The Wireless Telegraphy Apparatus (Citizens' Band European Users) (Exemption) Regulations 1989

Explanatory Note

(This note is not part of the Regulations)

These Regulations exempt from the provisions of section 1(1) of the Wireless Telegraphy Act 1949 the use of certain Citizens' Band sets by visitors to the United Kingdom (including the Isle of Man and the Channel Islands) from certain European countries. Accordingly it is not necessary for such visitors to hold a United Kingdom wireless telegraphy licence (regulations 3 and 4).

The United Kingdom is a member of CEPT (the European Conference of Postal and Telecommunications Administrations). The visitors who may take advantage of the exemption are persons who are ordinarily resident in another CEPT member country (these countries are listed in Schedule 1) who are permitted to use the CB sets in their own countries.

The Citizen’s Band sets which may be used pursuant to the exemption are those sets which operate in the 27 MHz frequency band, and which meet the technical standards contained in CEPT Recommendation T/R 20-02. Visitors are required to operate the sets in accordance with the requirements set out in Schedule 2 (regulation 5).

CB sets operating in the 27 MHz band which do not comply with the requirements of the Wireless Telegraphy (Citizens' Band and Amateur Apparatus) (Various Provisions) Order 1988 (S.I. 1988/1215) are restricted apparatus within section 7 of the Wireless Telegraphy Act 1967 (as substituted by section 77 of the Telecommunications Act 1984). Certain CB sets to which these Regulations apply will not comply with S.I. 1988/1215 on the ground that they are not for the time being approved under section 84 of the 1984 Act. Such sets may not (inter alia) be imported or kept in a person’s custody and control except with the authority of the Secretary of State.

The Secretary of State granted general authority on 8th August 1988 for the import of such sets and for the importer to keep them in his custody or control. This authority was published in the London, Edinburgh and Belfast Gazettes on 12th August 1988. As a result, the sets may be used under these Regulations. They may not however be sold or let on hire or offered for sale or let on hire.

Regulation 6 requires the visitor to permit inspection of the set and to cause its use to cease or be restricted, on the demand of a person authorised by the Secretary of State for the purpose of investigating radio interference. An authorised person may be either an officer of the Department of Trade and Industry’s Radio Investigation Service, or any other person. Failure to comply with a demand made by an authorised person under Regulation 6 is an offence under section 3 of Wireless Telegraphy Act 1949.

Copies of the English translation of CEPT Recommendation T/R 20-02 may be obtained from the Librarian, Radiocommunications Division, The Department of Trade and Industry, Waterloo Bridge House, Waterloo Road, London, SE1 8UA free of charge.