is it legal to have a vhf in car

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skiptalker
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is it legal to have a vhf in car

Post by skiptalker » 26 Apr 2016, 20:08

can anyone tell me the facts about having a vhf radio in a car, the reason i ask is a friend who is not licenced was sitting at his local dx spot with a lincoln an a vhf/uhf radio just swl. the rozzers normally dive past an wave at him as he's always parked there an know his car ,but one pulled up yesterday an asked him for his licence for the vhf radio. he wasnt interested in the lincoln at all, he said he was only listening on the vhf but told him to he still needed a licence to have it in his car as the mic was connected , can anyone confirm if this is true or not .

thanks
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Re: is it legal to have a vhf in car

Post by Admiral » 26 Apr 2016, 20:14

I have a VHF radio in my car, Classic FM all day long.

You do not require a licence to listen to the 2m amateur band whether it has a mic on or not. That would mean every Bumfeng would need a licence as they have a mic on them and a PTT.
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Re: is it legal to have a vhf in car

Post by skiptalker » 26 Apr 2016, 20:26

thanks admiral i told him this just wanted to check , the rozzer must have got out of bed on the wrong side lol cheers
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Re: is it legal to have a vhf in car

Post by paulears » 26 Apr 2016, 20:29

Is that little clause still in the 2006 version of the Wireless Telegraphy Act? The bit about having in your possession radio transmitting apparatus you do not have a license for? I thought it had gone, but maybe not?

EDIT Found it.
36Keeping available for unauthorised use

(1)A person who has a wireless telegraphy station or wireless telegraphy apparatus in his possession or under his control commits an offence if—
(a)he intends to use it in contravention of section 8; or
(b)he knows, or has reasonable cause to believe, that another person intends to use it in contravention of that section.
(2)A person who commits an offence under this section where the relevant contravention of section 8 would constitute an offence to which section 35(2) applies is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(3)In the application of subsection (2) to Scotland or Northern Ireland the reference to 12 months is to be read as a reference to six months.
(4)A person who commits an offence under this section in relation to receiving apparatus is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5)A person who commits an offence under this section other than one falling within subsection (2) or (4) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale or to both.
(6)In the application of subsection (5) to Scotland or Northern Ireland the reference to 51 weeks is to be read as a reference to six months.
The critical thing here would be (in my totally unqualified opinion) them proving intent - however, as plugging in a microphone is optional, plugging it in would seem to be a pretty good pointer towards the fact that at some point, the button would be pushed - otherwise, why plug it in?

The fact they asked him for the license for the VHF radio suggests that they must have taken some advice on the legality situation. Mind you, there's no requirement to carry your license with you is there - as I'm sure they can access the database of licence holders. Maybe they did this, and discovered his name wasn't on it?

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Re: is it legal to have a vhf in car

Post by skiptalker » 26 Apr 2016, 20:37

good point , tho the radio is a wouxon 920 the audio actually comes out the mic . he has been talking about getting him ticket as years, this just might be the kick he needed lol
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Re: is it legal to have a vhf in car

Post by LeakyFeeder » 26 Apr 2016, 20:55

Best thing is to get yer ticket... If yon plod had any suspicions at all he wud have seized the tackle....

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Re: is it legal to have a vhf in car

Post by skiptalker » 26 Apr 2016, 20:59

yea best to do it , ive been on at him to for ages to do it, he didnt bother but mite have to now cheers
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Re: is it legal to have a vhf in car

Post by JollyRoger » 27 Apr 2016, 07:30

Who gets prosecuted?

The largest proportion of prosecutions under the Wireless Telegraphy Acts are for breaches of Section 8 of the 2006 Act. Such breaches take one of two forms, either the user:

has no licence at all; or
has installed or is using radio equipment outside the terms of the licence or
exemption.

These are offences under section 35 of the 2006 Act. In the interests of an interference free service and especially if there is a risk to safety, we may well have to close down a radio transmitter when it is causing problems.

http://stakeholders.ofcom.org.uk/enforc ... cement/law
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Re: is it legal to have a vhf in car

Post by MrWeetabix » 27 Apr 2016, 07:36

Grumpy Plod is Grumpy...... mic connected does show intent, so if he's going to sit and listen in future, he needs to find a way to have it disconnected really

Also, I do believe there's still a clause in the UK that states you are now allowed to listen to transmissions that are not intended for you, with the exception of CB and HAM radio. So it would also depend on what your friend was listening to.

Just collect the tokens and send off to Kellogs for the licence, its the best way :lol: :lol: :lol:
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Re: is it legal to have a vhf in car

Post by GeeFull » 27 Apr 2016, 14:01

MrWeetabix wrote:Grumpy Plod is Grumpy...... mic connected does show intent, so if he's going to sit and listen in future, he needs to find a way to have it disconnected really

Also, I do believe there's still a clause in the UK that states you are now allowed to listen to transmissions that are not intended for you, with the exception of CB and HAM radio. So it would also depend on what your friend was listening to.

Just collect the tokens and send off to Kellogs for the licence, its the best way :lol: :lol: :lol:
You don't even need the tokens these days, just mention "Kelloggs" sent you, at your nearest examination center, and you are good to go! :D
If he only wants to "listen", why even have a transceiver, mike connected or not, when a cheep second hand scanner will do the job?
Call me suspicious, but something tells me there's more to the "transceivers" installation than a simple bit of harmless VHF/UHF SWL'ing!
And if that is the case, let's hypothetically say for 446 MHz use, then in this instance "the rozzers" were quite right to question the legitimacy of the installation! ;)
Just saying.
Last edited by GeeFull on 27 Apr 2016, 14:12, edited 1 time in total.

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Re: is it legal to have a vhf in car

Post by LeakyFeeder » 27 Apr 2016, 14:11

Kellogs eh!! Maybe laddo is an 'own brand' type.... :wtf:

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Re: is it legal to have a vhf in car

Post by Farty » 27 Apr 2016, 16:43

The Feds don't have a power to request to see a ham licence.

TBH it's so easy get a Kelloggs ticket, and vhf scanners are so cheap, there's no excuse to be poncing about a transceiver if he's no licence.
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Re: is it legal to have a vhf in car

Post by Admiral » 27 Apr 2016, 16:49

Not too sure it's the job of the Old Bill, will they be knocking on doors and checking TV Licenses next to create a bit of revenue?

It is the job of the plaintiff to prove intent, it is not the job of the accused to prove non-intent.

Having a mic plugged in does not prove any intent to TX as in driving a car capable of exceeding 70mph doesn't prove intent to breaking the speed limit.

I find it odd that the fuzz have nothing better to do with their time than this, maybe the Bobby is an M3 poking his nose in?
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Re: is it legal to have a vhf in car

Post by Auldgeek » 27 Apr 2016, 17:06

skiptalker wrote:good point , tho the radio is a wouxon 920 the audio actually comes out the mic . he has been talking about getting him ticket as years, this just might be the kick he needed lol
menu option to port audio through mic or through internal speakers so he could unplug the mic.
I'd echo other comments about getting the ticket though. Best option.
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Re: is it legal to have a vhf in car

Post by skiptalker » 27 Apr 2016, 17:19

thanks for the info , i have passed all onto him . cheers for you input
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