Radar Detector Laws Explained
Like many states, California has regulations that affect not only the use of radar detectors, but the production and sales of these devices. For example, the California Office of Administrative Law (OAL) has rules on the manufacture of radar speed measuring devices. These regulations are in Title 13, Sections 2180-2189 of the California Code of Regulations.
However, companies that make these devices require an OAL approval, pursuant to Section 2185, before offering them for sale in the state. The regulation allows the OAL to approve these devices after determining if they’re consistent with the Vehicle Code.
Federal regulations affecting radar detectors are also important here. The Federal Communications Commission (FCC) also requires that all radar detectors sold in the United States be certified. In the FCC’s 2003 Second Report and Order in the Matter of Revision of Parts 2 and 15 of the Commission’s Rules Regarding Operation of Radar Detectors, the Commission issued a Memorandum Opinion and Order (MM Docket No. 87-18) and a Further Notice of Proposed Rulemaking (FCC 03-108).
Then , in August 2004, the FCC issued a memorandum to the International Bureau’s Enforcement Bureau warning distributors and manufacturers of "the widespread and illegal operation of modified FCC-approved radar detectors in the United States." It reminds companies that they’re "ultimately responsible for full compliance with our rules," and noted that "illegal modified equipment is subject to seizure."
Per Section 2548 of FCC rules, radar detectors must be certified at the device level, not at the radar gun level or system level. Section 2548 also prohibits equipment adjustments by the user, including modifications designed to prevent interference with other devices, or to extend the range of the unit.
California mirrors the FCC requirement that no vehicle can have a C-banded radar detector. The Vehicle Code specifically prohibits the use of radar jamming devices in a motor vehicle. A traffic ticket for violating these two laws is an infraction, similar to a speeding violation.
Legal Detectors in California
Currently, the use of radar detectors is legal when driven in a private vehicle, as long as they aren’t installed on the windshield. The radar detector may sit on the dashboard without any issues, but be sure it doesn’t obstruct your view while driving. If it does, it’s considered an obstruction of view. It isn’t illegal to attach a radar detector to your windshield, but it’s worth having a removable radar detector that sits atop your dashboard because it’s illegal in a commercial vehicle.
The California Vehicle Code has the laws and regulations for radar detectors under Section 26708. The second portion of the section states in relevant part as follows: "A person shall not drive a motor vehicle with any object or material placed, displayed or attached in or upon the front windshield or side or rear window."
"Nothing in this section shall prohibit the use of a navigation system that does not obstruct the driver’s clear view of the road and highway." In essence, it won’t be illegal to use certain objects that are attached to your windshield.
Also, the California Department of Motor Vehicles explains the need for windshield permits to have "this type of material." This is part of the same Vehicle Code Section 26708, but it only applies to "commercial vehicles." The short explanation is: "The law does not allow any other objects … on windows forward of the A-pillar, with the exception of vehicle equipment."
According to Section 26708.5 of the California Vehicle Code, a commercial vehicle can’t have "an obstruction on the windshield," where the term obstruction is defined as "any sign, poster, or other papers, material, or metallic object." However, Section 26708.5(c) states one exception to the rule: "A single rearview mirror not to exceed 5 by 7 inches placed in an area not subject to motor vehicle code regulations."
Exceptions and Special Cases
Exceptions and special circumstances are often a point of contention for any law or regulation. In California, there are several such distinctions that stand out when it comes to the radar detector enforcement laws. Perhaps the most notable of these is that any commercial vehicle drivers are not permitted to use radar detectors at all. However, this all comes with a catch. It is only commercial vehicles which are not also being used for personal use that cannot utilize radar detectors. Therefore, if a person operates a commercial truck for personal use, such as a pickup truck modification, they can use a radar detector as any other driver. The reason for this lies in the amount of liability that a commercial truck places on its driver while on the road. The risk of potentially causing harm to a third party is significantly higher than that of a civilian passenger vehicle. As a result, the law states that any commercial truck is not authorized to have a radar detector present inside the vehicle. Even if there is a radar detector – even if it is not in use – it is a violation of the law. So, anyone looking to install a radar detector on a commercial truck should remove it first unless this truck will be used strictly for personal use.
