from a letter to a British MEP:
A British motorist driving in France was stopped on the A10 south of Poitiers, and told that he would be fined for possession of a radar detector, even though it was not switched on. If it had been, the fine would have been twice as great.
It is not clear how the policeman became aware of the radar detector, as there was apparently no other reason for stopping the car. In the absence of any other information I assume that it had been left in place on the windscreen, visible.
The driver was escorted to a bank to draw cash to pay the fine, for which an official receipt was given.
The purpose of this note is to advise travellers of this potential problem and seek to clarify the law.
Radar detectors are legal in England and Wales, but not in Scotland and some other countries, including France, it seems.
A problem arises for anyone using a detector legally in England or Wales who crosses into any other ountry where they are illegal. If mere possession is an offence in some countries and subject to such swingeing fines and confiscation, what is the driver to do on a journey which involves travelling through several countries in succession in which the law differs?
If only use is prohibited then it would seem reasonable to pack the unit in the boot, or even in the spare wheel compartment, to show that it cannot be in use. But given stories we have all heard of traffic police conduct, is that safe enough?
If 'possession' in some countries includes even having one packed away and inaccessible, where it might be found during a search for other reasons. the potential fine is a major problem.
The driver involved has now been advised that under EU law a car which is 'road legal' in its home country is 'road legal' in all other EU countries. It does not seem to me however that this would apply to extras such as radar detectors which can easily be removed or fitted.
Can anyone advise:
1/ Is mere possession rather than use an offence in Scotland and Northern Ireland?
2/ Does French law permit such swingeing fines and confiscation, just for 'possession'?
3/ In France and elsewhere does 'possession' mean having one inside the car where it could fairly easily be switche on, or does it include even units packed away in the boot or elsewhere and relatively inaccessible?
Idris
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Idris,
How goes your battle?
I can't recall who said it but I seem to remember a post here mentioned a case in France where a motorist was told to drive over his own radar detector by a policeman who had stopped to help with a flat tyre or breakdown.
Try a site search.
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They got of very lightly ,they could have had the car empounded
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The web site for the Morpheous Geodesy GPS camera locator states that even the GPS kit (ie NOT a radar detector) has been destroyed by "zealous flics", together with a heavy fine.
It seems to me French law permits anything the flic feels able to throw at you. And haven't they still got a "guilty until proved innocent" rule?
Luckily, I haven't encountered any serious radar problems in France (ie no fixed cameras) so it's probably easiest all round to leave the kit at home if you're crossing La Manche.
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They've never forgiven us for 1940!
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Tomo,
You must approve of the simple logic though. No politics......no posturing by officials, courts and paperwork.
No just a case of.......
Your radar detector is illegal, and I don't like it....so I jump up and down on it.
Clean and precise justice, you know where you stand.
David
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".......what is the driver to do on a journey which involves travelling through several countries in succession in which the law differs?"
Leave the radar detector at home and stick to the speed limit perhaps - or is that too simple!! If you are a visitor to a country, you abide by their laws. If you don't like their laws, don't visit.
Chris M
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nice idea
shame the many belgian and french drivers getting off at dover KNOW they can speed with imunity because uk plod NEVER bother doing people on a foreign licence unless its mega serious (just about never)
sadly once again its the british public who are mugs allowing outrageous drivign by foreign drivers to go unchecked here while at the same time being hammered when abroad for minor stuff
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David W........
As you said, frog plod says
"Your radar detector is illegal, and I don't like it....so I jump up and down on it."
So, what if he doesn't like your face?
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A makeover voucher on the EU "attractive tourists" subsidy scheme perhaps?
David
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David,
Perhaps I ought to put in for two vouchers thinking of *that* photo.
No problem phoning home though.
Stuart
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