Are Radar Detectors Allowed in Texas?
The legality of radar detectors in Texas is an important topic for drivers in the Lone Star State to understand. In general, radar detectors are legal for personal and commercial vehicles on federal highways. However, state laws vary. If you are pulled over for speeding and are using a radar detector, it is not illegal evidence if you are charged with drinking and driving or another non-speeding-related charge . Additionally, radar detectors may be used in any private vehicle unless there is a company policy against having them.
Madisyn L. Irving of Metroplex Detectors reports that, "Radar detectors have been legal in Texas for quite some time. There are still a few car rental places that will not let you use them but most of the corporate rentals do."
Radar detectors have been legal in Texas since 1977. It is only illegal to use a radar detector that interferes with law enforcement radar.
Radar Detectors: Federal Regulations vs. Texas Law
Long before there were speed cameras, most motorists relied on radar detectors to get an alert about nearby law enforcement officers wielding radar guns. With the re-emergence of speed cameras in Texas, the average motorist is probably interested in knowing if these devices will let them know about red-light cameras or speed cameras.
We’ll get to that in a minute.
First, let’s take a look at the federal laws governing radar detectors. Radar detectors are illegal in the District of Columbia, Virginia and most of Canada. The United States government does restrict the use of radar detector detectors by commercial vehicles on certain highways. However, common passenger vehicles are not included in this exclusion.
Federal law prohibits use of a radar detector within the 13 states that use only the Federal Motor Carrier Safety Administration (FMCSA) rules for inspection and weight. These states are Connecticut, Florida, Illinois, Georgia, Massachusetts, Missouri, Ohio, New Jersey, Pennsylvania, Rhode Island, Tennessee, Vermont and Virginia. (Note that New Jersey has passed and formally announced plans to stop its use of FMCSRs, making it actually exempt from this rule.)
Texas is not affected by this federal restriction, as it is not an FMCSA state.
Besides the federal law discussed above, Texas has its own law that regulates radar detectors. Specifically, Texas law prohibits the use of radar detectors in a motor vehicle weighing more than 10,000 pounds. Because there are many cases in which a tractor-trailer will have a gross weight to well over 10,000 pounds, there will be a fairly large number of commercial trucks that are precluded from using a radar detector in Texas.
Punishments for Illegal Use of Radar Detectors
The legal ramifications for unlawful radar detector usage in the state of Texas include fines, citations, and the possible confiscation of the device. A driver who is caught using a banned radar detector cannot contest their ticket by claiming that radar detectors are illegal for all or some drivers in Texas. This is because the use of radar detectors is only illegal for drivers of commercial motor vehicles in the state. Commercial motor vehicles are defined on the Texas Department of Transportation website as any vehicle that meets one or more of the following criteria:
The amount and severity of the penalty for the illegal use of a radar detector varies by jurisdiction. Most of the time, a driver is simply issued a ticket and given a citation to appear in court to answer to the charge. In the worst-case scenario, the driver may have the offending device confiscated.
Depending on the jurisdiction and how strictly the district enforces radar detector laws, a driver who has been issued a ticket will be given a reasonable amount of time to appear in traffic court to contest or admit to the charge against him or her. If the driver pleads guilty and pays the fine or is found guilty at trial, he or she has usually admitted guilt for the offense. In this case, the police officer may write the driver another ticket for failing to comply with the first traffic citation. The vehicle may also be impounded until a judge can hear the matter in court.
As discussed above, the transportation code is very specific when it comes to when using a radar detector is against the law in the state of Texas. Because of this, most of the criminal and civil accountability hinges on whether the device was being illegally used at the time the person was pulled over and cited.
For this reason, it is important for commercial motor vehicle operators to familiarize themselves with the types of radar detector devices that are not allowed in the state and ensure that they do not make use of such an equipment. Unfortunately, it is important to note that many drivers of commercial motor vehicles are not aware of the laws regarding the use of radar detection equipment. Additionally, many officers do not know when these devices are lawfully used and when they aren’t. Because of this, many drivers are caught by surprise when they are pulled over by police who do not know the law.
Legal Differences Between Radar Detectors and Laser Jammers
Texas radar detectors and radar jammers are two devices commonly used by drivers to avoid speeding tickets, and there is some confusion about their similarities and differences in Texas. However, radar jammers are illegal in Texas and should never be used.
So how do these two devices work? Radar detectors identify the presence of radar signals emitted by law enforcement radar guns. Radar detectors alert the driver that she is in the range of the radar signal. There are numerous models on the market that vary in size, price, features and sensitivity. The Texas Department of Transportation advises against the use of radar detectors because they "learn" the locations of all the stationary radar guns it detects . Some believe that radar detector data can be used as evidence in court, but this has not been shown. Even if data were admissible, it would not affect a determination of guilt or innocence.
Laser jammers and laser scramblers, however, are illegal in Texas. These devices are intended to scramble or jam the laser signals emitted by laser speed guns. These laser speed guns emit a very compact beam of light that is reflected back to the speed trap, which allows officers to determine the speed of the vehicle. Laser jammers are able to detect these signals from 300 to 1,500 feet away and then rebroadcast another signal to the vehicle’s system in order to provide a blank reflection for the officer. Laser jammers are often sold with radar detectors as a package and can result in a hefty fine in Texas.
Texas Radar Detector Tips for Drivers
For those who choose to use radar detectors in Texas, here are some important tips to keep in mind to ensure compliance with the law and promote safe driving: Restricted Areas: Radar detectors are prohibited in school zones, interstate construction zones, and certain work zones with variable speed limits. Avoid using your radar detector in these areas to avoid a ticket. In Texas, if a radar detector "keeps track of road speed" and issues a warning based thereon , it’s considered a speedometer and that’s illegal in a work zone. Hidden Devices: Consider using a corded device to avoid violation of the hidden radar detector law. A corded radar detector allows you to have access to your radar detector without it being visible from outside your vehicle. Know Your Device: Familiarize yourself with the calibration requirements for your Texas certified speed measuring device and the frequency range of your radar detector. Be sure your radar detector is compatible with the frequency range of your speed measuring device. Obey Speed Limits: Remember that a radar detector cannot exempt you from all violations of Texas law. This includes following posted speed limits.