Radar Detectors in Kansas: The Legal Status
In Kansas, the legal status of radar detectors in vehicles is fairly permissive. Unlike some states that outright prohibit their use, Kansas allows drivers to possess and operate radar detectors in the vast majority of situations. The relevant statute is Kan. Stat. Ann. § 8-2107, which states:
"(a) No driver of a motor vehicle shall possess, operate or use within the passenger compartment of a motor vehicle a device capable of detecting or disclosing the presence of speed measuring instruments.
(b) The provisions of this section shall not apply to any of the following:
- (1) A motor carrier regulated by the United States federal highway administration;
- (2) any commercial motor vehicle subject to part 392 of the federal motor carrier safety regulations; or
- (3) any motor vehicle registered outside of this state…"
The law does not provide a definition for what a "device capable of detecting or disclosing the presence of speed measuring instruments" is. It is clear, however, that radar detectors are included in that definition . Unfortunately, as many drivers in Kansas have learned the hard way, there can be some ambiguity in the application of this law, especially when it comes to radar jammers.
A radar jammer is a device that disrupts the operation of law enforcement radar. It does not passively detect radar waves. Instead, it actively interferes with them. Unlike "passive" radar detectors, which are legal in most states, radar jammers are illegal in the majority of states, including Kansas. That’s why you will never see a company like Escort producing a radar jammer as well as a radar detector. By law, there can be no such thing as a radar jammer that’s legal.
Some "stealth radar detectors" on the market claim to be illegally disguised as radar jammers by adding a small amount of power to the defensive laser signal. This is unethical, and it’s almost certainly against the law.
If you have any doubts about whether your radar detector is legal in Kansas, call the manufacturer and ask their advice. Better yet, steer clear of the jammers and stick only with the passive radar detectors.
Radar Detectors and Federal Law
In addition to state regulations, federal laws also exist that govern the use of radar detectors, particularly in commercial motor vehicles (CMVs). The Federal Motor Carrier Safety Administration (FMCSA) has its own rules and limitations concerning CMV operation and equipment. Most notably, it prohibits CMV drivers from operating a vehicle while in possession of a radar detector, even in a state that allows the possession and use of radar detectors by non-professional drivers. While some states are able to provide waivers for their non-professional drivers, this does not apply to those driving CMVs. However, the FMCSA regulation applies only to interstate transportation, not intrastate travel. Operators of intrastate CMVs may still be subject to state radar detector regulations but are exempt from federal restrictions and, therefore, could operate their vehicles with a radar detector when intrastate.
Kansas Exceptions and The Law
There are certain exceptions and restrictions in Kansas traffic law that you should definitely consider when using a radar detector. An exception would be if police radar was used to clock your speed on a residential street that has a speed limit of 30 miles per hour. Speed limits on residential streets in Kansas are often for the safety of children playing and the number of parked cars. An exception to the radar detector law in Kansas would also be if you work for the county or city government and your job requires that you drive. You will be exempt from any radar detector law, so long as you abide by reasonable driving habits and use the radar detector in your government vehicle. A restriction on the Kansas radar detector law is that you cannot use it in a truck or bus if it weighs more than 10,000 pounds. Exceptions and restrictions on Kansas radar detector laws primarily fall under municipal government.
The Consequences of Illegal Uses in Kansas
The penalties for operating a vehicle with an illegal radar detector can vary depending on the precise nature of the violation, but in the state of Kansas law enforcement officers can charge drivers who are caught using a radar detector in a commercial vehicle where they are not allowed. Operating a commercial vehicle that contains a radar detector is a Class B misdemeanor and the offenders can be fined up to $1,000 per Kansas Statutes Section 8-2619. As far as fines go, any other type of vehicle on the road that is outfitted with a radar detector can result in a fine of $250. In addition, drivers pulled over for an illegal radar detector can have their equipment confiscated and damaged, which can leave them looking at the expense of replacement equipment.
Legal Uses of Radar Detectors
To make the most of your radar detector experience in Kansas, keep these tips in mind to use these devices legally and safely:
Keep Your Eyes on the Road – While your radar detector may alert you to a stationary speed trap ahead, it is still vital that you focus on all traffic lights and vehicles around you at all times. Do not become too reliant on your radar detector, because the alerts that you receive may not always be accurate. Plus, traffic laws require drivers to keep their eyes on the roadway and at all times and places without being distracted.
