New York Radar Detector Laws
New York does not impose a blanket prohibition on the use of radar detectors. It’s lawful to have and use a radar detector while driving in New York, but there are some important exceptions.
New York Vehicle and Traffic [VTL] Section 397. Vehicle and traffic law enforcement officials in the State of New York follow VTL 397 when writing tickets for radar detector violations. That statute does not prohibit the creation of a radar detector device. It doesn’t even prohibit the ownership or possession of radar and laser jammers, scramblers, and other devices that impede the speed-monitoring structures used by New York law enforcement agencies.
What it does prohibit, however, is the operation of a motor vehicle with a "radar detector" that goes off on a "public highway." In other words, if you’re using a radar detector in your motor vehicle while driving on a highway, you’re violating New York law. The prohibition applies to most major highways and entire town roads with posted speed limits of 55 mph or higher. It does not apply to private roads, driveways, roads in residential neighborhoods not maintained by a municipality, or to highways with a posted limit lower than 55 mph . It does apply to cities, at least as far as sections of the New York City beltway are concerned.
There are some limited exceptions which are noted in one subsection of VTL Section 397. These exceptions include the following:
• Owning or leasing "any radar or other device designed solely for the purpose of detecting speed trap radar" which is "not actually being used or operated on a public highway."
• The carrying, owning, selling, or leasing of "a radar detector designed solely for the purpose of detecting speed trap radar" that is "built into a motor vehicle by the manufacturer or motor vehicle dealer."
• The use of radar detectors as part of a commercial purpose "that are not otherwise specified" in the statute, such as scientific or research activities.
Section 397 goes on to define radar detectors, particularly the kind designed to detect speed trap radar. That kind is defined as "any device or piece of equipment in a motor vehicle that receives or detects electromagnetic waves" that are emitted as part of several named services. These services include the Federal Communications Commission (FCC) frequencies for both analog and digital signals, as well as other specified cable relay services.
Exceptions and Bans
There are specific restrictions on the use of radar detectors which should be observed. These include: Hoosick County, which is located near the New York-Vermont border, passing through several towns including Petersburgh, Berlin, and Sandgate, has banned the use of radar detectors. Hoosick County Town Law 247-3 requires the county clerk to provide signs at certain locations prohibiting their use. Motor carrier enforcement officers have the authority to inspect vehicles and determine whether or not the motor vehicle is compliant with the New York State Vehicle and Traffic Law. If you operate commercial vehicles for a living, keep in mind that the regulations for commercial vehicles operating in interstate commerce is more strict. The present restriction prohibits the use of radar detectors in all interstate commercial vehicles. Regulations state that commercial motor vehicle drivers may not use radar detectors and if they do, they can be subject to a fine. New York adopted the federal rule, and it is punishable by a fine of no more than $1000. For repeat offenders, the fine can be as much as $25,000.
Fines for Illegal Use
Use of radar detectors is illegal in New York, and violating this rule comes with penalties that can be both costly and inconvenient.
First and foremost, if you are pulled over for speeding or another charge and are found to be in possession of a radar detector, you will probably end up with a ticket for a traffic violation along with another one for illegal use of the radar detector. Since radar detector use is considered a traffic law, a conviction will lead to either two or three points on your license. If you drive a Commercial Motor Vehicle, you will receive ten points.
Fines associated with illegal use are also costly. The fine for a first-time offense is $150, which is doubled to $300 for a second offense and $450 for a third offense. In addition, there is a $93 surcharge that must be paid. Faced with the choice and no alternative but to own and operate a car, many New York residents have no choice but to admit guilt and pay the fines. Yet, even this option does not eliminate the consequences, as an admission of guilt results in liability, which leads to higher insurance rates.
