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8. Are Radar
detectors legal in Australia?
Each state has different laws governing the use of radar detectors.
Here are the links to the road traffic act for each state in
alphabetical order: ;
AUSTRALIA CAPITAL TERRITORY
The Bill amends Part X1 of the Principal Act to prohibit the sale,
purchase and
use of radar detectors and jammers - devices which may be used by
motorists
to prevent the effective use of radar speed measuring equipment by
the
police.
New subsection 154G (1) prohibits the use, sale, or purchase of a
radar
detecting device or radar jamming device.
New subsection 164G (2) makes it an offence for a person to drive a
motor vehicle, or cause a motor vehicle to stand on a public street
if
the vehicle is fitted with or is carrying a radar detecting device
or radar
jamming device. This provision is necessary to ensure that a
motorist
is not able to avoid prosecution by claiming that whilst a radar
detector
or jammer is fitted or carried in his or her vehicle, the device is
not, or
has not been, in use.
New subsection 164G (3) makes the owner of a motor vehicle which is
driven or stands on a public street or in a public place in
contravention
of subsection (2) guilty of an offence.
A penalty of $2000 is provided in respect of an offence against new
section
164G.
Use of radar speed measuring devices
(1) A radar speed measuring device must
be used by an operator in accordance with the manufacturer's
instructions for the device.
(2) The operator must test the device—
(b) at the end of each
shift of the operator against the speedometer mentioned in paragraph
(a); and
(c) if the operator's shift
is longer than 9 hours—9 hours after the beginning of the shift
against the speedometer mentioned in paragraph (a).
(3) After each test, the device must be
found to be accurate within a speedometer of 2 km/h.
(4) To remove any doubt, if the device
is used at more than 1 place during a shift of the operator, the
operator is not required to carry out the checks mentioned in
subsection (2) (a) each time the device is activated at a different
place.
(5) If the device is used by 2 or more
operator who are working together during the shift, the tests
mentioned in subsection (2) may be carried out by different
operator.
(6) In this section:
"operator" means a person approved to
use a traffic offence detection device under section 107 (Approved
people—use).
NEW SOUTH WALES
4AD Sale, purchase and use of prohibited
speed measuring evasion articles:
(1) A person must not sell or offer for
sale, or purchase, a prohibited speed measuring evasion article.
Maximum penalty: 20 penalty units.
(2) A person must not drive a motor
vehicle, or cause a motor vehicle or trailer to stand, on a road or
road related area if a prohibited speed measuring evasion article is
fitted or applied to, or carried in, the vehicle.
Maximum penalty: 20 penalty units.
(3) The owner of a motor vehicle or
trailer which is driven or stands on a road or road related area in
contravention of subsection (2) is guilty of an offence.
Maximum penalty: 20 penalty units.
(4) It is a defence to a prosecution for
an offence under this section if the defendant satisfies the court
that the article concerned was not designed as a prohibited speed
measuring evasion article but was designed for another purpose.
(a) the vehicle was in the course of a
journey to a place appointed by a member of the police force, an
officer of the Authority or a court, in order to surrender the
article, orr
(b) the vehicle was the subject of a
notice, issued in accordance with the regulations, requiring the
owner of the vehicle to remove the article from the vehicle within a
specified time and that time had not expired, or
(c) the defendant did not know, and in
the circumstances could not reasonably be expected to have known,
that the article concerned was fitted or applied to, or was being
carried in, the vehicle.
Traffic Act 1909 - Sect 4AE
4AE Surrender and forfeiture of
prohibited speed measuring evasion articles
(1) A police officer who reasonably
believes that:
(a) a prohibited speed measuring evasion
article is being sold or offered for sale in contravention of
section
4AD (1), or
(b) a motor vehicle or trailer is
standing or being driven in contravention of section 4AD (2) because
of an article fitted or applied to, or carried in, the vehicle, may
require a person in possession of the article to surrender it
immediately to the police officer or, in the case of an article
fitted or applied to a motor vehicle or trailer and not immediately
removable, may by notice in writing served on the owner of the
vehicle require the owner to surrender the article within a
specified time and in a specified manner to the Commissioner of
Police.
(2) An officer of the Authority who is
authorised in writing by the Authority for the purposes of this
section and who finds a prohibited speed measuring evasion article
fitted or applied to, or carried in, a motor vehicle or trailer may,
by notice in writing served on the owner of the vehicle, require the
owner to do either or both of the following:
(a) remove the article (if it is fitted
to the vehicle),
(b) surrender the article within a
specified time and in a specified manner to the Commissioner of
Police.
(3) A person must comply with a
requirement under subsection (1) or (2), whether or not he or she is
the owner of the article concerned.
Maximum penalty: 20 penalty units.
