Petition to allow Radar Detectors in VA

Bagherra · 11-18-2012, 07:36 AM

Back in the day, if you got caught with a radar detector in VA, they took confiscated it. Turns out that was unconstitutional, "Illegal seizure" it was called.

I was reading a very interesting article about it on another forum, really opened my eyes about it.

From Radar Busters.com

"The use of a radar detector in a passenger vehicle is legal in all states with the exception of Virginia, Washington DC. and on military bases.

Laser Jammers and Radar Jammers are illegal in the states of Nebraska, Minnesota, Utah, California, Oklahoma, Virginia, Colorado, Illinois and Washington DC"

Laser jammers are emitting light, which is not regulated by the FCC, but can be regulated by the states.

A radar jammer (transmitter) that is powerful enough to blank a vehicle is actually illegal everywhere in the US, see the link below.

Technically the Federal Communications Act of 1934 states that you have the right to recieve any radio transmission that is out there. This was put into the act so that the government could not censor the airwaves, as was being done in some parts of Europe at the time. There is nothing in the act that exempts law enforcemet radars, radios or anything like that.

Here is the FCC public notice as to what you can and can't have as far as the Feds are concerned.

ftp://ftp.fcc.gov/pub/Bureaus/Mass_M.../da96-2040.pdf

So there is a federal law that says you can have a radar reciever. The state of Virgina can make it a crime to use it, but I don't think they want a court test case. Virginia was warned years ago by the FCC that confiscation of radio receivers (which is all a radar detector is) would subject the Commonwealth to federal charges each time they confiscate a detector, so they stopped doing it. The feds didn't want a case in federal court and the federal law is pretty clear. In some states the law was challenged based on the FCC Act, and some of the states rolled over before it could ever go to court. Virgina and DC are the only holdouts left.

RandyD · 11-18-2012, 08:00 AM

signed

Coon-azz · 11-26-2012, 12:53 PM

Quote:

Originally Posted by RandyD

signed

thanks so much.

Coon-azz · 11-26-2012, 12:53 PM

Quote:

Originally Posted by Bagherra

Back in the day, if you got caught with a radar detector in VA, they took confiscated it. Turns out that was unconstitutional, "Illegal seizure" it was called.

I was reading a very interesting article about it on another forum, really opened my eyes about it.

From Radar Busters.com

"The use of a radar detector in a passenger vehicle is legal in all states with the exception of Virginia, Washington DC. and on military bases.

Laser Jammers and Radar Jammers are illegal in the states of Nebraska, Minnesota, Utah, California, Oklahoma, Virginia, Colorado, Illinois and Washington DC"

Laser jammers are emitting light, which is not regulated by the FCC, but can be regulated by the states.

A radar jammer (transmitter) that is powerful enough to blank a vehicle is actually illegal everywhere in the US, see the link below.

Technically the Federal Communications Act of 1934 states that you have the right to recieve any radio transmission that is out there. This was put into the act so that the government could not censor the airwaves, as was being done in some parts of Europe at the time. There is nothing in the act that exempts law enforcemet radars, radios or anything like that.

Here is the FCC public notice as to what you can and can't have as far as the Feds are concerned.

ftp://ftp.fcc.gov/pub/Bureaus/Mass_M.../da96-2040.pdf

So there is a federal law that says you can have a radar reciever. The state of Virgina can make it a crime to use it, but I don't think they want a court test case. Virginia was warned years ago by the FCC that confiscation of radio receivers (which is all a radar detector is) would subject the Commonwealth to federal charges each time they confiscate a detector, so they stopped doing it. The feds didn't want a case in federal court and the federal law is pretty clear. In some states the law was challenged based on the FCC Act, and some of the states rolled over before it could ever go to court. Virgina and DC are the only holdouts left.

Very interesting read. Figures VA and DC. Broken at the core....still.

DIGItonium · 11-26-2012, 01:47 PM

Offtopic, 2theextreme told me about how it was illegal in VA to have the modded landing strip lights in the head lights because there was a limit to the number of lights on the front of the car. Each LED in the strip counted as 1 light bulb, so the head lights exceeded the legal limit.

Wow, seriously?

Glokwork · 11-26-2012, 04:05 PM

Back in the spring I had my inspection done at the dealer (terrible idea). They know me and my car, including all my mods. They pull it right in and fail it for a list of items and place a nice big rejection sticker on it. The thing that really blew my mind was the rear fog light failed in VA. They told me it was illegal to have 4 brake lights

FL 4Motion · 11-26-2012, 05:47 PM

Quote:

Originally Posted by DIGItonium

Offtopic, 2theextreme told me about how it was illegal in VA to have the modded landing strip lights in the head lights because there was a limit to the number of lights on the front of the car. Each LED in the strip counted as 1 light bulb, so the head lights exceeded the legal limit.

