Interpreting Virginia's Radar Detector Laws

[coold8]

Hi all,

I have a few questions on the Virginia Radar Detector Laws. Now the law says this: 46.2-1079. Radar detectors

"A. It shall be unlawful for any person to operate a motor vehicle on the highways of the Commonwealth when such vehicle is equipped with any device or mechanism, passive or active, to detect or purposefully interfere with or diminish the measurement capabilities of any radar, laser, or other device or mechanism employed by law-enforcement personnel to measure the speed of motor vehicles on the highways of the Commonwealth for law-enforcement purposes. It shall be unlawful to use any such device or mechanism on any such motor vehicle on the highways. It shall be unlawful to sell any such device or mechanism in the Commonwealth. However, provisions of this section shall not apply to any receiver of radio waves utilized for lawful purposes to receive any signal from a frequency lawfully licensed by any state or federal agency.

"This section shall not be construed to authorize the forfeiture to the Commonwealth of any such device or mechanism. Any such device or mechanism may be taken by the arresting officer if needed as evidence, and, when no longer needed, shall be returned to the person charged with a violation of this section, or at that person's request, and his expense, mailed to an address specified by him. Any unclaimed devices may be destroyed on court order after six months have elapsed from the final date for filing an appeal.

"Except as provided in subsection B of this section, the presence of any such prohibited device or mechanism in or on a motor vehicle on the highways of the Commonwealth shall constitute prima facie evidence of the violation of this section. The Commonwealth need not prove that the device or mechanism in question was in an operative condition or being operated."

The 3 questions I have are:
1. When they say you can't have it on a Virginia Highway, does that mean, when driving down a backroad it is allowed? Do Municipalities usually have laws covering what the Virginia law states?
2. What about driving in Shenandoah? Does that count as State Land or Federal Land from an enforcement standpoint? If it is federal land do State laws cover Shenandoah?
3. If I get a device like the 9500ci, is that possible to detect by Radar Detector Detectors? Also, is my 9500xi possible to be detected by Radar Detector Detectors?

Thanks.

-David J. Eisen

[Z1NONLY]

9500CI is not detectable.

9500ix is detectable.

[stealthJamal]

Hi all,

I have a few questions on the Virginia Radar Detector Laws. Now the law says this: 46.2-1079. Radar detectors

"A. It shall be unlawful for any person to operate a motor vehicle on the highways of the Commonwealth when such vehicle is equipped with any device or mechanism, passive or active, to detect or purposefully interfere with or diminish the measurement capabilities of any radar, laser, or other device or mechanism employed by law-enforcement personnel to measure the speed of motor vehicles on the highways of the Commonwealth for law-enforcement purposes. It shall be unlawful to use any such device or mechanism on any such motor vehicle on the highways. It shall be unlawful to sell any such device or mechanism in the Commonwealth. However, provisions of this section shall not apply to any receiver of radio waves utilized for lawful purposes to receive any signal from a frequency lawfully licensed by any state or federal agency.

"This section shall not be construed to authorize the forfeiture to the Commonwealth of any such device or mechanism. Any such device or mechanism may be taken by the arresting officer if needed as evidence, and, when no longer needed, shall be returned to the person charged with a violation of this section, or at that person's request, and his expense, mailed to an address specified by him. Any unclaimed devices may be destroyed on court order after six months have elapsed from the final date for filing an appeal.

"Except as provided in subsection B of this section, the presence of any such prohibited device or mechanism in or on a motor vehicle on the highways of the Commonwealth shall constitute prima facie evidence of the violation of this section. The Commonwealth need not prove that the device or mechanism in question was in an operative condition or being operated."

The 3 questions I have are:
1. When they say you can't have it on a Virginia Highway, does that mean, when driving down a backroad it is allowed? Do Municipalities usually have laws covering what the Virginia law states?
2. What about driving in Shenandoah? Does that count as State Land or Federal Land from an enforcement standpoint? If it is federal land do State laws cover Shenandoah?
3. If I get a device like the 9500ci, is that possible to detect by Radar Detector Detectors? Also, is my 9500xi possible to be detected by Radar Detector Detectors?

Thanks.

-David J. Eisen

1. Any public road or highway is considered highway of the commonwealth. So any state or local route. A parking lot is not considered a highway of the commonwealth so it would not be illegal to use a radar detector in a parking lot like when I happened to find the Spectre IV turned on in a VSP cruiser and took video of it.