Another exception to take note of is that radar jammers are always illegal. Not only does this refer to the device meant to jam a radar signal, but also any device aimed at interfering with a police radar’s accuracy. This includes laser jammers and several other types of transmitters. An interesting caveat in this exception is that any transmission system in a passenger vehicle is not permitted to exceed the 100MW Ci limit, regardless of purpose. Keep in mind that the only exception to this is faceplates which are adjustable.
Penalties and Enforcement
The penalties for using a radar detector in California can vary depending on the circumstances of each violation and how law enforcement officers use their discretion during encounters on the road. Generally, however, the following guidelines are used by the state to assess charges against those people who get caught using these devices in areas where they are illegal.
If you ever receive a traffic citation that alleges you used your radar detector in a municipality, you will be charged with violating the California Vehicle Code. The citation will result in having points assessed to your driving record, which can lead to a suspended driver’s license if you receive too many points within a given period.
Because they are largely considered to be non-threatening, law enforcement undergoing a routine traffic stop may simply issue a warning or a verbal statement regarding the illegality of using a radar detector in that area if it is otherwise clear that you were not speeding at the time you were pulled over. In this situation, the officer may take the device and confiscate it, but may not issue a ticket or make an arrest.
Alternatively, they may confiscate the device and charge the driver with the infraction, but allow them to keep their device. Never the less, it is up to law enforcement’s discretion whether or not to enforce radar detector laws and to what extent.
Understanding the various pieces of radar detector legislation that apply to California may seem complicated at first, but having a basic knowledge of the laws that govern this technology can help you feel more confident and in control while out on the road.
Types of Technology and Detectors
Radar detectors used to be very basic devices, and most of the early models simply detected radar signals. Over the years, technology has advanced to where the movement and structure of radar has become more complex, and radar detectors needed to evolve in order to keep up. In addition, many devices, including police laser and lidar devices, had become increasingly popular. Newer radar detectors had to be able to detect these additional signals as well. More sophistication in radar technology also meant more sophistication in radar detectors. Accordingly, new radar detectors now can detect a greater number of radar frequencies, and they also offer various features that better alert you when police vehicles are nearby. Most newer radar detectors feature several different types of alerts. Police radar often use several different band frequencies. The types of alerts include: X-band alerts (K-band alerts, Ka-band alerts, laser alerts, K-band POP alerts, and traffic sensor alerts. The following discusses these alerts in further detail: X-band Alert – Banded between 8,700 MHz and 9,000 MHz, the X-band was the original police radar band; however, its popularity diminished after another band was widely adopted. It is still popular in the United States, Japan, and Canada. K-band Alert – Banded between 21,500 MHz and 22,000 MHz, majority of the radars currently used in the United States are K-band. Many manufacturers currently market only K-band detectors. Ka-band Alert – Banded between 33,400 MHz and 36,000 MHz, the K Ka-band markers can be difficult to detect. It is also the most commonly used band by police cars in the United States . Laser Alert – The laser works almost always on the 904 nanometer wavelength (693 terahertz). Police can easily target vehicles with these radars. Since they don’t send out a beam, they aren’t as easy to counter. K-band POP Alert – Police radars are sometimes equipped with POP technology, which gives the radar a short, quick burst of energy to hit the target. This helps conceal the fact that the police are using radar, making it more difficult for radar detectors to detect the radar. As explained above, the K-band POP alert helps detect these types of radar. Traffic Sensor Alert – Some radar detectors come with traffic sensor alerts. Some radar systems are designed to control stoplights at intersections. All of these sensors produce radar signals, which allows radar detectors to detect them. All of the different types of alerts are considered helpful to those people who use radar detectors. The various alerts do have their downfalls, however. It is not uncommon, for example, for radar detectors to malfunction to give erroneous alerts. As far as technological advancements go, nothing has been more significant than laser technology. Police officers no longer have to shoot six-second bursts on stationary targets to get their speed, and they no longer have to use turning radars to get a lock on targets. They simply take aim and shoot. The latest trend has been through laser speed detection, which provides a beam response like lightning, and cannot usually be detected by radar detectors. Many believe that laser detectors are useless, and that the only solution to counteract these laser radars is a laser jamming device.
