I sent this information to her and thought I would share it on this blog for all to know. Many are not aware when they first purchase a walkie talkie that certain channels are allocated while Channel 5 in particular is out of bounds and for emergency use only. See below :
CB Channels
On the CB bands certain channels have been legally reserved for specific uses. These channels are:
On the UHF Band
Channels 5 AND 35 - Emergency use only
Channel 11 - Calling
Channels 22 and 23 - Data only (no voice)
Channel 40 - Road channel (recommended not allocated)
On the HF Band
Channel 9 - Emergency use only
Channel 11 - Calling (AM mode)
Channel 16 - Calling (LSB mode)
Channel 8 - Road channel (recommended not allocated)
Channel 35 is generally accepted as a long distance call channel, but is not legally allocated
Legal Penalties
As of January 2007, the ACMA (the federal agency that enforces the laws regarding radiocommunications in Australia) advised that the following penalties could apply for the misuse of CB channels. For general misuse of legally allocated channels, or other matters that breach the terms of the Class Licence, the operator can be prosecuted for "operating without a licence".
This is because under the Radiocommunications Act 1992 if the provisions of a Class Licence are breached then operation under that Class Licence is no longer authorised. ACMA advise that such offence carries the following penalties:
...for minor offences by individuals, an on-the-spot fine of $220; or
...for more serious offences by individuals, up to 2 years imprisonment; or
...in all other cases, up to $165,000.
This is dealt with under section 46 of the Radiocommunications Act.For actual interference to an emergency call in progress (deliberate or accidental):
...if an individual, up to 5 years imprisonment; or
...otherwise $550,000.
This offence can only be dealt with by a court and is under section 193 of the Radiocommunications Act.
The above was advised by the NSW Regional Office of the ACMA in January 2007.