by CB radio conversation
In view of the emerging concerns of interpretation of the law on road traffic in the use of CB radio while driving, inform the Police Headquarters, that the currently applicable legislation in this area, do not prohibit the use of facilities nadawczoodbiorczych CB radio. In accordance with Article
. Paragraph 45. 2 point 1 of the Act of 20 June 1997. Road Traffic Law (Journal of Laws of 2005. Nr 108 poz. 908, as amended. D..) You MUST cited vehicle shall be prohibited:
1) to use the phone while driving or requiring hands-free microphone in his hand;
Legal Office KGP put forward the view, which shows that the provision applies only to mobile phones.
should however be stressed that, while the same call via CB radio is not prohibited, but in some circumstances the driver, using CB radios, their behavior can contribute to difficulties or to jeopardize the safety or public order in road traffic, for which they may be held liable. Under Article
. Three paragraphs. A participant of the road traffic and the other person is on the road are required to exercise caution or where the law requires it - special care to avoid any action which would cause a safety hazard or a road traffic order is hinder or in connection
traffic disturb the peace or public order and expose anyone to harm.
should also be pointed out that drivers who were fined for using the criminal law while driving with CB radios are not entitled to absolute right to apply for a waiver of the mandate of the criminal law, and thus to refund the fine. Any such case must be examined on an individual basis, taking into account the actual circumstances and the reasons justifying the imposition of the mandate.
Link: http://www.policja.pl/portal/pol/166/19857/Rozmowa_przez_CB_radio.html
approval, the position of the police:
accordance with § 2. 1 point 6 of the Minister of Transport of 3 July 2007. the equipment for radio broadcasting or
transceiver that can be used without the permission of Radio (Journal of Laws No. 138, item. 972) does not require a license to use radio equipment CB Radio Citizens
only in the frequency range 26,96-27, 41 MHz, operating with frequency modulation or amplitude (AM / FM / SSB) of the transmitter output power to 4 watts for AM and FM and 12W power (PEP) for SSB.
Current regulations do not require the user devices to have a CB radio and presenting at the request of traffic control authority approval certificate or declaration of conformity Utilised device.
There is, however, that the type of CB radio equipment located in the vehicle can push the police officer suspected that it is in circulation, although it does not meet the formal requirements. There are cases of modifications of the construction equipment and acceptable performance. There are also cases
bringing equipment from outside the Polish border, where the parameters are not always in line with Polish law.
If there are legitimate doubt as to the equipment in use, the natural behavior is to attempt to verify (if possible on the spot), to verify that the vehicle CB radio has been admitted to trading on the Polish market. Very helpful in this case will show the policeman Approval Certificate or Declaration of Conformity. And although there is no obligation to have this document with you, it is possession of a large extent can help both parties to prove the fact of lawful use.
In the absence of such a document, you may be exposed to the need for device security pending investigation. This also means that the purposes of an investigation would have at a later date to provide such proof in order to avoid being accused of wrongdoing, or even a crime.
Link: http://www.policja.pl/
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