Comparison with Neighboring States
Surrounding states tend to have similar laws concerning the use of radar detectors in vehicles, but there are some crucial differences worth noting. In northern New Jersey, radar detectors are not illegal, and there is no movement to ban their use in the state. The state of Connecticut completely prohibits the use of devices designed to detect radar emitting from speed detection equipment. Like New York, Massachusetts does not permit the sale, purchase or ownership of radar detector devices. In N.Y., it is legal to possess a radar device if the device was purchased prior to July 1, 1994. All areas in Pennsylvania prohibit the use of radar detectors in all types of vehicles, and as a result, selling these devices is illegal, and punishable by up to 90 days in jail, 15 days of which may be served in home confinement, or a $300 fine.
Legitimate Alternatives to Radar Detectors
Despite legislation like VTL Section 407 which bans radar detectors, device manufacturers continue to make accessories designed to help motorists avoid speeding tickets. And while it might seem that you are out of luck on the tools to help combat government speed traps, there are still a few legal alternatives available to drivers in New York. For example, there are several apps like Trapster and Waze which provide real-time location information on police speed traps in an area. While not illegal by themselves, the use of these apps is not foolproof. In some cases, police agencies are aware of the existence of these apps and send patrol cars into known "trap areas" to track. Not to mention that there is a time lag between when an incident occurs, whether a speeding ticket is actually written, and the time the app is updated . In addition to apps, some manufacturers have come up with ways to utilize GPS technology which may be familiar to some users. The SmartAutoFinder classifies "speed traps" based on the area where they are located. So, for example, if the police are only serving speeding tickets on a certain stretch of the BQE during rush hour, the SmartAutoFinder will alert drivers in the area. If drivers deviate from the BQE route without removing the safety app, he or she will receive a warning. Again, some local law enforcement agencies may pay attention to these in-car "radar detectors" and utilize them to track your movements. Keep this in mind the next time you start your car in New York.
Radar Jammers and Radar Detectors
Radar jammers operate by emitting a signal designed to disrupt the operation of police speed detection devices. Deliberately playing interference with a government-operated radar gun is a serious criminal offense in New York and throughout the U.S. A ticket for using a radar jammer or any other radar disruption device will be much more costly than a speeding ticket would be alone. Having a radio frequency field disruptor in your vehicle can be an expensive and troublesome mistake.
The difference between radar jammers and radar detectors is simple: a radar detector is legal and encourages safe driving habits; a radar jammer is illegal and encourages reckless driving behavior.
At the same time, New York State has banned the use of radar detectors in all trucks weighing more than 18,000 pounds. Since the definition of truck includes motor homes, campers, and pick-up trucks, in other words, just about all vehicles except private passenger automobiles, if you drive even a small truck, your radar detector in New York is not legal, and you could be ticketed for its use.
Because the Federal Government has legally prohibited the use of radar jammers within the jurisdiction of the Federal Communications Commission (FCC), a ticket for possessing or using a radar jammer may actually be a federal offense, bringing fines and/or imprisonment in addition to the state charges such use can bring.
Safety and Morality
As with many technologies, the debate over safety and ethical considerations of using radar detectors also continues. Many states, including New York, have enacted prohibitions on radar detectors in commercial vehicles. While supporters of radar detectors argue that these devices improve highway safety by forcing drivers to adhere to posted speed limits, opponents argue that they have the opposite effect, allowing reckless drivers to speed with impunity under the cloak of invisibility. Some members of law enforcement since have noted that radar detectors have rendered traditional radar as an increasingly ineffectual speed enforcement tool due to the ubiquity of radar detectors. Moreover , as sophisticated as contemporary radar guns are, there are certain problems that radar has attempting to precisely calculate speed in the real world where other devices, like clocking or LIDAR, do not face. Finally, radar guns require a line of sight to clock a vehicle, meaning that a police officer waiting on the side of the road may miss speeders with speeders being hidden behind other vehicles or depending on which direction they are approaching from. Other speed detection devices, like radio or VASCAR, do not face such physical obstructions. Accordingly, even if radar is less effective, police officers still may catch unsuspecting speeding motorists through other means.