The Radio Licence Penalties

[Mike_Martin]

I posted this in the "VHF Question" thread (in the Motor Boat Chat Forum) and have just decided that I would be interested in feedback on it but that it might be missed in there. The last para of my response may be of interest!

The question was:
" So whats the maximum fine for not having A. a radio licence. And B. an operators licence?"

The answer was:
"An Operators Certificate is a licence requirement, so if we come across you using a radio without it, you have invalidated the Ship Radio Licence and therefore rendered yourself liable to prosecution. In other words you can be treated the same as if you don't have a licence.

The Communications Act that made us part of Ofcom changed the way that we prosecute. The possibility of taking the case to Crown Court for simple unlicensed use has now gone, along with the unlimited fine and/or 12 mths in prison. At present a prosecution would take place through the Magistrates Court leaving a maximum fine of £5,000 and/or 6 mths custodial sentence.

The Act also made provision for on-the-spot penalties, this is something that Ofcom is actively discussing with the DTI in order to set the penalty levels before implementing. "

Mike

<hr width=100% size=1>Team Executive,
Maritime & Aeronautical Team, Ofcom

 

[powerskipper]

Does this mean I need to carry my handheld licence with me?

<hr width=100% size=1><A target="_blank" HREF=http://powerskipper.mysite.freeserve.com/>http://powerskipper.mysite.freeserve.com/</A>
Julie

 

[Mike_Martin]

In theory yes, however, in reality an encapsulated photocopy is what many RIB pilots use, as stowage lockers aren't always as water-proof as the dealer would have you believe.
Mike

<hr width=100% size=1>Team Executive,
Maritime & Aeronautical Team, Ofcom

 

[tcm]

Re: yeah but

be honest mike, since your lot can't get a simple website to work with online form filling and card payment, then sent back the last snail mail application with cheque because of unknown reason at which i checked it all and resent it, but the cheque still hasn't cleared ...there's almost no chance whatsoever of you finding a boat owner and successfully taking them to court, is there? How many prosecutions have you actually carried out? I bet it's hardly any, if any, and it'll be not many for as long as the licence application is quite such a shambles.

Out of interest, if the boat isn't in the water, i suppose it's out of comission innit, so no licence required?

Separetely, don't much like the forums being used for quasi-threats of this sort. But since you started it, i would like you to know that if your office is using stolen or unlicenced software, you risk imprisonment and etc etc see? not very nice. So pipe down and fix the website before jumping around with daft threats when it's flippin impossible to buy a licence.



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[Alpha22]

Has anyone ever personally been challenged to prduce their paperwork?

Either, A - Licence disc, or B - Exam cert??

D.


<hr width=100% size=1>Last weekend was shopping darling........ so this weekend is boating. (Duck!)

 

[Mike_Martin]

Re: yeah but

I am quite shocked that you think I'm threatening anyone. Over the last few years I've used the forums as a sounding board for a few RA ideas and never been accused of any such thing!! I'm not quite sure where you're coming from with that one, other than out of the Sun.

BTW The radio is de-commissioned when it is removed from the boat and therefore not available for use. As for example a trailer-sailer in a back garden is still capable of sending an alert or causing interference problems.

Mike

<hr width=100% size=1>Team Executive,
Maritime & Aeronautical Team, Ofcom

 

[tcm]

Re: yeah but

Bouncing on to a forum and announcing penalties for misuse of something that you control - that's a threat in normal parlance. As an example, if i discuss the penalties for speeding in the pub- that's not a threat. But if the police arrive and announce the penalties - it's a threat, see? So, stop being shocked.



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[Boating_Buoys]

Re: yeah but

You only answer the first part of your own question....

What if the operator has a licence, but is using a boat that does not have a 'ships licence'

Eg; someone is borrowing a boat that has been imported / is up for sale or the licence for the boat has expired and not been renewed... ??



