Legality of Radar Detectors in Rhode Island
While laser jammers are legal in the Ocean State, the law states that "no person shall operate any motor vehicle upon any highway using the services or products of any personal radar service or laser speed measuring device." Even though the law makes no specific mention of radar detectors, by definition it includes VASCAR and other methods used by law enforcement to catch speeding motorists. Furthermore, in order to operate a radar detector , you’re essentially using the services or products of a radar speed measuring device.
A radar detector is allowed in Rhode Island only if it meets the criteria established by R.I.G.L. ยง 31-16.1-4(a), which reads: A radar detector shall not be operated on any public street or highway by any person unless the radar detector incorporates a filtering or muting feature which in the opinion of the state police provides at least the same amount of protection against false alerts from radar speed detection equipment as would be provided by a filter called the "supermarket filter".
Rhode Island State Law vs. Federal Radar Detector Law
When it comes to radar detector laws, state and federal regulations often intersect, creating a complex landscape for drivers. In Rhode Island, the state law is generally considered more lax compared to federal regulations. However, federal law still poses certain limitations on the use of radar detectors.
Under Rhode Island law, the use of radar detectors is legal in passenger vehicles for personal use. The Rhode Island General Laws Section 31-15-12 allows drivers to use these devices unless they are operating a commercial vehicle. Commercial drivers need to be mindful, as the Federal Motor Carrier Safety Administration (FMCSA) has strict prohibitions on using such devices after consolidating under the United States Department of Transportation (USDOT) in 2015.
Federal law is much stricter and generally prohibits the use of radar detectors in commercial vehicles. According to 49 CFR Part 392 Subpart E, commercial motor vehicle (CMV) drivers are restricted from using a radar detector during operation. This limitation applies to all CMV vehicles weighing more than 10,000 lbs, which includes the larger pick-up trucks and SUVs many Rhode Islanders use today. These SUVs and trucks, while not classified as commercial vehicles, are still subject to this federal limitation in addition to the Rhode Island law that prohibits CMV drivers from using radar detectors.
In addition to these restrictions, Rhode Island implements technical restrictions on the devices themselves. The Rhode Island Department of Transportation (RIDOT) Section 42-13-2 bans the use of devices that transmit signals onto the highway and detects them through their own sensors, including systems that indicate the proximity of speed enforcement cameras. The RIDOT law cites this text specifically:
(a) No person shall use or possess on any highway or street any television receiver, receiver &/or transmitter, or other device that transmits a signal onto the highway to be detected by a police radar detector or any similar device.
(b) No person shall use or display on an highway or street any device designed to detect or transmit a signal from speed enforcement cameras.
The scope of this RIDOT law is broad. The use of any and all devices that convey video or voice information while you are driving are prohibited. System functions like "speed trap radar warnings," photo radar camera location warnings, speed limit warnings, and user-programmable alert warnings are not permitted in Rhode Island.
In comparison, neighboring Massachusetts only prohibits the use of radar detectors in commercial vehicles. New Hampshire, however, does not restrict the use of radar detectors at all. The legal use of radar detectors in all kinds of vehicles makes New Hampshire one of the last states with no prohibition on their use.
Consequences for Breaking the Radar Detector Law
Penalties for Violating Radar Detector Laws in Rhode Island
If you are detected with a radar detector that is restricted by statute or using a modified radar detector (for example, one with the antennae cut off), you will typically be charged with a civil infraction, and issued a ticket. The fine for this civil infraction is $90.00, but it can also come attached to points on your license (3 points in this case). In most cases, you have to request a hearing and appear in court in order to determine your appropriate fine and/or if the charge will stick, however, in some cases, such as if you appear to be contesting an officer’s authority or the equipment that was used to identify the radar detector, the officer will likely request that the ticket be amended to a misdemeanor charge of violating the statute prohibiting the use of radar detectors (and other devices) within a moving vehicle (most likely to be identified as a charge under R.I.G.L. 31-26-7). This is a misdemeanor charge, and therefore requires an arraignment and possible jury trial if you plead not guilty. The monetary penalty for this charge is $100.00, and is justifiably higher than for the civil infraction because it goes on your criminal record. Note that a conviction, or even a guilty plea, on a misdemeanor charge can have the same effect as a felony conviction, including prohibiting many types of employment and prohibiting you from ever owning a firearm again. However, there is no potential penalty of imprisonment or incarceration related to this specific charge.
Reasons Some States Prohibit Radar Detectors
The reasons for the pervasive ban of these traffic devices vary and include concerns for safety, law enforcement efficacy, and unfairness in traffic enforcement.
