Is it illegal to use a UHF radio while driving?

It’s illegal to use a mobile phone while driving. We all know that. But there still seems to be some confusion around whether it’s also illegal to use a UHF while driving.

There’s no doubt that distracted driving is dangerous. That applies whether you’re holding your mobile phone, eating a meat pie, trying to discipline the kids in the back, or doing all of the above at once. We’ve all seen people doing this sort of stuff on the freeway.

A local study a few years back called the Australian Naturalistic Driving Study looked at drivers in NSW and Victoria. It revealed that 36 percent of distractions were simple things like adjusting seatbelts. These usually took less than five seconds. Interacting with phones made up 3.5 percent of distractions. The scary part? Drivers were distracted for up to 94 seconds while using phones. That is a lifetime at highway speeds.

Mobile phone use while driving has become the number one target for law enforcement agencies. Heavy fines and demerit points apply across the country if you are caught holding a phone.

It used to be just a NSW thing, but mobile phone detection cameras are now a national reality. You’ll find them in Queensland, Victoria, South Australia, the ACT, and Western Australia. Tasmania is also getting in on the action.

We have heard anecdotal evidence of drivers being pinged by these cameras while holding everything from a hairbrush to a drink bottle. Naturally, 4X4 owners are worried that their UHF mic looks suspicious to an AI camera. As always, the devil is in the detail. But we’ll get into that shortly.

It is illegal to hold and use a mobile phone

In every jurisdiction in Australia, it is illegal to hold or touch a mobile phone while driving. The legislation is strict. Drivers must not use a mobile phone while the vehicle is moving or stationary but not parked. There are limited exceptions. You can use a phone in a secured mounting for calls or navigation. You can use it if it is connected via Bluetooth, Apple CarPlay, or Android Auto.

Basically, if the phone is in your hand, you are in trouble. Even resting it on your lap is an offence in many states now. The cameras are looking for exactly that.

So, the only way a mobile phone can be used in a vehicle is if it is properly secured in a cradle. Even then, you are limited to what functions you can use. Or, you can leave it in your pocket and use voice control..

It is NOT illegal to use a UHF or CB radio

Here is the good news. You cannot physically hold your mobile phone. But the laws around UHFs are different.

Because the cameras can’t always distinguish between a phone and a UHF mic, we’ve heard of fourby owners getting infringement notices. This causes panic. People think the laws have changed.

They needn’t worry. The laws are still pretty clear cut. You can use a UHF or CB radio while driving. However, there is a catch. You must still be considered to be in “proper control” of your vehicle.

This applies everywhere. In Victoria, they introduced tough new distracted driver rules in 2023. Even there, “two-way radios” are explicitly exempt from the portable device bans.

However, “proper control” is the golden rule. If a police officer pulls you over for erratic driving and sees you chatting on the UHF, they can fine you. The offence won’t be “using a radio”. It will be “not having proper control of a motor vehicle”.

If you are driving smoothly and using the radio sensibly, you are in the clear. The act of using the UHF itself is not a bookable offence.

What about the different states?

A whip around the States and Territories shows that almost all of them explicitly state: “mobile phone does not include a CB radio or any other two-way radio”.

This exemption appears in the road rules for NSW, Queensland, Victoria, South Australia, Western Australia, Tasmania, and the ACT.

The Northern Territory is the only outlier. Their regulations historically haven’t made the same specific reference to CB radios. If you’re touring the Top End, just be extra careful. The “proper control” rule is your best guide there.

There is one other thing to watch out for. Handheld radios.

Most of us have a unit mounted in the dash and we just hold the microphone. That is generally fine. But if you are using a handheld 5W portable unit (like a walkie-talkie) and it is not mounted? That can be risky.

In states like Victoria and Queensland, holding a loose device can get you in trouble under broader distraction laws. If you use a handheld, get a proper dash mount for it. Don’t just leave it rattling around in the centre console.

One rule for them… yes, actually there is

Stroll around on Facebook and you will often come across photos of police officers using their mobile phones while driving. The caption usually reads: “one rule for them…” Well, that is actually right. There is one rule for emergency services workers and the rest of us.

The Australian Road Rules specifically permit the driver of an emergency or police vehicle to use a mobile phone while driving. Mobile phones are considered another form of operational communication for them.

That said, police officers aren’t allowed to be reckless. They generally can’t text and drive or browse the web while moving. There have been incidents where officers have been fined for inappropriate phone use. But for operational voice calls? They are exempt.

For the rest of us, keep the phone in the cradle. Keep the UHF mic handy. And just drive the car.