Wow, seriously?

Quote:

Originally Posted by Glokwork

Back in the spring I had my inspection done at the dealer (terrible idea). They know me and my car, including all my mods. They pull it right in and fail it for a list of items and place a nice big rejection sticker on it. The thing that really blew my mind was the rear fog light failed in VA. They told me it was illegal to have 4 brake lights

sorry guys, i'm not laughing at y'all, just at the asshattery that is the state of VA.

PapoZalsa · 11-26-2012, 08:40 PM

Quote:

Originally Posted by FL 4Motion

sorry guys, i'm not laughing at y'all, just at the asshattery that is the state of VA.

That is why I cannot wait to get the HELL out of this state!

11-18-2012, 07:36 AM	#46 (permalink)
Bagherra Base Member Join Date: Apr 2010 Location: Dark side of Moon Posts: 45 Drives: yes Rep Power: 15	Back in the day, if you got caught with a radar detector in VA, they took confiscated it. Turns out that was unconstitutional, "Illegal seizure" it was called. I was reading a very interesting article about it on another forum, really opened my eyes about it. From Radar Busters.com "The use of a radar detector in a passenger vehicle is legal in all states with the exception of Virginia, Washington DC. and on military bases. Laser Jammers and Radar Jammers are illegal in the states of Nebraska, Minnesota, Utah, California, Oklahoma, Virginia, Colorado, Illinois and Washington DC" Laser jammers are emitting light, which is not regulated by the FCC, but can be regulated by the states. A radar jammer (transmitter) that is powerful enough to blank a vehicle is actually illegal everywhere in the US, see the link below. Technically the Federal Communications Act of 1934 states that you have the right to recieve any radio transmission that is out there. This was put into the act so that the government could not censor the airwaves, as was being done in some parts of Europe at the time. There is nothing in the act that exempts law enforcemet radars, radios or anything like that. Here is the FCC public notice as to what you can and can't have as far as the Feds are concerned. ftp://ftp.fcc.gov/pub/Bureaus/Mass_M.../da96-2040.pdf So there is a federal law that says you can have a radar reciever. The state of Virgina can make it a crime to use it, but I don't think they want a court test case. Virginia was warned years ago by the FCC that confiscation of radio receivers (which is all a radar detector is) would subject the Commonwealth to federal charges each time they confiscate a detector, so they stopped doing it. The feds didn't want a case in federal court and the federal law is pretty clear. In some states the law was challenged based on the FCC Act, and some of the states rolled over before it could ever go to court. Virgina and DC are the only holdouts left. Last edited by Bagherra; 11-18-2012 at 07:44 AM.

11-26-2012, 01:47 PM	#50 (permalink)
DIGItonium A True Z Fanatic Join Date: Jan 2009 Location: Kansas Posts: 3,800 Drives: 09 Z34-TT 6MT Rep Power: 42	Offtopic, 2theextreme told me about how it was illegal in VA to have the modded landing strip lights in the head lights because there was a limit to the number of lights on the front of the car. Each LED in the strip counted as 1 light bulb, so the head lights exceeded the legal limit. Wow, seriously? __________________

11-26-2012, 04:05 PM	#51 (permalink)
Glokwork A True Z Fanatic Join Date: Jun 2011 Location: Roanoke, VA Posts: 2,657 Drives: 11 370Z MB 6MT Rep Power: 21	Back in the spring I had my inspection done at the dealer (terrible idea). They know me and my car, including all my mods. They pull it right in and fail it for a list of items and place a nice big rejection sticker on it. The thing that really blew my mind was the rear fog light failed in VA. They told me it was illegal to have 4 brake lights __________________ Precision Turbo Tial Turbosmart Fast Intentions Seibon Prosport Advan AD08R HKS Hipermax IV Nismo Evo-R PW:JDM UpRev Pioneer Escort Volk CE28N Top Mount Single Turbo 551whp/482wtq@10psi

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11-18-2012, 08:00 AM	#47 (permalink)
RandyD A True Z Fanatic Join Date: Mar 2011 Location: Potomac Falls, VA Posts: 2,977 Drives: 2010 370z 7AT Roadst Rep Power: 20	signed