DaleSC 7 Posted August 8, 2011 Share Posted August 8, 2011 Hi All, I'm looking for some advice on the legal stuff behind owning a radio transmitter. does anyone know where i can find this information? I do have a valid licence from ofcom to operate on given frequencies, but i would like to know the legal details of been in possession of/owning a radio. Any help would be great. Dale Link to comment Share on other sites More sharing options...
GordonH 787 Posted August 8, 2011 Share Posted August 8, 2011 As long as you are operating within the guidelines of your licence you should be OK. I think most amateur radios are able to transmit of more frequencies than the licence covers as they are aimed at a wider market than just a particular licence. It is up to the owner to make sure that they only use the licenced frequencies. Link to comment Share on other sites More sharing options...
DaleSC 7 Posted August 8, 2011 Author Share Posted August 8, 2011 Hi Gordan, I understand the legality around operating on the frequencies i am licenced for. But what my question is really, whats the legality on owning a radio transmitter such as a TETRA Radio? Operating/Transmitting i understand you need a licence for. There seems to be nothing, from what i have looked for anyway, available to answer my question. From what i know it is not illegal to own any type of radio transmitter (correct me if im wrong), it only becomes illegal when you transmit without the correct licence or you listen to things you shouldn't. So can anyone tell me if its any different if i bought a Sepura tetra radio to use on the frequencies i am licenced for? A. Is it illegal to own a Sepura radio? B. Am i allowed to use it in accordance with my licenced frequencies? C. Under what law can a police officer make an arrest if he or she see's you using one? I ask this because, one of my friends is a radio amateur and uses Sepura radios on licenced frequencies and was stopped by the Police and arrested. Thanks Link to comment Share on other sites More sharing options...
GordonH 787 Posted August 8, 2011 Share Posted August 8, 2011 (edited) I don't know why the police arrested him unless the unit is stolen, I don't even think it comes under the remit of the police anyways. But I'm sure one of the police HAMs will be along with the answer soon. As long as the radio is only being used on frequency that should be it, before I even passed my exam I had a radio capable of transmitting (but didn't of course). Also, someone will be along and post the 'not a legal advice centre' text soon I expect, and if it's a current case some peple will not want to comment. edit - I'm not even sure it is illegal to listen to any transmissions, but instead illegal to act on information that you hear. A lot of people used to listen in on the police before they moved over to the Airwave radios and that was legal. Edited August 8, 2011 by GordonH Link to comment Share on other sites More sharing options...
HampshireSaint 35 Posted August 8, 2011 Share Posted August 8, 2011 I am pretty sure you cannot re-program tetra radios to your own frequencies. They do work in simplex but at a very low output and you probably do not have a licence which would cover that. There is no chance you can get a Tetra radio to work on Airwave (Unless of course you use a police one) Link to comment Share on other sites More sharing options...
andrew iom + 0 Posted August 8, 2011 Share Posted August 8, 2011 It's perfectly legal to own a Tetra radio such as these: http://www.ebay.co.uk/itm/x2-Sepura-SRH3800-TETRA-Radio-BRAND-NEW-/110725082634?pt=UK_ConsumerElectronics_SpecialistRadioEquipment_SM&hash=item19c7baae0a If you are licenced by Ofcom to use the frequencies (380-430Mhz OR 440 - 473MHz) then you and send/receive using it. The easiest way to detect if it has been used by Police etc, is that it will have TEA encryption on the device. If it doesn't then it is a very good indication that it has never been connected to AirWaves. Remember that Airwaves is a radio system that runs using Tetra equipment. There are other (more localised) systems by Radio Suppliers running in the UK that use the same devices. I suspect that your friend was locked up on suspicion of theft by an Officer who prehaps didn't realise that the devices are allowed to be used by members of the public. I guess that the radio itself would be checked by AirWave. they would be able to confirm instantly if the radio has ever been connected to their network, and if it has, if the handset was stolen. If this is the case then your friend could be implecated in handling stolen goods. If Airwave say it has never been on their network, and the serial number is not listed as being stolen, then he should get it back and no further action would be taken by the Police. Maybe your friend could also highlight the position with the force involved and ask them to inform their officers that it is legal to own these devices. Andrew. Link to comment Share on other sites More sharing options...
DaleSC 7 Posted August 8, 2011 Author Share Posted August 8, 2011 (edited) It's perfectly legal to own a Tetra radio such as these: http://www.ebay.co.u...=item19c7baae0a If you are licenced by Ofcom to use the frequencies (380-430Mhz OR 440 - 473MHz) then you and send/receive using it. The easiest way to detect if it has been used by Police etc, is that it will have TEA encryption on the device. If it doesn't then it is a very good indication that it has never been connected to AirWaves. Remember that Airwaves is a radio system that runs using Tetra equipment. There are other (more localised) systems by Radio Suppliers running in the UK that use the same devices. I suspect that your friend was locked up on suspicion of theft by an Officer who prehaps didn't realise that the devices are allowed to be used by members of the public. I guess that the radio itself would be checked by AirWave. they would be able to confirm instantly if the radio has ever been connected to their network, and if it has, if the handset was stolen. If this is the case then your friend could be implecated in handling stolen goods. If Airwave say it has never been on their network, and the serial number is not listed as being stolen, then he should get it back and no further action would be taken by the Police. Maybe your friend could also highlight the position with the force involved and ask them to inform their officers that it is legal to own these devices. Andrew. Hi Andrew, Brilliant! I am aware that his radio has been checked by the Airwave team and has come back all clear. No encryption and not stolen. Its not even capable of going on Airwave frequencies as its used above 430Mhz and i believe Airwave is below no where near the Amateur Band. I was 99% sure that its not illegal to own one providing what you said. I also agree with your suggestion. It should be made aware that the radio's are not only used by themselves, I shall pass it on. Thanks Dale Edit: Considering all of the above is correct. under what rights would the Police have to continue to hold his equipment? Aswell as his Sepura radio, many other items of his amateur radio equipment was taken? also, if any offence has been committed or believed to have been committed, should he be told why and what for? Edited August 8, 2011 by DaleSC Link to comment Share on other sites More sharing options...
Administrative Account 7 Posted August 8, 2011 Share Posted August 8, 2011 Our standard disclaimer: This forum is not intended as a legal advice drop-in centre. PoliceSpecials.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material on this site, including - but not limited to - the documents available in the 'Reference Library' and 'Downloads' areas. Please note that comments and advice given here with the best of intentions by the host, moderators or other users of the forum may not be correct, and that any advice given, in particular advice on the law and its application, is no substitute for personal legal advice from a solicitor. Moved to help me Link to comment Share on other sites More sharing options...
Administrative Account 7 Posted August 8, 2011 Share Posted August 8, 2011 Ask your friend what frequencies he was using it on, I would be very surprised if he was using it in the 70cms Ham band for which he has a licence. Link to comment Share on other sites More sharing options...
DaleSC 7 Posted August 8, 2011 Author Share Posted August 8, 2011 Ask your friend what frequencies he was using it on, I would be very surprised if he was using it in the 70cms Ham band for which he has a licence. Yes it was on 70cm's Link to comment Share on other sites More sharing options...
Recommended Posts