(4) A court which finds an offence under
section 4AD or under subsection (3) to have been proven against any
person may order that the article concerned, if not already
surrendered pursuant to a requirement under this section, be
delivered to the Commissioner of Police within a time and in a
manner specified by the court.
(5) An article surrendered as required
under this section is thereby forfeited to the Crown and may be
destroyed or otherwise disposed of at the direction of the
Commissioner of Police.
(6) No liability attaches to any person
on account of the surrender by the person, in pursuance of a
requirement under this section, of a prohibited speed measuring
evasion article of which that person is not the absolute owner
Traffic Act, 1909 - Sect 2
Definitions: Prohibited speed measuring
evasion article means any device or substance that is designed, or
apparently designed, to be fitted or applied to, or to be carried
in, a motor vehicle or trailer for the purpose of detecting,
interfering with, or reducing the effectiveness of, an approved
speed measuring device, and includes a radar detecting device and a
radar jamming device. Radar detecting device means a device designed
or apparently designed to be fitted to or carried in a motor vehicle
or trailer for the purpose of detecting electromagnetic radiations
from an approved speed measuring device. Radar jamming device means
a device designed or apparently designed to be fitted to or carried
in a motor vehicle or trailer for the purpose of interfering with
the receiving by an approved speed measuring device of reflected
electromagnetic radiations.
NORTHERN TERRITORY
27. Interfering with traffic
infringement detection device
(1) A person must not unlawfully tamper
with, interfere with or cause damage to a traffic infringement
detection device.
(2) A person must not unlawfully
interfere with the operation of a traffic infringement detection
device.
(3) A person must not drive a vehicle
that has in it or on it a device for preventing the effective
operation of a traffic infringement detection device.
(4) A person must not drive a vehicle
that has in it or on it a device for detecting whether a traffic
infringement detection device is in operation in the vicinity of the
vehicle.
(5) A person commits an offence against
sub-regulation (3) or (4) whether or not the device in or on the
vehicle is in use.
(6) If a member of the Police Force
believes on reasonable grounds that a person has, or a vehicle is
fitted with, a device that is intended to be used in contravention
of this regulation, the member may seize the device for the purposes
of tendering it in evidence in a prosecution of the person.
(7) If a person is found guilty of an
offence against this regulation, the court may order a device seized
under sub-regulation (6), or a device used in the commission of the
offence, to be forfeited to the Territory.
QUEENSLAND
225. (1) A person must not drive a
vehicle if the vehicle has in or on it-
(a) a device for preventing the
effective use of a speed measuring device; or
(b) a device for detecting the use of a speed
measuring device.
Maximum penalty-40 penalty units.
225. (2) Subsection (1) applies to a
device whether or not the device is operating or in working order.
SOUTH AUSTRALIA
(1) A person must not sell a
radar detector or jammer,
or store or offer a
radar detector or jammer
for sale.
(2) A member of the police force may
seize, retain and test any device that he or she has reasonable
cause to suspect is a
radar detector or
jammer.
(3) A
device seized under this section is forfeited to the Crown if a
person is found guilty of or expiates an offence against this Act in
relation to the device.
(4) A device forfeited pursuant to this section must
be disposed of in such manner as the Commissioner of Police directs.
(5) In proceedings for an offence
against this Act, an allegation in the complaint that a specified
device is a
radar detector or jammer
is proof of the matter so alleged, in the absence of proof to the
contrary.
(6) In this section—
"radar detector or jammer" includes any
device for detecting the use, or preventing the effective use, of a
speed measuring device (whether or not the speed measuring device
employs radar in its operation).
TASMANIA,
Division 3 - Horns and radar detectors
Using radar detectors and similar
devices 225.
(1) A person must not drive a vehicle if
the vehicle has in or on it a device for preventing the effective
use of a speed measuring device, or a device for detecting the use
of a speed measuring device, unless the person is exempt from this
rule under another law of this jurisdiction.
Penalty: Fine not exceeding 10 penalty
units. Note: Drive includes be in control of (see the definition in
the dictionary. (2) Sub-rule (1) applies whether or not the device
is operating or in working order.
Note: Under the law of this
jurisdiction, radar detectors and similar devices may be subject to
confiscation; see rule 354
PART 22 - LOCAL ROAD RULES
Note 1
The rules in this Part are not part of
the national scheme. They apply only in Tasmania.
Division 1 - Powers of police officers
and authorised persons seizure of detection devices
354. (1) A police officer or authorised
person who has reasonable grounds for believing that a motor vehicle
is equipped with a detection device may; (a) enter and search the
motor vehicle; and (b) doing as little damage as possible in the
circumstances, seize any device that appears to the police officer
or authorised person to be a detection device; and (c) cause any
device so seized to be tested; and (d) cause any device so seized to
be produced in court as evidence in any proceedings under rule 225.