Use Only Designated Windshield Mounting Spots – Many drivers decide to mount their radar detectors on their windshields. Some states have specific locations on the windshield where such devices can be legally placed, but Kansas is not one of those states. When installing a radar detector on the windshield, place it on the driver’s side , within the top five inches and the bottom seven inches. Also, keep it outside of the driver’s field of view, as doing so may lead to a violation of the law.
Avoid Hiding the Detector – While you do not want to commit a violation of the law by placing your radar detector in the driver’s field of vision, you also do not want to hide the device to the point where it is unusable in case of an emergency. If you have to reach up to touch the windshield, it should be within your reach. Avoid placing it behind your rearview mirror.
Take a Moment to Understand Your Radar Detector – Your radar detector may have several alert sounds for when the radar detector goes off. You should take your time to listen to all the alert sounds, so that you know the difference between a stationary speed trap, a stationary speed camera and a moving speed trap. Even the radar detector alerts which change based on travel speed can be useful to enhance your driving.
Radar Jammers and Their Legality
The main distinction you should keenly be aware of is that most radar detectors are completely legitimate, but jammers are typically illegal everywhere, including Kansas state. The key deterrent to using one of these radar jammers is the automatic steep fine you will have to pay if you are caught. Fines can reach up to $75,000 per violation. Not only that, but the law also states that any device that jams or interferes with the operation of any other electronic device is illegal. So while it may seem free and worth the risk up front, the penalties for using a radar jammer will make it a regrettable decision in the long run for most people. While Kansas has some of the most lenient rules for radar detectors, the bottom line is that you should always be sure you are keeping your speed within the limits and never use a radar detector as an excuse to break the law.
FAQs
Frequently Asked Questions about Radar Detector Laws in Kansas
To help my readers understand the background of radar detectors and their legalities in Kansas, I will be answering a few frequently asked questions.
The legal jargon around this topic can be overwhelming for the everyday driver with a law degree. That’s why I’m here to help simplify it for you.
Q: Are radar detectors legal in Kansas?
Kansans are allowed to use a radar detector in most situations. Using one does not carry any fines or penalties in and of itself. You can avoid any headaches and hassles by following the law and using your radar detector smartly.
Q: I was pulled over for speeding but got a ticket for having a radar detector. Is that a thing?
Yes, with honesty and a deep appreciation of the law, it is a thing. Using an illegal radar detector may result in your speeding ticket being accompanied by an additional fine for breaking the law. To avoid that fate, only use a radar detector that meets Kansas laws.
Q: If I forgot to turn off my radar detector when I approached a police car on the side of the road, will I get a ticket for that?
Maybe. Many officers understand that radar detectors can be deceiving in some circumstances. Officers tend to have a keen sense of knowing if the driver is simply using a radar detector as a convenient speed-measuring tool or if the driver has malicious intent. If you were just driving too fast , nothing may come of it. But if you were caught at a traffic light or stop sign and place, then hit the gas significantly harder than normal, and often, you may find yourself getting in trouble, even if it wasn’t the radar detector’s fault.
Q: Does having a radar detector in my vehicle exempt me from various open container laws in Kansas?
Not at all. Open container laws say you cannot have an unsealed container of alcohol in reach of the driver or passenger. Having a radar detector in your vehicle does not give you a free pass for drinking and driving.
Q: I was let off my speeding charge when the officer realized he couldn’t ticket me for having a radar detector. Was that right?
Many officers will take into consideration the context and all other details. Some may let the radar detector go as a mistake, some may not. But ultimately, the radar detector doesn’t have anything to do with the radar guns they are pointing at you when they pull you over. The speeding violation is the same with or without a radar detector.
Q: I’ve heard only more high-tech radar detectors are legal in Kansas. Is that true?
No, it’s not true. Some misinformation around the topic indicates that some of the low-end radar detectors that don’t provide advanced notification of a signal are illegal. But that last time I checked, the only illegal radar detectors were the ones that measure the speed of a lawfully operated motor vehicle.