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This week's answers have been supplied by a team of lawyers from Backhouse Jones based in Clitheroe, Lancs.
Page 42
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Over and out
What is the law regarding the use of two-way radios such as CBs when driving? I was given a fixed-penalty notice with a fine of £60 and three penalty points after the police spotted me speaking on the radio while driving a on a motorway. I was charged with being not in control of the vehicle'. I believe the legislation on mobile phones excludes two-way radios Brian Tong Montgomery Transport Preston, Lancs
The current law has two main offences which cover the use of mobile phones and two-way radios. The regulation specific to mobile telephones and mobile communication devices, Regulation 110 of the Construction & Use Regulations, does exclude two-way radios from its scope.
However, there has long been an offence of driving when not in proper control of the vehicle. Historically this offence was used to prosecute users of mobile phones before specific legislation was brought in. The police must be in a position to prove you were not in proper control.
The penalty is exactly the same as for mobile phone misuse, and can similarly be dealt with by way of a fixed-penalty notice (as in your case).
If you have not accepted the fixed-penalty notice and believe your use of the two-way radio did not prejudice your control of the vehicle you can challenge the allegation. It will be a matter for the magistrate's court to decide whetheryou have a defence or not.