Noggy

All,

You might remember I asked a few questions about the legalities of
owning and/or modifying CB equipment. Well, a few weeks later I got
their first reply, I asked for some clarification, then got a second
response a few weeks later again.

The main Q&A's are below, apologies for the complicated question
numbering. Many of the answers don't help much, and I still don't think
they fully understand that amateurs build and trade home brew equipment,
but anyway, but there are a couple of useful bits:


Q1A: Given that full licence holders may legally construct, test and
operate their own transmission equipment, is it legal to modify old
ex-CB equipment (type approved or otherwise) for amateur use in the
designated amateur bands?

A1A: You may modify equipment for your own personal use. You must not
offer it for sale or offer a service modifying equipment for others.

Q2A: Is it legal for either a full amateur radio licence holder, or an
unlicenced individual to possess non type approved CB transmission
equipment? This scenario does not include the installation or operation
of such equipment when in an unmodified state, but presumably, if Q1 is
legal, there must be some time when the equipment is in the possession
of an individual, but in an unmodified state.

A2A: It is illegal under the Wireless Telegraphy Act to have, without
reasonable excuse, in your custody or control restricted equipment.

Q1B: Can I therefore assume that a "reasonable excuse" in #2, might be
to have the equipment with the intention of modification as detailed in
#1 ? After modification, does the equipment remain "restricted", or does
it then fall into the home made category of amateur radio equipment?

A1B: There is no case law on this to my knowledge but your assumption
appears reasonable. If it is no longer capable of operating with the
characteristics of a restricted piece of equipment then it should fall
into the amateur category as you suggest.

Q1C: I would also like to clarify the point made in #1. What are the
circumstances in which equipment modified as in #1, can leave an
individual's custody or control? Specifically, can it be sold or gifted
to another Amateur Radio Full Licence holder in its modified state? I
can understand the desire not let the equipment fall into the wrong
(unlicenced) hands, but surely a draconian ban on resale to any party is
rather prohibitive and goes against the ethos of Amateur Radio, where
club and private equipment exchanges are so common and essential for the
hobby.

A1C: Did not mean to confuse the issue. You can re sell etc un modified
equipment but if you are going to sell, rent out, let etc modified or
kit equipment, then, as the person 'placing on the market' you must
ensure it meets RTTE and EMC requirements as well as any technicalities
within the appropriate UK Interface Requirements (IR) requirements. Un
modified equipment can be sold & re-sold second hand without problems.


Q3A: If Q1 and Q2 are legal, is there any process for the radio to be
assessed by Ofcom, or does the amateur operator have to obtain any
exemption certificate relating to the converted equipment? Or is the
onus on the individual to prove (if required) that the equipment is
operating within the technical performance of the licencing conditions?

A3A: Equipment can be modified for your own personal use and used
without third party testing. If you were to consider placing modified
equipment on the market it would have to comply with the RTTE
regulations and be properly marked. If you are considering this you
should contact a notified body for further advice.

Q3B: Again, I need to clarify that the RTTE regulations you refer to
must surely apply to new equipment only? There is a very extensive
market for second hand or home made amateur radio related equipment, and
perhaps you can confirm that this apparatus can be resold in either its
original or a modified state, without having to be RTTE regulated -
obviously, as long as it is accurately described for sale. A case in
point is the Practical Wireless Magazine's various transceiver kits.
These kits are home built, but can surely be legally resold to fellow
Amateur Radio enthusiasts - even though they probably do not comply with
RTTE regulations.

A3B: Equipment (unmodified) which has been previously put through EMC or
RTTE compliance testing (anywhere in the EC) can be re-sold as second
hand equipment without further admin effort. Modified equipment has
different characteristics from the original compliance testing criteria
and hence has no effective EMC or RTTE compliance history therefore
selling them etc can be considered as first putting them on the market
for RTTE and EMC purposes. You may also wish to seek your own
independent legal advice on some of these issues.


Q4: Are there any technical restrictions on individuals from undertaking
their own repairs to type approved CB equipment? Assuming the repairer
is competent and technically qualified to perform the repair, is there
any requirement to have the equipment 're-type approved'?

A4: If equipment is repaired all repairs should mirror the original
design and specification. If there is any doubt about this the
equipment should be re-tested. If the equipment is modified and is to
be placed on the market or to be let or a modification service is
offered it will need to be re-tested against the RTTE regulations. The
person repairing or modifying becomes responsible for any compliance
requirements.


Q5: To what level can type approved equipment be modified and remain
legal? Modification in this scenario is restricted to cosmetic changes,
such as changing worn knobs, fascias or cases rather than technical
changes that might affect the performance of the equipment.

A5: Modifications to casings and other design characteristics have the
potential to affect for example the EMC characteristics so great care
must be taken. Very simple, cosmetic only, like for like replacements
may not alter relevant characteristics but other modifications may.
Ofcom does not approve equipment or issue type approvals. It is the
responsibility of the person placing on the market / manufacturer
(including modifier) to satisfy themselves that the product complied (or
continues to comply) with the relevant legislation. If there is any
doubt you should seek the advice of a notified body.


Q6: If Q4 and Q5 are in any way legal (perhaps by individuals who can
prove themselves to be competent), can 'refurbished' type approved CB
equipment (with the same original internals) be legally sold, with a new
27/81 (or similar) stamp added to the front?

A6: You must satisfy yourself, and Ofcom should we ask, that any product
you place on the market complies with the RTTE directive. Type approval
no longer exists in the UK (apart from legacy older un-modified
equipment). There are a number of routes to market ensuring compliance.
You should consult the RTTE directive available on the EU website,
Ofcom website or consult a notified body in the UK. There are penalties
for not following the correct routes to market, for not showing the
correct markings and for provision of documentation. These regulations
are there to ensure the protection of the spectrum and the ability of
licenced users to operate their systems properly.

Q7: What is the procedure for getting type approval for new designs of
CB equipment?

A7: You should consult a notified body or follow the guidance given in
the RTTE directive. You can also find advice on the RTTE directive on
the Ofcom website
http://www.ofcom.org.uk/radiocomms/i...RTEE/rtte_faq/


Laters,
Nog.