www.ncsl.org/programs/esnr/radar.htm
Today, microwave radar 3/4 as well as even more advanced laser and photo radar systems--have become sophisticated in the battle against the speeding motorist. Radar's switch in 1965 from an antiquated earth-station S-band to the portable X-band made it available for mobile police use. Shortly thereafter, the detector industry made its debut and over the years, has attempted to meet every advance in law enforcement technology. According to a 1994 article in Car and Driver magazine, radar gun makers over the years have made many advances. Police became able to clock motorists while patrolling or parked, and from the rear of patrol cars as well as from the front. Newer photo radar and laser systems have given police additional technology, and detection equipment makers struggle to keep up. This report summarizes the status of the battle between advocates of law enforcement who seek to curb speeders and those who argue the scales have been tipped too much against the motorist. Legislative efforts in the federal and state governments are highlighted in four areas 3/4 radar detectors, scanners, laser detectors and photo radar detectors. A radar detector is basically a radio able to receive the specific microwave transmissions from a police radar gun. The Federal Communications Commission allows police radar to transmit on only two frequencies (usually referred to as X-band and K-band), so radar detectors are designed to pick up those two frequencies. A radar detector prevents a speeder from getting caught by intercepting radar microwave beams sent from up to a mile away and setting off an alarm device that allows the driver to slow down in time to avoid getting caught. Police scanners are radios used to monitor law enforcement activities. Radar jammers transmit a signal that blocks radar signals. Over the past few years, law enforcement agencies have increasingly turned to laser beam technology to catch speeders and red-light violators. Radar detectors do not pick up laser light, so the laser technology offers a new tool that can supplement radar use in law enforcement. Another technology being promoted and gaining in popularity is photo radar. Photo radar is probably the most controversial of all speed-detection systems today, since the speeding motorist typically never comes into contact with a police officer. Photo radar is operated by law enforcement officers or works automatically. The system combines a camera, radar and often a reader board that displays the speed of each passing vehicle. If a speeding car is detected, a picture is taken of the driver and of the license plate. A ticket is then mailed to the registered owner of the vehicle. A related technology is red light cameras which photograph motorists running red lights. The Federal Highway Administration has prohibited radar detector use in commercial vehicles involved in interstate commerce since January 1994. The Insurance Institute for Highway Safety maintains that states and the federal government are on solid legal ground in restrictive laws on radar detectors. Court of Appeals in 1995 unanimously upheld the federal government ban on radar detector use in commercial vehicles that are involved in interstate commerce. The Insurance Institute for Highway Safety, in a survey of 21 countries, recently found only the United States, Iceland, Japan, the Netherlands, New Zealand, Spain and some Canadian provinces (Alberta, British Columbia, Nova Scotia and Saskatchewan) allow radar detectors. In most of the other 14 countries, it is illegal to sell as well as use a detector. In France, for example, a vehicle may be seized if a radar detector is discovered. The FCC regulates both radar detectors and jammers, but not newer photo radar and laser beam technologies. Confusion sometimes results for amateur radio operators because overly broad radar detector and scanner laws can appear to target them by barring any reception of police signals, according to the National Motorists Association. The FCC has attempted to clear this up through an administrative ruling that allows amateur radio operators to have a scanner with the ability to listen to these police radio signals. The FCC has ruled that manufacturing devices, such as jammers, that interfere with devices in other services are inappropriate. Most recently, in December, the FCC issued a cease and desist order to Rocky Mountain Radar of Colorado to stop making jammers. However, they are allowed in noncommercial vehicles in the other 49 states besides Virginia. State legislatures for the most part have been unwilling to ban detectors. According to the Radio Association Defending Airwave Rights (RADAR), more than 110 attempts to ban radar detectors in 33 states have been defeated in recent years. States take a more restrictive view on the use of police radio scanners than they do on the use of radar detectors. In New York, for example, the state with the most restrictive scanner law, possession of a scanner is illegal without a permit. In South Dakota, the latest state to restrict scanners (1997), use of scanners in business establishments is legal only with prior written permission from the police. The law exempts amateur radio operators from coverage, and violators can have their radios confiscated. Other states placing restrictions on scanner usage include Florida, Indiana, Kentucky and Michigan. State imposed restrictions on scanners many years ago because people were abusing the technology, said Tom Frank, the National Motorists Association's state coordinator in Rhode Island. However, these restrictions do not make sense today because criminals have more sophisticated methods than scanners to monitor police activities, Frank said. Also, it is difficult to differentiate between legitimate ham-radio operators who are allowed to have scanners and other users, Frank maintains. At the state level, nine states and the District of Columbia have laws in the area of photo radar. These states either place restrictions or conditions on the use of photo radar, or authorizes municipalities of a certain population to use photo radar systems. State legislative activity is likely to grow as more municipalities turn to photo radar as a tool to slow down traffic and reduce fatalities. Most of the attention in 1998 has been on red-light camera systems, Adam Tuton of American Traffic Systems said. Despite growth in usage, however, photo radar remains controversial. In Arizona earlier this year, the Legislature rejected a photo radar referendum bill after some legislators complained that referendums should not be devoted to such narrow issues. In New Mexico, the Motor Vehicle Division ruled using photo radar systems is illegal. Legislation also is being considered this year in California, Florida and New York. New Jersey and Wisconsin already specifically prohibit the use of photo radar. RADAR, a Florida organization that lobbies against laws banning radar detector usage, maintains myths exist concerning radar reliability. RADAR argues that lack of generally accepted standards for equipment performance, training requirements and enforcement policies contribute to the misuses and abuses of radar. Many local jurisdictions or individual officers operate speed trips for purposes more related to raising money than safety, RADAR maintains. A survey by the research firm of Yankelovich Clancy Shulman showed detector users had 23 percent fewer accidents per mile traveled than nonowners, and drove almost 60,000 miles farther between accidents. The survey concluded that radar detector owners are at least as safe drivers as nonowners. The National Institute for Highway Safety in Virginia, however, sees a strong need for banning detectors. The institute maintains that radar detectors are bought and sold for the sole purpose of avoiding speeding tickets. Institute research has shown that interstate highway drivers with radar detectors reduced their speeds by at least five miles per hour or activated their brake lights when exposed to police radar. Before this exposure, vehicles with detectors were traveling significantly faster than other drivers. An institute stu...
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