Radar Detector Laws 101
To understand Georgia radar detector laws, it helps to at least has some general familiarity with the federal law and what other states do. In 1996, federal law prohibited the use of radar detectors in all commercial trucks, buses and more. Since then, they’ve been illegal in Washington DC and Virginia. Other states flat-out ban radar detectors. And there are mixed rules in Montana, where radar detectors are banned from use in commercial vehicles but legal in passenger cars (although in several Montana cities there are local bans), and Minnesota, where they’ve been banned since 1987 – but exempt from enforcement except in "egregious" violations. As for Georgia, there is no law prohibiting the sale of radar detectors. They are legal to use in private, non-commercial vehicles. While under federal law , commercial trucks and buses can’t have them, those vehicles with a gross vehicle weight rating under 10,000 pounds – which includes delivery vans, box trucks, motor homes, etc., are legal. The only exception would be if the vehicle is operated by an "interstate carrier" of goods or services subject to regulation by the Federal Motor Carrier. One important note: If you travel across state lines into an area where it’s illegal, be aware that police can ticket you for it when they pull you over in their state. It’s considered an interstate trip (albeit that’s assumed to be finished when you cross state lines) and they can issue a ticket for the illegal behavior, just like they could ticket you for speeding in New Jersey if you drove from Georgia up I-95.
Georgia and Traffic Enforcement: Radar Detectors
At this point the pertinent question is if radar detectors are legal in Georgia. The answer should be made clear that radar detectors (typically referred to as "speedradar detectors") are indeed legal in Georgia. However, they are not legal everywhere. Georgia happens to be one of the states that allow you to have and utilize a radar detector. Other states where the use of radar detectors is also legal include Alaska, North Carolina, Oklahoma, Nebraska, New Hampshire, Mississippi, Kansas, Iowa, California, Minnesota, Illinois, and Virginia. In various states radar detectors are not permitted at all to include Washington, D.C., New Jersey, Virginia, and New York.
Georgia permits the use of radar detectors by any vehicle, even for commercial use. The only requirement is that any commercial vehicle available for sale or lease in Georgia be manufactured for sale or lease with a radar detector present. Additionally, any commercial motor vehicle already available for sale or lease in Georgia must meet the same standard. Any vehicle, including commercial motor vehicles, that have been manufactured in accordance with Federal Motor Carrier Safety Regulations requires that it be manufactured with a radar detector.
Penalties Associated with Radar Detectors
As in many states, the penalties for the illegal use of radar detectors in Georgia are relatively mild. According to Georgia law, it is illegal to possess, sell, or operate a radar detector in any vehicle weighing over 10,000 pounds. However, the penalty for violating this law is a misdemeanor with relatively low penalties. These include a maximum fine of $1,000 and up to one year in jail. However, you may only be subject to either the fine or the jail time, not both.
Similar to the penalty for using a radar detector, improper usage of a laser countermeasure is a misdemeanor with a maximum fine of $1,000 and up to one year in jail. It should be noted however that you are only subject to a fine, not both the fine and imprisonment. Aside from the $1,000 fine, the only real negative implications you might face for either of these offenses occur when you cannot pay the fine and are left with no other option than to serve time.
Of course, you still have the option of fighting the charge against you, and if you have been charged with any offense related to radar detector usage you will have a chance to argue your case.
Exemptions and Exceptions to Radar Detector Testing
A few exceptions to the law exist. First, if you are operating a commercial motor vehicle, Georgia law allows the use of radar detectors. O.C.G.A. § 40-8-7(e). A commercial motor vehicle is defined as "a motor vehicle or motorized combination of vehicles operating on public highways to transport property if the motor vehicle or motorized combination of vehicles meets the federal definition of commercial motor vehicle in 49 C.F.R. Section 390.5." Any vehicle that is leased to or owned or operated by the Department of Transportation of Georgia and used for highway construction or maintenance is also exempt. O.C.G.A. § 40-8-7(f). Additionally, if you are driving a passenger bus that is on an interstate highway and it was manufactured before January 1, 1991, you can legally use a radar detector. O.C.G.A. § 40-8-7(g). The law also authorized the operation of intercity buses that were manufactured prior to July 1, 1982 with radar detector systems. O.C.G.A. § 40-8-7(h).
These exceptions are more for work vehicles than for those who simply want to get a glimpse into what Georgia law has to say about radar detectors even when it comes to exceptions.
How Radar Detectors Work
Radar detectors are designed to detect the radio waves that are emitted by police radar devices. When a radar system is used by police to detect the speed of a vehicle, the radar system emits a signal that is reflected off the vehicle to the radar system. The radar system can then calculate the speed of the vehicle by measuring the time between transmission and reception of the radio waves. The radar detector is built in such a way that it will be able to detect the radar emissions. Any significant positive change in frequency indicates a rate of speed. If the signal is Doppler shifted (to a higher frequency, for example) it is indicative that there is relative motion between the radar source and the target. The radar gun indicates the rate of speed which is the sum of the reflected transmission and the Doppler shift. In the radar detector , the radar emission is received and compared with the frequency that is expected to be returned. If the return is greater than the expected frequency, the radar detector alerts the driver of the presence of radar.
Most radar detectors have little remotes that can be attached to your dash, allowing you to access features such as muting alerts temporarily to avoid interruptions when passing another vehicle. This may be helpful when a car with a radar detector passes you. Speed cameras are usually set up to work only in one direction, so if you drive past a speed camera in the opposite lane, you are unlikely to be alerted by your radar detector.
Options Beyond Radar Detectors
There are quite a few alternatives that can help keep you out of Georgia speeding tickets:
One option is to utilize technology designed with the sole purpose of keeping you on top of local speed limits. There are several GPS applications that do just that, namely Driving Mode and Waze. Both provide reminders when to slow down and allow you the opportunity to adjust your speed.
Another alternative to consider is a simple set of eyes. These are widely considered to be an effective method for avoiding radar. Simply keep an eye out for:
While radar detectors may not be legal in Georgia, there are several alternatives out there to consider. Consider doing a bit of research and making your own informed decision about the best fit for you.
Future Developments in Traffic Law
As radar detector technology continues to evolve, we may see even more sophisticated traffic enforcement tools. Advanced sensors that track multiple vehicles in real-time and utilize artificial intelligence to calculate speed based on the Doppler effect could become the norm. Not only would these sensors have to be reliable, but they would also need to have a user-friendly interface for law enforcement officers to easily understand you going 56 mph down a portion of Interstate 95.
Automation is another area where traffic enforcement may be headed. We already see automated red light and speed cameras in many areas , with red light cameras becoming a little more common in Georgia. However, there are not biometric based cameras that can pick up faces and license plates and use our existing national integrated database to populate a ticket on a homeowners doorstep following an alleged traffic violation.
Finally, integration with other law enforcement databases could help streamline the ticket process for jurisdictions with several municipal and county agencies in one area. This could potentially make the administrative process for tickets more efficient, allowing for faster processing and potentially relieving some of the burdens on clerks of court.