Use of CB & two way radios while driving
Changes to the Land Transport Rules in late 2009 now make it an offence to
operate mobile phones in a moving vehicle but how does this relate to CB's & two
way radios both portable & fixed. Read below for the actual legal
interpretations direct from government website.
Basically it is NOT an offence to operate a CB or
two way radio however if it causes an incident due to distraction, you may still
be prosecuted similar to adjusting your vehicle radio causing an incident. Just
use common sense while operating.
Land Transport (Road User) Rule 2004 (SR 2004/427) (as at 11 December 2009)
Clause 1.6 Interpretation
Clause 7.3 Ban
on use of mobile phones while driving
-
(1) A
driver must not, while driving a vehicle,—
(1A) Subclause
(1) is overridden by subclauses (2) to (7).
(2) An
enforcement officer may, while driving a vehicle, use a mobile phone to
make, receive, or terminate a telephone call if the officer is making,
receiving, or terminating the call in the execution of the officer's
duty.
(3) A
driver may, while driving a vehicle, use a mobile phone if—
(4) A
driver may, while driving a vehicle, use a mobile phone to make,
receive, or terminate a telephone call if the phone does not require the
driver to hold or manipulate it to make, receive, or terminate the call.
(6) A
driver may, while driving a vehicle, use a mobile phone to make,
receive, or terminate a telephone call if the vehicle has stopped for a
reason other than the normal starting and stopping of vehicles in a flow
of traffic.
(7) A
driver may, while driving a vehicle, use a mobile phone in a way
described in subclause (1)(a) or (f), if both the following apply:
Clause 7.3A: inserted,
on 1 November 2009, by
clause 23 of the Land Transport (Road User) Amendment Rule 2009
(SR 2009/253).
Clause 7.3A(1):
substituted, on 11 December 2009, by
clause 6(1) of the Land Transport (Road User) Amendment Rule (No 2) 2009
(SR 2009/345).
Clause 7.3A(1A):
inserted, on 11 December 2009, by
clause 6(1) of the Land Transport (Road User) Amendment Rule (No 2) 2009
(SR 2009/345).
Clause 7.3A(5):
revoked, on 11 December 2009, by
clause 6(2) of the Land Transport (Road User) Amendment Rule (No 2) 2009
(SR 2009/345).
Clause 7.3A(7): added,
on 11 December 2009, by
clause 6(3) of the Land Transport (Road User) Amendment Rule (No 2) 2009
(SR 2009/345).
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Authorised Dealers Versus Parallel Importers.
Important Note:
(Re: Kenwood, Vertex Standard, Standard Horizon and Yaesu Radio Products)
Overview.
This page has not been received well by the many Australian &
New Zealand parallel importers. In fact, the discussion on parallel importing
has flared to the point where reasonable discussion has disappeared to be
replaced by abusive and haranguing emails and content on various web sites.
These emails and web sites have begun to take the form of verbal abuse with
threats of legal action.
Why? The simple fact of the matter is that the details on this
page are 100% truthful. The details revealed here are not what the parallel
importers want you to be aware of.
I.e. they are NOT factory authorised dealers. Warranties look
promising when they are offering a 12 month or 3 year warranty, due to their
advertising methods you may be lead into the belief that they are actually
authorised dealers, this is simply misleading. You, the customer, are being
duped into making a purchase that is not backed or covered by a factory
warranty.
This page in no way tries to undermine any company listed below,
everybody has their place in the Australian & New Zealand retail market, what
this page does show is the difference between different retail company's and
whether they are part of the Factory Authorised Dealer Network in Australia or
not, this page is solely designed as a reference point, and to make you the
customer, aware that any radio purchased from a non authorised dealer is
actually at best second-hand.
What is an Authorised Dealer?
An authorised dealer is a company who has official approval to
purchase and sell product from a supplier on their behalf, with the sole intent
to represent that company in the retail market, and to offer backup support for
that product if and when the need arises.
What is a Parallel Importer?
A parallel importer sources product from sources other than the
originating supplier of the brand name product i.e. retail outlets or other
sources overseas and then imports them against the local agent and authorised
retail outlet.
The Debate, Is It New Or Second-hand?
Authorised Dealer. (New Product)
The Authorised dealer is not the original owner of any products
he or she purchases, as part of the dealer network and authorised to sell on
behalf of the originating company, ownership only passes onto the first buyer,
that being you, the customer, so it is new when you walk into any authorised
retail outlet to make a purchase.
