Radar detectors...are they legal in UK ?
17 April 2002, 09:19 AM
#3
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I wish someone would tell the Police that then 
the other day my policeman brother in law commented (in a friendly kind of way 
) on our radar detector and told us he thought it was illegal and that he thought one of his colleagues had pulled someone for using one a few weeks ago 
We put him straight!
He isn't Traffic by the way and he did say he wasn't sure!
Sal
the other day my policeman brother in law commented (in a friendly kind of way ) on our radar detector and told us he thought it was illegal and that he thought one of his colleagues had pulled someone for using one a few weeks ago We put him straight!
He isn't Traffic by the way and he did say he wasn't sure! Sal
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18 April 2002, 08:40 AM
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Right, lets try and clear this up.
The original decision regarding the legality of radar detectors in the UK was made by the Queens Bench Divisional Court following a full judicial review (basically as high as it can go, other than the House of Lords and the European Court). It found that under the terms of Wireless Telegraphy Act 1949, radar detectors have in fact never been illegal because they have never contrevened the act.
The position is slightly less clear in Scotland, because a similar case hasn't been tested in a Scottish court. Because the Wireless Telegraphy Act applies to the whole of the UK, it is more than likely that any case bought before a Scottish court would have a similar outcome. To say that they are illegal in Scotland is not correct as it has never been proven either way.
As regards Europe:
Germany: Legal to own and use a detector
France & Switzerland: Illegal to own or use.
Most other countries (i.e Spain, Italy, Rep of Ireland, Holland etc): Legal to own but not to use
I would be careful about taking your detector in Europe. Even though they are technically legal to own in Spain, the chances are that if they found one in your car, it would suffer the same fate as they would in France - i.e. smashed up + a heavy fine.
Chris
[Edited by Chris L - 4/18/2002 8:40:21 AM]
The original decision regarding the legality of radar detectors in the UK was made by the Queens Bench Divisional Court following a full judicial review (basically as high as it can go, other than the House of Lords and the European Court). It found that under the terms of Wireless Telegraphy Act 1949, radar detectors have in fact never been illegal because they have never contrevened the act.
The position is slightly less clear in Scotland, because a similar case hasn't been tested in a Scottish court. Because the Wireless Telegraphy Act applies to the whole of the UK, it is more than likely that any case bought before a Scottish court would have a similar outcome. To say that they are illegal in Scotland is not correct as it has never been proven either way.
As regards Europe:
Germany: Legal to own and use a detector
France & Switzerland: Illegal to own or use.
Most other countries (i.e Spain, Italy, Rep of Ireland, Holland etc): Legal to own but not to use
I would be careful about taking your detector in Europe. Even though they are technically legal to own in Spain, the chances are that if they found one in your car, it would suffer the same fate as they would in France - i.e. smashed up + a heavy fine.
Chris
[Edited by Chris L - 4/18/2002 8:40:21 AM]
18 April 2002, 08:44 AM
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RichS thought you wouldn't need one with your driving 
I had an argument with a policeman over my radar detector and eventually managed to inform him that it was fine for me to have.
Radar jammers, however, are NOT legal...........
I had an argument with a policeman over my radar detector and eventually managed to inform him that it was fine for me to have.
Radar jammers, however, are NOT legal...........
18 April 2002, 06:48 PM
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Chris,
Now there is an interesting dilemma!! I own a radar detector, but would never use one in France - however, would i get nicked for remote ownership (assuming they could prove it)??
mb
France & Switzerland: Illegal to own or use.
mb
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