Use of microphone while driving

Use of microphone while driving

At a recent Land Rover Club event I made a presentation that included the use of a microphone while driving. IT IS LEGAL to use a microphone while driving, and here is a summary of the applicable road rules, for various states around Australia.

"Unlike Mobile Phones there is no legislation that prevents the use of CB radio or any other 2-way radio whilst driving. (See references below).

However, there is legislation covering the proper control of a vehicle. So a driver could face prosecution while using the radio if it's use caused a distraction or affected the standard of driving. The more serious offence of careless or dangerous driving, causing death by careless or dangerous driving are also available to prosecutors if the

distraction can be shown.

Use of a CB radio or any other 2-way radio while driving is not illegal as long as a user maintains proper control of the vehicle.

ACT: mobile phone includes any other wireless hand-held device designed or capable of being used for telecommunication other than a CB radio or any other 2-way radio.[Road Transport (Safety and Traffic Management) Regulation 2000, section 30B,

subsection 3].

NSW: mobile phone does not include a CB radio or any other two-way radio. [Road Rules 2014, Rule 300, paragraph 4].

VIC: mobile phone does not include a CB radio or any other two way radio [Road Safety Road Rules 2009, Rule 300, paragraph 4].

QLD: mobile phone does not include a CB radio or any other two-way radio. [Transport Operations (Road Use Management-Road Rules) Regulation 2009, section 300, subsection 2].

SA: mobile phone does not include a CB radio or any other two way radio [Australian Road Rules 2014, Rule 300, paragraph 4].

WA: mobile phone does not include a CB radio or any other two way radio [Road Traffic Code 2000, Regulation 265, paragraph 1]."

As you can read they key point is that you have full and proper control of your vehicle.

The interesting grey area is what happens when using a handheld radio, especially when you consider the cameras they are now using to detect mobile phones.

I decided that for the sake of a $50 outlay I would by a speaker/microphone for my ID-51A, so that I'm not risking having it confused with a mobile phone, and having to go to the expense and hassle of challenging a traffic infringement notice.

Our thanks to Phillip VK3LRO for writing up and posting this on the clubs Forum!!