Top Gear, mobile phones and the law

tsb

Having just watched the last Top Gear programme, where they were driving around Cornwall in homemade camper vans , the presenters were talking to each other on walkie talkies. I know using a mobile phone is illegal while driving so how come walkie talkies are ok.

mikey72

Because the law only applies to mobile phones, not radio's, cb's, walkie talkies etc.

scbk

" Mobile telephones
110. - (1) No person shall drive a motor vehicle on a road if he is using -

(a) a hand-held mobile telephone; or (b) a hand-held device of a kind specified in paragraph (4).

(2) No person shall cause or permit any other person to drive a motor vehicle on a road while that other person is using -

(a) a hand-held mobile telephone; or (b) a hand-held device of a kind specified in paragraph (4).

(3) No person shall supervise a holder of a provisional licence if the person supervising is using -

(a) a hand-held mobile telephone; or (b) a hand-held device of a kind specified in paragraph (4),

at a time when the provisional licence holder is driving a motor vehicle on a road.

(4) A device referred to in paragraphs (1)(b), (2)(b) and (3)(b) is a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data.

(5) A person does not contravene a provision of this regulation if, at the time of the alleged contravention -

(a) he is using the telephone or other device to call the police, fire, ambulance or other emergency service on 112 or 999; (b) he is acting in response to a genuine emergency; and (c) it is unsafe or impracticable for him to cease driving in order to make the call (or, in the case of an alleged contravention of paragraph (3)(b), for the provisional licence holder to cease driving while the call was being made).

(6) For the purposes of this regulation -


(a) a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function;

(b) a person supervises the holder of a provisional licence if he does so pursuant to a condition imposed on that licence holder prescribed under section 97(3)(a) of the Road Traffic Act 1988 (grant of provisional licence);

(c) "interactive communication function" includes the following:

(i) sending or receiving oral or written messages; (ii) sending or receiving facsimile documents; (iii) sending or receiving still or moving images; and (iv) providing access to the internet;

(d) "two-way radio" means any wireless telegraphy apparatus which is designed or adapted -

(i) for the purpose of transmitting and receiving spoken messages; and (ii) to operate on any frequency other than 880 MHz to 915 MHz, 925 MHz to 960 MHz, 1710 MHz to 1785 MHz, 1805 MHz to 1880 MHz, 1900 MHz to 1980 MHz or 2110 MHz to 2170 MHz; and

(e) "wireless telegraphy" has the same meaning as in section 19(1) of the Wireless Telegraphy Act 1949URL="http://www.opsi.gov.uk/si/si2003/20032695.htm#note3"]3[/URL."


EXPLANATORY NOTE

(This note is not part of the Regulations)

These regulations amend the Construction and Use Regulations 1986 by inserting a new regulation 110.

Regulations 110(1) and (2) prohibit a person from driving, or causing or permitting a person to drive, a motor vehicle on a road if the driver is using a hand-held mobile telephone or similar device. Regulation 110(3) prohibits a person from using a mobile telephone or similar device while supervising a holder of a provisional licence at a time when the provisional licence holder is driving a motor vehicle on a road. It is an offence under section 42 of the Road Traffic Act 1988 to contravene these regulations. Regulation 110(4) provides a definition of devices that are considered similar to hand-held mobile telephones for the purpose of these regulations. This definition excludes two-way radios.

Regulation 110(5) provides that in specific circumstances a person will not breach the regulation. Where a person makes a call to the emergency services on 999 or 112 in response to a genuine emergency where it is unsafe or impracticable for him (or the provisional licence holder) to cease driving while the call is being made, the regulation is not breached.

Inactive

tsb wrote: »

Having just watched the last Top Gear programme, where they were driving around Cornwall in homemade camper vans , the presenters were talking to each other on walkie talkies. I know using a mobile phone is illegal while driving so how come walkie talkies are ok.

Top Gear is made by !!!!!! heads.

It irresponsible and less mature than CBeebies.

tomstickland

that's why it's good entertainment.

Harry_Flashman

Inactive wrote: »

Top Gear is made by !!!!!! heads.

It irresponsible and less mature than CBeebies.

Your opinion but personally I think those three have the best jobs in the world ever!!!!

They're right on this one though. I have researched it (as someone who uses two-ways as a part of one of my hobbies) and radios are legal to use - although you could fall foul of driving without due care and attention.

Aspiring_Writer

I have enjoyed TG for years, the old format, even going back to William Woollard ( remember him?) and the new format. But I think certain aspects of this show are tired now. Star In A Reasonably Priced Car is hmm, heading for the can. And 'some say...' the prelude to the Stig is getting stretched beyond plausibility now.

Just think the premise of the show, 3 middle aged blokes being irreverent about almost everything is yesterday news. And as for Hammond, was it his accident or did he overhear a woman say she thought he was cute and started believing it? what a !!!!!!

Sorry OP, bit of a rant there, but I am beginning to prefer 5th gear. Now if they could just get rid of that daft blond tart we'd have a decent show...

Strider590

tsb wrote: »

Having just watched the last Top Gear programme, where they were driving around Cornwall in homemade camper vans , the presenters were talking to each other on walkie talkies. I know using a mobile phone is illegal while driving so how come walkie talkies are ok.

Because mobile phones are used for long drawn out conversations, while radio's are used for brief communications.

Inactive

tomstickland wrote: »

that's why it's good entertainment.

Possibly is for their target audience, not for me, I think it is pathetic.

Harry_Flashman

So don't watch it?

Inactive

Harry_Flashman wrote: »

So don't watch it?

I don't ...but I still get bombarded with BBC " adverts " showing the dumbo's being total plonkers.