The Parallel Importer. (second-hand dealer/product)
The Parallel Importer is normally the first owner of any gear,
as they are not part of the authorised dealer network, when you purchase your
transceiver from them then you are the 2nd Owner, and in some cases the third
owner, as the Parallel importer has already purchased the product from the
Authorized agent or a second-hand source overseas, hence the item becomes
second-hand or third-hand in some instances when sold to you, the customer. This
is also the case if the parallel importer sources product from an authorised
dealer in Australia or New Zealand, the product still becomes second-hand once
they have purchased it as they are the first owner, if on sold to you then the
item is second-hand.
The Great Retail Price Debate.
Firstly, and most important, pricing in Australia & New Zealand
will always be more expensive as compared to most other places in the world, why
you might ask, it all comes down to product turnover, as a general rule the more
you buy and sell the cheaper the product becomes.
Australia & New Zealand doesn't have that luxury as compared to
the rest of the world, look at the Amateur Operator population in Australia
compared to anywhere else, we have as many Amateurs in Australia as there are in
California in the U.S. and that is only one of many states in the U.S. Look at
Japan, 1 Million plus Amateur Operators, this makes our 18,000 or so amateur
Operators look Insignificant when it comes to buying power and pricing, i
haven't even mentioned Europe.
Many competitors will try and tell you that pricing has parity
around the world, that is just not true, prices are different all around the
world for the same items for all the reasons mentioned above, Australia is not
sheltered when it comes to this point, look at New Zealand, more expensive than
Australia, why, not enough Amateurs Operators and turnover so buying power
suffers with more expensive prices, as the local importers have high buy prices.
Customers in Australia & New Zealand have been buying second and
third-hand equipment sold as new from many places, for many years, and you may
not have even realized this, this equipment is sold with many quirky terms to
fool you into thinking that what you are buying is new, this is not the case,
some of these terms used by the parallel importers to fool you are, (new) of
course, unopened, unused and brand new, this is a misnomer and this one simple
fact needs to be bought to your attention, any Vertex Standard, Standard Horizon
or Yaesu product purchased anywhere other than a authorised dealer is
technically second-hand.
The simply fact is, if an authorised agent sells a radio at a
similar price to the non authorised retailer, then the non authorised retailer
is selling extremely expensive second-hand goods as compared to the current
second-hand market.
Warranties For, And Against.
The Authorised Dealer
The authorised dealer or agent has the sole support of the
company's they represent; this has many benefits, apart from the factory backed
warranty on offer, the dealer or agent is also privy to Service Bulletins and
upgrades or technical updates, original parts and also a full workshop solely
designed for that purpose, not to mention the years of experience dealing with
the product and the ability to repair the product in timely fashion. Warranties
are transferred to the new owner if your product is on sold within the warranty
period.
The Parallel Importer. (second-hand dealer)
In all fairness there are some very good technicians around the
market place, but you must stop and consider the parallel import is not privy to
any of the above, they cannot supply a 3 year factory backed warranty, and are
totally reliant on someone else fixing the product they sell, the back yard
repairer is also not privy to the items mentioned above that the agent is,
although the parallel importer will try and convince you they have good
technicians to repair your product, it is just not the same as the authorised
agent.
Other Useful Information.
The difference between Signal's Radio related products and most
other suppliers listed below is that Signal's, like many other authorised
dealers in Australia & New Zealand, are part of the Authorised dealer network
for the following brands, Icom, Kenwood, Vertex Standard, Standard Horizon or
Yaesu, nearly all others mentioned on this page import from overseas in some
form, or at least have advertised that fact in some form, and their radio
related products are not covered by Factory Warranty or service.
Non Factory Authorised Dealers.
The Following retailers are not part of the Factory Authorised
Icom, Kenwood, Vertex Standard, Standard Horizon or Yaesu Dealer network,
(Although They May Offer Some Form of Back Yard Warranty, Generally Their Own,
and not Factory Authorised Warranty).
Andrews Communications (N.S.W.)
Radio Exchange-VK4AJJ (QLD) Ex VK3AJJ Radios.net.au god knows what next weeks
name will be.
Pos Nav (S.A.)
Com-Centre Communication Equipment (N.Z.)
Seekers Radio Communications (N.Z.)
Feature Tech (N.Z.)
In Closing.
When it comes to purchasing new equipment, you should ask your
local retailer, are you a part of the Factory Authorised Dealer Network. Like
any new purchase, you would expect full warranty and not be misled with the
promise of warranty's that may or may not exist, or warranty that you have to
pay extra $$$$ for.
Don't let the Parallel Importers try and fool you that Factory
Warranty isn't important, it is, in fact there are very well known cases of
those who have bought non authorised product (imported) only to find out that
they have come unstuck when the unit has had a problem, don't become one of
those casualties, research the product your about to buy, make an informed
decision about what best suits you, and your needs.
E.&O.E.
My thanks go to Strictly ham Pty Ltd in Melbourne for the use
and preparation of this page.
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