig, CB or other.

Generally actually if the Garda was junior and they have doubts how clear the law is they won't go further, unless you was argumentative and got their backs up and look like scum

I've had a case dismissed by the Garda in court by the senior Garda telling judge it should be struck off and was a mistake to bring it. Car but not radio related.

Nothing is a forgone conclusion, either way.

DublinWriter

Chief--- wrote: »

(d) entertainment equipment.

So basically listening to your car-radio whilst driving is illegal?

watty

only if you watching it or holding it in your hand?

humaxf1

the law is an ass... how many times do you see a garda car pulled over with a driver ONLY, using the radio to request to go on the grub!!!

to the OP: where's the hard proof that you had the mic in your hand? it's your word against the garda's word. the garda said "but I am sure you were using that CB when you passed by me" sounds kinda vague to me. you either were or weren't using it.

keep us informed.

ChapOfDRyans

when you say cb does this mean you have a scanner and can listen into the gardi if so is that illegal

watty

Scanners and CB are completly different.

Cantab.

ChapOfDRyans wrote: »

when you say cb does this mean you have a scanner and can listen into the gardi if so is that illegal

You won't be able to listen to the gardai for much longer. They are in the process of upgrading to TETRA and they'll probably be using AES encryption.

Won't be breaking that code any time soon. Although, there are a couple of routes that could be explored...

If you're really interested in what the gardai are saying, best get yourself one of these PCI software radio cards, read up on GSM cracking (use that FPGA do do some cracking!), plonk yourself outside Pearse Street for a couple of hours and away you go.

It won't be long before everyone's using 3G SIM cards and they're 256-bit encryption I believe. I imagine 3G would be a lot harder to crack than a Tetra system given the frequency diversification features of 3G.

The Muppet

humaxf1 wrote: »

how many times do you see a garda car pulled over with a driver ONLY, using the radio to request to go on the grub!!!

Is that all they use them for?

OP i wouldn't worry too much about facing prosecution over having the CB in the car though if he thinks you were using it while driving he may pursue that and you will find it difficult to prove your innocense. Did he write you up?