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[Mike_Martin]

Re: yeah but

No I don't think so. An Operators Certificate is not the same as a Ship Radio Licence, when a vessel has radio equipment fitted it requires a Ship Radio Licence the operator of the equipment must further be qualified or supervised.

mike

<hr width=100% size=1>Team Executive,
Maritime & Aeronautical Team, Ofcom

 

[Captain Coochie]

Re: yeah but

Is'nt it safer to have a radio without a licence than to not have one atall ?

<hr width=100% size=1>No thankyou , i don't drink .

 

[Mike_Martin]

Re: yeah but

Well if you actually know how (ie qualified) to use it properly, yes!

You are however still risking the consequences of breaking the Law because international treaty requires that all boats are properly registered and issued with callsigns and MMSI numbers (id DSC capable).

Mike

<hr width=100% size=1>Team Executive,
Maritime & Aeronautical Team, Ofcom

 

[Deleted User YDKXO]

Re: yeah but

I was equally amused by the fact that they can throw you in prison for 6 months for the heinous crime of talking on the VHF without a licence yet you can mow down 6 grannies at a bus stop and only get a £100 fine for driving without due care

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[powerskipper]

Heres a question.
when I am on a boat that i am delivering privately to a new owner, radio licence has expired on the boat, can I use the radio on the boat as it has a better range than the HH, or should I only use the hand held one?.And which call sign do I use.?
The boats or mine?

<hr width=100% size=1><A target="_blank" HREF=http://powerskipper.mysite.freeserve.com/>http://powerskipper.mysite.freeserve.com/</A>
Julie

 

[KevB]

Before I had a fixed radio licence with the disc to diplay in the window, I was asked twice within a week whilst on a weeks cruise to the west country. I had a hand held licence so no problem. Not sure why they picked on me as I didn't even have a fixed aerial at the time/forums/images/icons/frown.gif

<hr width=100% size=1><A target="_blank" HREF=http://static.photobox.co.uk/public/images/45/99/10714599.s.jpg?ch=97&rr=16:00:39>Nirvana</A>

 

[Mike_Martin]

Well it's obvious isn't it!

IF you are in DISTRESS you use any and all means at your disposal to transmit/relay your position and summon assistance.

For all else you were obviously using your licensed hand-held.

mike



<hr width=100% size=1>Team Executive,
Maritime & Aeronautical Team, Ofcom

 

[KevB]

Re: yeah but

"because international treaty requires that all boats are properly registered"

What is the UK's form of compulsory boat registration and for what? If it's not fitted with a radio where does it get registered and when was it made compulsory?
Or did you mean all boats fitted with a "Maritime Tranceiver" are required to be registered? If so my apologies.

<hr width=100% size=1><A target="_blank" HREF=http://static.photobox.co.uk/public/images/45/99/10714599.s.jpg?ch=97&rr=16:00:39>Nirvana</A>

 

[Philthediver]

Mike,
You've set me thinking. Please can you set me straight on a safety vs legal issue.
I went out on a boat a while ago which didn't have a radio but had 2 mobile phones on different networks. The skipper was afraid of prosecution as his licence wasn't paid up. Diving took place in the line of sight of the shore. All divers agreed to dive under these conditions. There was an incident (nobody died thankfully). The phones wouldn't work. We shot back to harbour & called the coastguard. Ambulances, helicopter and a very embarassed skipper. Should have had a radio said the costguard. I agree with this point.
However,
Surely it's better to have an unlicenced hand held on the rib that is only for emergencies, rather than risk lives? I believe the skipper wouldn't have been breaking the law if he owned it - until he used it! Am I right?
Also,
A moral dilemmna, should he be prosecuted for trying to save a life by using an unlicenced radio?

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[Captain Coochie]

Re: yeah but

Just wondering .... How much does the Government get out of ships VHF / hand held tuition fees and certificates ?

<hr width=100% size=1>No thankyou , i don't drink .

 

[BarryH]

Re: yeah but

Oh brilliant, why don't you just throw everything into chaos with a bit of "common sense"!

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[sailorman]

Re: yeah but

wot about basing the licience fee on "usage" that should stuff the "radio checkers"

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