Safety: Law enforcement agencies have long contended that radar detectors compromise the ability to predict traffic flows on highways, and that circumventing radar checks has significant safety costs. Every year, it is estimated that 150 to 200 lives are lost as a result of excessive speeding, and more than 23,000 injuries due to car crash injuries are reported. But it is fair to point out that many automobile safety advocates feel that the banning of radar detectors is unwarranted.
Law Enforcement Efficacy: Law enforcement officials have similarly argued that the availability of radar detectors undermines their ability to effectively enforce speed limits. They contend that the devices make speed limits unenforceable. But some police departments target trucks almost exclusively for speed enforcement. Law enforcement officials further contend that the heavy cost of traffic accidents generally is shifted to the taxpayer who must pay for the resulting medical, insurance and family costs Economic fairness is one of the reasons for the ban in Rhode island .
Fairness in Traffic Enforcement: The absence of multiple transportation options (bicycles and public transit) in Rhode Island has been cited as a reason for the perceived unfairness of the current Rhode Island radar detector law. It is fair to say that the ban of radar detectors in Rhode Island serves to level the playing field for all Rhode Island motorists (and motorcyclists to a certain extent). A good number of Rhode Island motorists ignore posted speed limits (along with signs stating "Speed Enforced by Radar"). It is important to remember that this is not simply a rural versus urban issue. There are rural parts of Central and Northern Rhode Island where the radar detector ban is just as prevalent as in urban Rhode Island. Rural drivers can be just as careless as urban motorists and vice versa. Indeed, it can said that an increase in the amount of "open road" experienced by rural motorists may be an inhibiting factor for rhode island legislators to amend the law.
Radar Detector Alternatives
While a radar detector may help keep you out of trouble, it is not the only option available. With advances in technology, there are numerous alternatives that may be more beneficial and, unfortunately, more costly. Laws are constantly evolving and changing and, as of now, police radar detectors are legal in all 50 states.
There is a wide range of speed trap apps out there on the market, most of which are free of charge. Many rely on information inputted by other users. Thus, their success is limited in that they may only pick up on updates once a significant amount of users have inputted such information. While it can sometimes take hours or even days for others to do so, the app’s use may still prove effective. It is important to remember that the additional dangers of texting and driving apply if you attempt to use a speed trap app while driving.
There are several built-in radar detectors in vehicles today, including the Mercedes Benz Distronic Distance Control, which uses a laser-based sensor to give you warnings when you’re getting too close to the car in front of you, and the BMW Speed Limit Indicator, which will warn you if you are exceeding the speed limit. These systems actually track the speed of your vehicle compared with posted speed limit signs.
Another option would be the common warning system by Waylens, which is typically used in the Waylens 360 cameras. This system uses your phone’s GPS and gyroscope to monitor your surroundings and let you know if you are exceeding the speed limit. Other systems like the Waze app use your phone’s location to warn you of nearby radar and speed traps.
Another option is Smart Cruise, which is designed to limit the power sent to the engine while you drive, keeping you at the speed limit. However, this technology is not available in vehicles yet.
Alternatives to radar detectors offered in some commercially available vehicles are available. They allow you to stay within the speed limit at all times, but they are not very common. With advancements in technology, more options may become available in vehicles on the market today.
Although radars are legal, if not strictly regulated, they are nevertheless subject to constitutional and statutory limitations. A speeding ticket is not just a black and white situation. When it comes to radar detection, it is important to know your rights and how to ensure that the radar was not improperly used or mishandled.
Speed Limit Tips
Alongside investing in a high-quality radar detector, there are other strategies you can use to ensure that you obey the speed limits in Rhode Island and avoid any unnecessary additional charges for speeding. Ensuring that you have another way to keep track of your speed, other than with a radar detector alone, is vital because speed cameras are becoming increasingly common in parts of Rhode Island and these cameras are based on sensors, rather than radar, and you will not receive a warning based on sensors.
In addition to keeping your own speed in check with a radar detector, you can do the following:
Invest in a second method of tracking your speed by getting a radar detector equipped with a GPS device. Always make sure you are aware of your surroundings, so you aren’t caught flat-footed by an officer . That goes for keeping an eye on traffic patterns ahead of you and behind you. Make sure you review your city’s policies on speed limits, particularly for construction areas and highways. You can cut down on your chances of speeding by knowing where exactly speed limits are enforced. Get familiar with the shape of each road you tend to travel, including where the curves and hills are, to be more aware of factors that might cause you to speed. Unless you have reason to believe you’ll encounter speed restrictions, always drive with cruise control engaged, which will keep you within the limits at all times. Always allow yourself ample time to get to a destination, which could prevent you from needing to speed to make up for lost time.