Legal Options and Safety Recommendations
While most radar detectors are illegal, there are several legal alternatives available for those who seek to avoid speeding tickets. Waze is a ride-sharing app that can be a useful tool for avoiding traffic enforcement officers. It provides up-to-the-minute data on the location of law enforcement vehicles, providing a heads-up when they are nearby. The app uses crowdsourced information provided by drivers in the area. While Waze does not track speeders, it can provide warnings when there’s a speed trap ahead, alerting drivers to exercise caution and drive according to the posted speed limit.
Using GPS navigation is another helpful strategy for avoiding speeding tickets. Many smartphones come equipped with GPS programs. These tools can help you to avoid speed traps by identifying and suggesting alternative routes. They can also provide warnings if you exceed the area’s posted speed limit, giving you an opportunity to adjust your speed accordingly. Some traditional GPS systems also feature built-in speed detectors. Although these devices typically only work in populated areas, they can alert drivers to speed limit changes so that they can remain in legal compliance as they navigate busy city streets.
While their use is not legally recommended, many motorists continue to use radar detector technology in their cars. If you decide to use radar technology, then following all posted speed limits is your best defense should you face legal problems associated with radar detector use. Sometimes, officers will issue tickets for motorists who exceed all posted speed limits in an area.
Other tips for avoiding speeding tickets and other traffic violations include:
— Don’t use speed to avoid disasters. At times, drivers encounter obstacles or dangers in the roadways that require them to activate their hazard lights. These circumstances don’t differ from other instances when hazard lights are appropriate; the vehicle is disabled and will not be able to move or drive in the expected manner unobstructed.
— Don’t overtake funeral processions. These can be challenging to navigate, but overtaking a procession is illegal in California except in certain situations.
Looking Ahead: Predictions and Legal Developments
As technology continues to advance, it is possible that the legality of radar detectors may come under further examination. With an emerging trend towards automated traffic enforcement, and the use of unmanned speed cameras, the law is likely to evolve to keep pace with these innovations. For instance, the legality of radar jammers, devices that actively disrupt the speed-detection radar signals used by law enforcement, remains a controversial issue. Several states have outlawed their use, and others may follow suit in the coming years. California has taken a particularly strong stance against radar jammers, which are illegal in the state. If more states move towards a universal ban on radar jammers, this may prompt other legal responses, such as a complete overhaul of the regulations regarding radar detectors. There has been little movement in the legislature regarding proposed bans of radar detectors in recent years. However, the potential for changes in federal law could impact the legality of radar detectors in California. As the federal government places more emphasis on road safety, it may consider standardizing regulations on radar detectors across the country . In particular, the federal regulations regarding commercial vehicles do not extend to personal vehicles. This inconsistency has led to confusion and uncertainty among drivers. A shift towards more uniform regulations at the federal level could help clear up the ambiguity surrounding radar detectors. There are also ongoing debates about the effectiveness of radar detectors in reducing speeding. Proponents of radar detectors argue that they promote safer driving by alerting drivers when they are approaching a speed trap. Conversely, opponents contend that radar detectors can encourage unsafe driving behaviors by giving drivers a false sense of security. There may be a greater push in the future for research to determine whether or not radar detectors have a positive or negative impact on road safety. Ultimately, the future of radar detectors in California remains uncertain. While there are currently few proposals to change the law, developments in technology and road safety may force lawmakers to take a closer look at radar detectors in the coming years.
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