2. The state traffic laws would still cover Shenandoah.

3. Escort 9500ci will not be detected by a radar detector detector (as long as the 9500ci is not defective). Yes, the 9500xi can be detected by the Spectre radar detector detector.

[stlcardsfan]

Hi all,

I have a few questions on the Virginia Radar Detector Laws. Now the law says this: 46.2-1079. Radar detectors

"A. It shall be unlawful for any person to operate a motor vehicle on the highways of the Commonwealth when such vehicle is equipped with any device or mechanism, passive or active, to detect or purposefully interfere with or diminish the measurement capabilities of any radar, laser, or other device or mechanism employed by law-enforcement personnel to measure the speed of motor vehicles on the highways of the Commonwealth for law-enforcement purposes. It shall be unlawful to use any such device or mechanism on any such motor vehicle on the highways. It shall be unlawful to sell any such device or mechanism in the Commonwealth. However, provisions of this section shall not apply to any receiver of radio waves utilized for lawful purposes to receive any signal from a frequency lawfully licensed by any state or federal agency.

"This section shall not be construed to authorize the forfeiture to the Commonwealth of any such device or mechanism. Any such device or mechanism may be taken by the arresting officer if needed as evidence, and, when no longer needed, shall be returned to the person charged with a violation of this section, or at that person's request, and his expense, mailed to an address specified by him. Any unclaimed devices may be destroyed on court order after six months have elapsed from the final date for filing an appeal.

"Except as provided in subsection B of this section, the presence of any such prohibited device or mechanism in or on a motor vehicle on the highways of the Commonwealth shall constitute prima facie evidence of the violation of this section. The Commonwealth need not prove that the device or mechanism in question was in an operative condition or being operated."

The 3 questions I have are:
1. When they say you can't have it on a Virginia Highway, does that mean, when driving down a backroad it is allowed? Do Municipalities usually have laws covering what the Virginia law states?
2. What about driving in Shenandoah? Does that count as State Land or Federal Land from an enforcement standpoint? If it is federal land do State laws cover Shenandoah?
3. If I get a device like the 9500ci, is that possible to detect by Radar Detector Detectors? Also, is my 9500xi possible to be detected by Radar Detector Detectors?

Thanks.

-David J. Eisen

1 and 2... No. They are illegal period.

3. The most effective approach taken to defeat radar detector detectors is not to detect them but not to be detectable by them. Your 9500ix is detectable by the radar detector detectors used by Virginia law enforcement such as the Spectre. The 9500ci is, however, undetectable by all.

[proudNMAmember]

The Bel STi and Escort Redline are also undetectable against the Spectre RDD and cost less than the Escort 9500ci. This doesn't mean the ci is bad as it performed well at the last Languy invitational, but if money is an issue, the two above should suit you well.

[Asleeper]

However, provisions of this section shall not apply to any receiver of radio waves utilized for lawful purposes to receive any signal from a frequency lawfully licensed by any state or federal agency.

Is it just me or does this contradict the RD law itself? In other words, as long as your not speeding its legal to use an RD.

[stlcardsfan]

However, provisions of this section shall not apply to any receiver of radio waves utilized for lawful purposes to receive any signal from a frequency lawfully licensed by any state or federal agency.

Is it just me or does this contradict the RD law itself? In other words, as long as your not speeding its legal to use an RD.

Hmm.. I guess it depends on how you view RDs. As a device to make you more aware or to intentionally break the law.

[proudNMAmember]

That is strange how it's worded.

[Gokhos]

Hi all,

I have a few questions on the Virginia Radar Detector Laws. Now the law says this: 46.2-1079. Radar detectors

"A. It shall be unlawful for any person to operate a motor vehicle on the highways of the Commonwealth when such vehicle is equipped with any device or mechanism, passive or active, to detect or purposefully interfere with or diminish the measurement capabilities of any radar, laser, or other device or mechanism employed by law-enforcement personnel to measure the speed of motor vehicles on the highways of the Commonwealth for law-enforcement purposes. It shall be unlawful to use any such device or mechanism on any such motor vehicle on the highways. It shall be unlawful to sell any such device or mechanism in the Commonwealth. However, provisions of this section shall not apply to any receiver of radio waves utilized for lawful purposes to receive any signal from a frequency lawfully licensed by any state or federal agency.

"This section shall not be construed to authorize the forfeiture to the Commonwealth of any such device or mechanism. Any such device or mechanism may be taken by the arresting officer if needed as evidence, and, when no longer needed, shall be returned to the person charged with a violation of this section, or at that person's request, and his expense, mailed to an address specified by him. Any unclaimed devices may be destroyed on court order after six months have elapsed from the final date for filing an appeal.

