Explanatory note

These Regulations exempt the establishment or installation of automotive short range radar equipment in a vehicle and the use of automotive short range radar equipment so established or installed from the requirement to be licensed under section 1(1) of the Wireless Telegraphy Act 1949 (c. 54).

The establishment or installation must be in a vehicle which has not yet been registered, placed on the market or put into service in the Community, or must be done to replace equipment so established or installed (regulation 4(1)). The equipment must only operate when the vehicle in which it is established or installed is active, only operate in the frequency band between 21.65 gigahertz and 26.65 gigahertz and not cause undue interference to other users of the frequency band (regulation 4(2)). The equipment must also meet the technical requirements set out in the regulations 4(3) to 4(5).

The exemption from the provisions of section 1(1) of the Wireless Telegraphy Act 1949 does not apply to use of equipment operating in the frequency band between 22.21 gigahertz and 24.00 gigahertz when the vehicle in which the equipment is established or installed is within an exclusion zone (regulation 4(6)). Such equipment must automatically deactivate so that emissions cease while the vehicle in which it is established or installed is within an exclusion zone or must be capable of manual deactivation (regulation 4(7)). The exclusion zones are the areas around radio astronomy stations listed in the Schedule.

These Regulations implement the Commission Decision 2005/50/EC on the harmonisation of the 24 GHz radio spectrum band for the time-limited use by automotive short-range radar equipment in the Community (OJ No L 21, 25.1.05, p. 15).

A full regulatory impact assessment and report of the effect that these Regulations will have on the costs to business is available to the public from the OFCOM Library at Riverside House, 2a Southwark Bridge Road, London SE1 9HA (Tel: 020 7981 3000) or on the OFCOM internet web site at www.ofcom.org.uk. Copies of the report have also been placed in the libraries of both Houses of Parliament.