Lum wrote:
Awesome. So if I install something similar to Skype on my Nokia 9300 that then send the voice to my Car PC over Wireless which in turn relays it to my works mobile in the glovebox via bluetooth then it will be legal to hold the 9300 to my ear. A mode of operation I find far safer than buggering about with handsfree kits.
Since the offence is to hold the mobile phone while driving and I have adapted my 9300 to relay voice on a frequency which is not on the banned list, it is no longer a mobile phone.
You know I might actually do this just to annoy them.
I did start my reply with "Er, No! - if it's capable of operating on a banned frequency, then it's a mobile phone." However, I've taken another look:
The Regs wrote:
(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.
(d) "two-way radio" means any wireless telegraphy apparatus which is designed or adapted -
- for the purpose of transmitting and receiving spoken messages; and
- 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
So, if your device is designed to transmit and receive spoken messages and designed to operate on any frequency other than those listed it is (for the purpose of these regs) a two-way radio and so exempt from the ban. Note that this does not say that if it also operates on a forbidden frequency it is not a two-way radio - all that is required is that it operates on at least one frequency that is not banned.
Now I have a Nokia 6210i. This is designed for the purpose of transmitting and receiving spoken messages and designed to operate (although not exclusively) on the Bluetooth band (2,400 - 2500 MHz -ish), which is not within a forbidden frequency range. Therefore it is a two-way radio and I am permitted to use it hand-held. I suspect that the same applies to any Bluetooth phone. Even better would be hybrid VoIP/GSM phones like the Samsung SGH-P200 because that they are explicitly designed to use WiFi hotspots where available.
However, Sussex Police disagree with the above. They say in answer to the question, "I've heard that two-way radios can be used, is that true?"
Quote:
Only if the radio cannot be used as a mobile phone. What’s more, it makes no difference if the radio can be used as a mobile phone but is only used as a radio: it is still illegal. If using the radio causes distraction drivers can still be prosecuted.
So be warned. I suspect that the it will eventually be up to the courts to decide whether to interpret the regs strictly or pragmatically.
That said, I've never felt safe using my "two way radio" hand-held and since the advent of Bluetooth have had all my vehicles fitted with a hands-free kit that has a small microphone stuck on the A-pillar near the sun-visor, a two button switch stuck to the dash, and uses the car stero's speakers. When I change phones, I just need to pair the new phone with the car kit (rather than rip out the old and fit a new one).