Network radio - mobile legal status

Forum for DMR, dPMR, NEXEDGE, Mototrbo, MARC, Tetra & all other DIGITAL modes

Network radio - mobile legal status

Postby G4RMT » Tue Aug 21, 2018 10:11 am

One for the amateur legal experts. The simple question of driving with two way radios vs phones. Simple explanation has been a phone where you speak and listen is a phone and one with a press to talk is not so the police are able to speak on their radios and drive, as can taxis cb and hams. The law appears to use frequency of operation. Cellular frequencies (actually not all of them) are how the exemption works. This makes the police replacement for airwave unable to be used while driving and also means our new network radios with Zello over the cellular network are not able to be used. A new law for the police could help us, but until then the basic law people think applies perhaps doesn’t? Maybe? Who knows?
G4RMT
 
Posts: 1411
Joined: Sat Feb 07, 2015 5:45 pm

Re: Network radio - mobile legal status

Postby m0lsx » Tue Aug 21, 2018 12:37 pm

G4RMT wrote: Simple explanation has been a phone where you speak and listen is a phone and one with a press to talk is not so the police are able to speak on their radios and drive, as can taxis cb and hams.


Current Mobile phone law does not state that the device has to be a mobile phone, or mention PTT's. I forget the exact wording but when the current mobile phone law came in I asked for legal verification via my MP & was told that I was correct. Mobile phone law simply says that to be covered the device needs to be capable of being used as a mobile phone. Regardless of if that ability is enabled or not.
I was told via my MP, who had contacted the relevant government department, that although it is obviously down to case law & test cases. That I was correct in assuming that the current Police radio system, (Airwave,) is thus covered by mobile phone law, as it is capable of being used as a mobile phone & the same with some PMR systems. For example the old Anglian Water PMR system was capable of being used as a mobile phone.
I was also told I was correct in assuming that this would make the law a mess to implement in some cases, or until case law was clear about what exactly was covered & what was not.
Buy a database from Kimmy JS19 via http://ukscanningdirectory.co.uk/
Or do Google search of this forum via http://www.google.com/cse/home?cx=partner-pub-6291336405621919:2662881632
73 De Alan (M0LSX.)
http://www.qrz.com/db/M0LSX"
User avatar
m0lsx
 
Posts: 6140
Joined: Wed Nov 21, 2012 9:14 pm
Location: Norwich. TG21.

Re: Network radio - mobile legal status

Postby G4RMT » Tue Aug 21, 2018 3:02 pm

That's what I thought too - but this is the damaging section - Regulation 110.
Link to the Gov site.
STATUTORY INSTRUMENTS
2003 No. 2695
ROAD TRAFFIC
The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003
https://www.legislation.gov.uk/cy/uksi/2003/2695/made

It says in one section.
(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 1949(3).”

The tricky bit being the word OTHER - so something designed to operate on cell frequencies is NOT a two-way radio. Something they will need to sort when EE eventually carries emergency service comms.

What do you think?
G4RMT
 
Posts: 1411
Joined: Sat Feb 07, 2015 5:45 pm

Re: Network radio - mobile legal status

Postby m0lsx » Tue Aug 21, 2018 5:08 pm

When EE carries the emergency devices comm's, they will need to be hands free, as those devices will be much more clearly mobile phones & not definable as radios. Not that the current radios are.

If you look at section two of the regulations you link to above, they specify..

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).


(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.
Buy a database from Kimmy JS19 via http://ukscanningdirectory.co.uk/
Or do Google search of this forum via http://www.google.com/cse/home?cx=partner-pub-6291336405621919:2662881632
73 De Alan (M0LSX.)
http://www.qrz.com/db/M0LSX"
User avatar
m0lsx
 
Posts: 6140
Joined: Wed Nov 21, 2012 9:14 pm
Location: Norwich. TG21.

Re: Network radio - mobile legal status

Postby G4RMT » Tue Aug 21, 2018 7:35 pm

I've also discovered there is something called a privilege SIM that the Home office provide to people like paramedics who need a better level of access priority so it's obviously designed for lone workers.
G4RMT
 
Posts: 1411
Joined: Sat Feb 07, 2015 5:45 pm

Re: Network radio - mobile legal status

Postby m0lsx » Tue Aug 21, 2018 9:15 pm

It's called a High Integrity Telecommunications System, or so I am told & it's part of a Military project fronted by, believe it or not, Airbus & under a very corporate sounding name. Resilient Direct, I think.
Edited to add, it's not just the Police, paramedics etc who have access to these SIM's either. An FOI request showed Highways England have 313 of them.
Put MTPAS. Mobile Telecommunication Privilege Access Scheme into What do they know & lots of hits pop up.

https://www.whatdotheyknow.com/search/MTPAS/all
Buy a database from Kimmy JS19 via http://ukscanningdirectory.co.uk/
Or do Google search of this forum via http://www.google.com/cse/home?cx=partner-pub-6291336405621919:2662881632
73 De Alan (M0LSX.)
http://www.qrz.com/db/M0LSX"
User avatar
m0lsx
 
Posts: 6140
Joined: Wed Nov 21, 2012 9:14 pm
Location: Norwich. TG21.


Return to DMR & Digital Modes

Who is online

Users browsing this forum: No registered users and 1 guest