Where do we stand or Citizens Band radio?
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There are an estimated million sets in the UK: Brian Chalmers-Hunt investigates the legal background and suggests that once the proposed new frequencies are authorised, CB can aid transport operators
THE USE of Citizens Band radio equipment that operates in the 27MHz band is growing monthly by an estimated 16 per cent. According to the latest figures being quoted, which are confirmed by the number of aerials sold, more than one million sets are now in users' hands in the UK.
At present no specific legislation exists to cover Citizens Band, and CB is often referred to as illegal. However its illegality 's not under any one specific directive but arises from a corndination of existing sections of he Wireless Telegraphy Act 1949,
The Wireless Telegraphy Act 1949 Section 1 Paragraph (1) ;ays no person may establish or se any station for wireless elegraphy or install or use any apparatus for wireless telegra)hy except under licence. This neans that all users of wireless elegraphy equipment who do tot have such a licence are in treach of the Act. Licences are thtained from the Home Secre tary's Office, but not for 27MHz.
Section 5(A) Paragraph (1) makes it an offence to use wireless telegraphy with intent to procure information as to the contents of any message which neither the person using the equipment nor any person on whose behalf he is acting is authorised to do so.
Section 7 of the Wireless Telegraphy Act 1967 deals with the powers given to the Home Secretary to restrict the manufacture of or importation of certain equipment.
To support the use of these powers, the Home Secretary in 1968 made an order embodied in a Statutory Instrument number 61 titled "The Radiotelephonic Transmitters (Control of Manufacture and Importation)" which became enforceable on April 1, 1968. This prohibited the manufacture and importation of apparatus capable of transmitting between 26.2 and 29.7 megacycles per second or between 88 and 108 megacycles per second even if the equipment is capable of transmission on other frequencies.
Therefore if CB radio equipment is imported, manufac
tured, constructed, or adapted for 27MHz use, Section 7 Paragraph (5) states that this is prohibited. Theoretically it is illegal to use such equipment to monitor and listen to 27MHz transmissions.
However, monitoring 27MHz is a grey area because in theory one can listen to 27MHz only if the equipment you possess was legally imported or manufactured in the UK and not capable of transmission and only if there are no stations on channel on British soil.
Readers will know of radio sets that can be purchased legally in the UK that will receive 27MHz without modification.
Many European countries have legalised 27MHz, so listening to their transmissions is not illegal. But here again confusion arises because the UK has signed the Treaty of Rome. In this document 27MHz was agreed as being allowed for transmission (for example, CB) but existing laws in the UK conflict with European laws and 27MHz remains illegal in the U Theoretically again it is not offence to possess equipme capable of transmission, but tl majority of CB equipment h been illegally imported ar therefore avoided import duI This is where HM Customs at Excise enter the scene. C and are -empowered to trace at confiscate the equipment (Stat tory instrument 1968 no 6 But because duty cannot be pa on goods not allowed by law the country it is possible to ir port the components that mai up a "CB" set legally (in I form?) pay duty on these cor ponents and importation is r longer an offence.
However, if one assembles CB kit, like a Meccano set, produce a working assembly h one's pleasure, this is contra to Section 7 paragraph 5.
If the kit has not been asser bled by the user, possession not an offence but concealir the source and assembler is E offence by obstructing the polit in the persuance of their dut The British Telecom Radio 11 terference Service is empt wered by the Secretary for Sta for the Home Office to uphol the conditions of the Wirele: Telegraphy Act 1949 and 1967.
A licence for voice modulatic frequencies from 26.1 to 29.7 Hz is unobtainable and will not ! issued. A radio modeller's ence for 27MHz does not ver CB equipment capable of ch modulation.
Transmission is an offence thout a licence having been ;ued before transmission and oof of such a transmission ust be obtained. This may be ther an admission of use once e operator has been chalnged or evidence of the ■ ntent of transmission proved be radiating from the said luipment.
It is necessary to prove that ich equipment is capable of lnsmission. Blown fuses or incealed relays will not fool ly Home Office or British lecom expert. When investisting an alleged CB offence a )lice officer does not have the awer of arrest or the right to arch a vehicle or premises. In )th cases prior permission and rthority to act must have been )tained from Customs and Exse.
Equipment may only be deined with a search warrant or ith the owner's consent. Addi)nally, equipment can only be ;tained pending a prosecution ider the Wireless and Telegraiy Act. If there is not enough (idence for such a prosecution e equipment will have to be turned to the owner unless rstoms and Excise seized the iuipment as illegal contraband. Technically when confronted the police a user can close the 113 door and say "You can't take y equipment, what are you )ing to do about it?" The police ould then have to obtain Cusins and Excises permission to ,move the equipment and this ould still require a search war ant.
The police can, however, si?step the whole issue and lake an arrest on another large, using either the contro;rsial suspect and detain (SUS) the anti-terrorist detain. Alteratively they can try for a faulty ]hicle so that once they have le vehicle and alleged operator : the police station they can ien inform British Telecom and Customs and Excise at their leisure (the law requires this at the earliest opportunity). The offences quoted will then be "installation, transmission, and importation/: Any equipment detained either with the owner's or user's permission or with a search warrant must be receipted.
There is no power to detain other than as evidence pending a prosecution anything except the set itself. Any other accessories detained must be receipted and returned after the case has been heard. Such retention of accessories must be with prior permission and knowledge of the Customs and Excise. They may well request to see receipts showing legitimate purchase of such accessories.
When questioned in the House recently, Timothy Raison, Minister of State, Home Office, said that he could not announce an immediate amnesty for users of Citizens Band radio frequencies pending a Government announcement. He did, however, state that in light of the response to the discussion document the Green Paper, of which over 46,000 copies have been distributed, the possibility of introducing a service on a lower frequency in addition to one around 930MHz was being reviewed.
WIRELESS TELEGRAPHY ACT
HOME SECRETARY William Whitelaw earlier this month anounced that Britain will have a legal Citizens Band service by the autumn of this year and tile frequencies to be authorised will be 27MHz FM and a second one around 930MHz FM.
However, no further details were given on how users or equipment are to be licensed, licence fees or channel spacing. No doubt this will be available nearer to the legalisation date.
This announcement does not immediately legalise existing AM or FM equipment and does not give amnesty on illegally imported or operated sets.
Commenting on the introduction of the new service, the Minister of State for the Home Office, Timothy Raison, said: "I hope we can reply on those with illegal equipment to act responsibly and stop using it."
The proposed frequencies have angered many currenl illegal CB users on the 27MH2 AM frequency, which is to re. main illegal, particularly as thi frequency is used on the Conti. nent. It seems unlikely tha! owners of AM equipment wil abandon it in favour of the Gov• ernment's proposed FM fre. quency.
CM does not condone the ust of CB radio once it has become legal and while the equipment if being operated within thE confines of the law.
It is agreed that CB could helf the transport industry, especiall) to counter theft and call aid tc road accident victims, as well a: helping drivers in unfamilia areas. However, its use could Ix a distraction when the driver having to concentrate on our al ready congested roads.
Equipment-must be correct!) installed within easy reach of th( driver so that controls and chan nel numbers are easily seen an( mike cables positioned so tha they do not wrap themselvel around the steering wheel. Thil will help reduce any loss of con centration if the driver does, re gretfully, use the equipmen while mobile.
Until a final decision is made 27MHz AM sets will continue t( be installed in lorry cabs, an even more Breakers will be or channel 14. However, Mr Raisor has promised to make an an nouncernent as soon as pos sible.