Thread: using a UHF while driving in QLD...legal i assume?

think employer or primary contractor........

cutting a long story shory we have asked one of our contractors to install UHF's into their trucks to eliminate the use of mobile phones.....

they have asked the question is it legal to operatoe a UHF while driving?

I have done a couple of quick seaches and there seems to be references in W.A. which excludes UHF's from the mobile phone/device rules

buggered if i can find anything for queensland..any body have better search skills than me

I haven't looked up the relevant NSW legislation - but in W.A., use of a CB radio is expressly excluded from the mobile phone use laws and penalties.

From the W.A. Road Traffic Act, 2000, as amended ...

(REGULATION) "265. Use of mobile phones
(1) In this regulation -
body, in relation to a mobile phone, means the part of the phone that contains the majority of the phone’s mechanisms;
held includes held by, or resting on, any part of the driver’s body, but does not include held in a pocket of the driver’s clothing or in a pouch worn by the driver;
mobile phone does not include a CB radio or any other two-way radio;
use, in relation to a mobile phone, includes any of the following actions by the driver of a vehicle -
(a) hold the phone;
(b) enter or place anything into the phone, or send or look at anything that is in the phone;
(c) turn the phone on or off;
(d) operate any other function of the phone.
(2) A driver of a vehicle must not use a mobile phone while the vehicle is moving, or is stationary but not parked, unless -
(a) the phone is being used to make or receive a phone call, other than a text message, video message, email or similar communication, and the body of the phone -
(i) is secured in a mounting affixed to the vehicle while being so used; or
(ii) is not secured in a mounting affixed to the vehicle and is not being held by the driver, and the use of the phone does not require the driver, at any time while using it, to press any thing on the body of the phone or otherwise to manipulate any part of the body of the phone;
or
(b) the visual display of the phone is being used as a driver’s aid in accordance with regulation 264 and the use of the phone does not require the driver, at any time while using it, to press any thing on the body of the phone or otherwise to manipulate any part of the body of the phone.
Points: 3 Modified penalty: 5 PU ( $250)
(3) For the purposes of this regulation, a driver does not use a mobile phone if -
(a) a text message, video message, email or similar communication is received automatically by the phone; and
(b) on and after the receipt, the communication itself, rather than any indication that the communication has been received, does not become automatically visible on the screen of the phone.
[Regulation 265 inserted in Gazette 19 Nov. 2010 p. 57567.]"

Using a 'two-way radio' in WA is indeed legal whilst driving, though there is some wriggle-room regarding 'safe' driving, ie, holding/being tangled up in the mic. lead...
For once, the Law has got things right.

But more importantly, the use of a PTT two-way imposes differant and less dangerous loads on the brain than an unregulated conversation which is often 'simultaneous'. (instant replies and changes of thread on the fly...)

Using a phone also uses parts of the brain that are also used for driving skills, - decision-making I think is one of them... The mind is distracted on several levels, net result is a focus on the fone and not the foot. Or hand. Or eye...
When speaking, and even listening, our body-language is always present in varying degrees. This is not a Good Thing when the hands influence steering...and the foot the speed.

Especially certain, ah, 'Volatile ethnic or intellectually unstable people'

On top of that, a Two-Way in comparison, is rarely used for Deep & Meaningfu - distracting - emotional family issues. Usually commercial or hobby 'Business'

Hands-Free legislation is a pathetic excuse to be Seen To Be Doing Something Safe whilst pandering to the voters.
. Being of a Certain Vintage, I'd call it selfishness, self-deception, laziness and lack of moral character ("Bugger everyone else, I want to do what I want to do any time I want to.... to hell with your safety!")

Processing the written word is another 'distraction', never mind taking the eyes off the road (or speedo, which is the most important function in Vic... ) There's a reason why the most effective road signs have few words.

Driving a bus lets me observe a lot of things you 'passengers' in Crumple-Zones can't possibly see... and yes, I'm often impressed how many wheel-turners simply don't notice a Big ORANGE 70-seat School Bus in the next lane.

- The one they're drifting into...

Apologies for the rant, but when I've got the lives of kids in my care, I get a bit protective...

Disclaimer: - I sometimes use a handheld UHF on the bus to communicate with trucks etc when required. It lives in my top pocket and with a light headset. No, I don't answer my mobile when driving. The boss is happy to wait till I'm parked safely.