"Except as provided in subsection B of this section, the presence of any such prohibited device or mechanism in or on a motor vehicle on the highways of the Commonwealth shall constitute prima facie evidence of the violation of this section. The Commonwealth need not prove that the device or mechanism in question was in an operative condition or being operated."

The 3 questions I have are:
1. When they say you can't have it on a Virginia Highway, does that mean, when driving down a backroad it is allowed? Do Municipalities usually have laws covering what the Virginia law states?
2. What about driving in Shenandoah? Does that count as State Land or Federal Land from an enforcement standpoint? If it is federal land do State laws cover Shenandoah?
3. If I get a device like the 9500ci, is that possible to detect by Radar Detector Detectors? Also, is my 9500xi possible to be detected by Radar Detector Detectors?

Thanks.

-David J. Eisen

What does the following mean:

"However, provisions of this section shall not apply to any receiver of radio waves utilized for lawful purposes to receive any signal from a frequency lawfully licensed by any state or federal agency."

Is a radar detector not a receiver of radio wayes?


Based on this:

"Except as provided in subsection B of this section, the presence of any such prohibited device or mechanism in or on a motor vehicle on the highways of the Commonwealth shall constitute prima facie evidence of the violation of this section. The Commonwealth need not prove that the device or mechanism in question was in an operative condition or being operated."

Even the presence of a RD in a vehicle is evidence of violation. I am not sure what subsection B. says though. What about drivers simply traveling through VA from other states? Are they expected to leave their RD outside the state, go around VA, or even thorugh them away?

[Lucky225]

Hi all,

I have a few questions on the Virginia Radar Detector Laws. Now the law says this: 46.2-1079. Radar detectors

"A. It shall be unlawful for any person to operate a motor vehicle on the highways of the Commonwealth when such vehicle is equipped with any device or mechanism, passive or active, to detect or purposefully interfere with or diminish the measurement capabilities of any radar, laser, or other device or mechanism employed by law-enforcement personnel to measure the speed of motor vehicles on the highways of the Commonwealth for law-enforcement purposes. It shall be unlawful to use any such device or mechanism on any such motor vehicle on the highways. It shall be unlawful to sell any such device or mechanism in the Commonwealth. However, provisions of this section shall not apply to any receiver of radio waves utilized for lawful purposes to receive any signal from a frequency lawfully licensed by any state or federal agency.

"This section shall not be construed to authorize the forfeiture to the Commonwealth of any such device or mechanism. Any such device or mechanism may be taken by the arresting officer if needed as evidence, and, when no longer needed, shall be returned to the person charged with a violation of this section, or at that person's request, and his expense, mailed to an address specified by him. Any unclaimed devices may be destroyed on court order after six months have elapsed from the final date for filing an appeal.

"Except as provided in subsection B of this section, the presence of any such prohibited device or mechanism in or on a motor vehicle on the highways of the Commonwealth shall constitute prima facie evidence of the violation of this section. The Commonwealth need not prove that the device or mechanism in question was in an operative condition or being operated."

The 3 questions I have are:
1. When they say you can't have it on a Virginia Highway, does that mean, when driving down a backroad it is allowed? Do Municipalities usually have laws covering what the Virginia law states?
2. What about driving in Shenandoah? Does that count as State Land or Federal Land from an enforcement standpoint? If it is federal land do State laws cover Shenandoah?
3. If I get a device like the 9500ci, is that possible to detect by Radar Detector Detectors? Also, is my 9500xi possible to be detected by Radar Detector Detectors?

Thanks.

-David J. Eisen

What does the following mean:

"However, provisions of this section shall not apply to any receiver of radio waves utilized for lawful purposes to receive any signal from a frequency lawfully licensed by any state or federal agency."

Is a radar detector not a receiver of radio wayes?


Based on this:

"Except as provided in subsection B of this section, the presence of any such prohibited device or mechanism in or on a motor vehicle on the highways of the Commonwealth shall constitute prima facie evidence of the violation of this section. The Commonwealth need not prove that the device or mechanism in question was in an operative condition or being operated."

Even the presence of a RD in a vehicle is evidence of violation. I am not sure what subsection B. says though. What about drivers simply traveling through VA from other states? Are they expected to leave their RD outside the state, go around VA, or even thorugh them away?

Prima Facie means it's enough evidence to cite, but may not be enough to convict.