(Please forward to the FHP Director, if you would. Thanks.)

To Whom Concerned:

I run the web site called Mobile Scanner & RADAR-Detector Laws In The United States (http://www.afn.org/~afn09444/scanlaws).

I'm getting reports from my users (two so far in the past six months, but I suspect there are more who have NOT complained to me) who advise that Brooksville patrolmen are apparently ticketing drivers for the use of radar detectors by ticketing them for a violation of the WINDSHIELD law. (316.2952(2))

You should be aware that the Florida Senate not long ago voted DOWN Senator Oelrich's proposal to make RD's illegal. In voting it down, the Senate set a "precedence" that RD usage in Florida is in fact LEGAL. This would also seem to set "state approval" of the use of said devices, as the windshield law's wording goes. Nowhere in the windshield law does it mention RDs being outlawed.

In addition, you've got the "Television receivers" law, which makes use of GPS devices used for navigation LEGAL. GPS units are MUCH larger than RDs, and provide for MUCH more "obstruction" of the windshield than the RDs do. Yet they are perfectly fine to use, for some reason. There appears to be a conflict in the laws here. (See 316.303)

The overriding fact is though, that the FLORIDA SENATE set the precedence that the use of RDs is indeed legal. By ticketing and fining Florida drivers for their use, then...you are setting yourself up for a Press nightmare and a possible lawsuit. It doesn't seem fair for the Senate to tell people something is okay and for Troopers to ticket people for something that the Senate told them was okay. See my point? Might want to send out a memo to all divisions to hold off on the windshield law and radar detectors, for now.

Just thought you'd like to know.

Were you even aware that this was even happening?

This is occuring within Troop C, it seems, right now.

Thanks,

Todd Sherman, Webmaster
Mobile Scanner & RADAR-Detector Laws In The U.S.
http://www.afn.org/~afn09444/scanlaws

sitemap