CE marks does not mean RSM approval

We occasionally have instances where a member believes that if the radio equipment they were selling had the ‘CE approval’ mark, it could be legally sold in NZ and on Trade Me.

This is a myth that needs to be busted.

CE approval is not recognised for the NZ or Australian market. That mark is for a trading regime in Europe.

All radio transmitters sold on Trade Me need to meet the Radio Regulations 1989.

The sale of radio transmitters is prescribed in the Radio Regulations 1989. Regulation 37 (1)(a)(i) states:

“Every person commits an infringement offence against the Act who - installs, uses, sells, distributes or manufactures interfering equipment – without a declaration of conformity or an exemption from the requirement to make a declaration of conformity.”

This means every radio transmitter must:

• meet the requirements of the Radio Standards Notice 2015
• be declared and labelled in accordance with the Compliance Notice 2013
• meet the terms of a radio licence specific to that service.

Exceptions to the labelling requirements apply to Broadcast Transmitters and Amateur Radio Operator Equipment (Ham).

A person “trading” in radio transmitters also requires a licence to supply. These are free and can be obtained from the Radio Spectrum Management website.

If you wish to sell these devices you must:

• Not suggest in either the description or via the Q&A that it is suitable for purposes other than Amateur Radio (Ham).
• Include the following wording in the listing body: “this equipment can legally only be sold to and used by a qualified Amateur Radio Operator, any purchaser will be required to provide evidence of such a qualification” – and you must seek such evidence.
• Maintain a record of any such evidence of a purchaser’s qualification (Operators Certificate or callsign details).
• Obtain a Licence to Supply.

An Amateur Radio Operator is a person who has completed the study of radiocommunication principles, radio regulations and has passed the Amateur Radio Operators Certificate.

We have a broad list of issues sellers need to think about when selling radiocommunications devices here.

The Radio Spectrum Management team actively monitors Trade Me sellers for compliance and has recently completed audits of traders on the site.

This has meant some traders have received infringement offence notices for selling outside the regulatory requirements.

While the infringement fees range from $250 to $1,700, Radio Spectrum Management also has the ability to prosecute under the Radiocommunications Act 1989.

Penalties upon conviction shall not exceed $30,000 for an individual and $200,000 for a body corporate – so it’s best not to tempt fate!