Note 1: Authorised person and police
officer are defined in the dictionary.
Note 2: Rule 225 makes it an offence to
drive a vehicle having a detection device.
(2) If a person is convicted of an
offence under rule 225 the detection device to which the offence
relates is forfeited to the Crown.
(3) In this rule "detection device"
means; (a) a device for preventing the effective use of a speed
measuring device; or (b) a device for detecting the use of a speed
measuring device.
Start of valid time period for this
component: 01 Dec 1999. End of valid time period for this component:
29 Nov 2009
VICTORIA,
(Road Safety Act 1986) section74
(1) A
person must not own, sell, use or possess a device the sole or
principal purpose of which is to prevent the effective use of a
prescribed speed measuring device or to detect when a prescribed
speed measuring device is being used.
Penalty: 20 penalty units.
(2) A
person must, if required to do so by a member of the police force or
an officer of the Corporation or an employee in the Department of
Infrastructure (being an officer or employee authorised in writing
by the Corporation or the Secretary of the Department of
Infrastructure, as the case requires, in that behalf), surrender to
that member or officer or employee any device referred to in
sub-section (1).
Penalty: 5 penalty units.
(3) A
court that convicts a person of an offence against sub-section (1)
or before which a person is charged with an offence against
sub-section (1) of which the person is found guilty or to which the
person pleads guilty and in respect of which a conviction is not
recorded may order that the device by means of which the offence was
committed be forfeited to the Government of Victoria.
(4) All
devices forfeited under sub-section (3) must be destroyed or
otherwise is posed of as the Chief Commissioner of Police directs.
WESTERN AUSTRALIA
Currently there are no laws governing
the possession, sale or use of radar detectors or laser detectors.
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9. Can my radar
detector be detected by police?
YES! Police have electronic units known
as radar detector detectors, or RDD’s. These units, manufactured by
an Australian company Stealth Micro Systems are designed to detect
the local oscillator (lo) leaked frequencies of a radar detector.
Read more about RDD’s at Speed Zones. The only unit on the
market that is invisible to
ALL radar detector detectors (well OK, the only unit that’s
manufactured by a reputable company and not one that has “modded”
from an old Whistler or a new Valentine 1) is the
Bel Sti driver.
RDD’s are used by police on the East
Coast of Australia, to “sniff out” people using a radar detector. If
you want to wish to avoid detection, you could switch off your
detector before encountering a police vehicle containing a RDD or by
a fully stealth
Bel Sti.
Western Australian police don’t use RDD’s as detectors are not
illegal to possess or operate. Just be sure to switch the unit
off when you cross the border!
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10. What are
“ticket rebate programs” offered by other companies?
Rocky Mountain Radar (RMR) offers a "ticket rebate program" to
purchasers of its products. It is a nice catch phrase that makes the
potential buyer conclude that the product performance must be pretty
good to offer such a claim. Is this ticket rebate program just a
come-on to convince a novice buyer that the product must be the best
thing since sliced bread, or does this claim truly represent the
performance of the products, or is it a calculated risk
offered by the companies to get customers to buy products?
Here are Ticket Rebate Terms from Rocky Mountain Radar and some, if
not all, of its distributors for RMR passive radar jammers:
The following restrictions apply to the ticket rebate program.
-
In order to be eligible for the
ticket rebate program, the ticket rebate option must be
purchased.
-
The registered owner of the jammer
must be the driver.
-
The registered owner must not be
going over 15 MPH or 30% over the posted speed limit, whichever
is less.
-
The ticket must clearly state
"radar" or "laser" and "speeding".
-
The ticket is within one year of the
date of purchase and the registered owner has mailed in the
registration form.
-
-
The ticket is given in the United
States.
-
The registered owner must be from
earth!
Either the product works or it
doesn't. Their rebate program makes you jump through a lot of
small hoops!! Why is that necessary?
Most potential customers of Passive Scramblers do not ask what must
be provided to get a claim paid after you receive a ticket. Take a
look at the details of this so-called ticket rebate program. Notice
the fine print about not honoring the ticket rebate if you were
caught driving above a certain speed over the posted limit, or above
a certain percentage above the posted limit, or if the ticket does
not specifically state "radar" or "laser".
Suffice it to say, if this manufacturer can't prove that his
products work, and you use them, you WILL get at least one
radar/laser ticket if you travel too fast too often. If you do get a
rebate of $100, you may have paid $300 for the product, so the
manufacturer would still have a good portion of your funds. Are you
wondering "then why do they offer this $100 ticket rebate if what
they sell does not work?" Well think about it. You sell an item
costing perhaps $20.00 for $300.00. If you send the customer
back $100, you are still ahead of the game $180.00.