Radar Detector Legality in Wyoming
Wyoming is another state that has a complicated and split history regarding the legality of radar detectors. This state considers them legal for everyone except commercial truckers who weigh more than 10,000 pounds. This means that drivers of smaller commercial trucks or those driving personal vehicles are able to legally carry and use radar detectors in the state. The general law in this state prohibits the use of radar detectors in all commercial vehicles except those which are not required to be licensed under either the Interstate Commerce Act, federal regulations in regard to interstate trucking (49 C.F.R. § 390), or the Intrastate Motor Carrier Safety Act, state motor carrier safety regulations, or Wyoming’s Highway Safety Act (Wyo. Stat. Ann. §§ 31-5-229(a), 31-7-116).
On July 1, 2013, the entire Wyoming Statutes Title 31 was "amended, renumbered, repealed, and transferred." As a result, the old laws regarding the radar detectors became completely obsolete in that they ended up being transferred to the statutes under several other different chapters and sections. For instance , former section 3918 of title 31 became Wyo. Stat. Ann. § 31-18-1101; former Wyo. Stat. 31-18-207 ended up being transferred to Wyo. Stat. Ann. § 31-18-1102; former Wyo. Stat. 31-18-208 became Wyo. Stat. Ann. § 31-18-1103. The current law makes it illegal to display the signal from a device from which the speed of a motor vehicle is transmitted for public observation at any time on a highway, or to use a radar detector while operating a commercial motor vehicle. Furthermore, any motor vehicle used to enforce the rules of chapter 18, articles 2 through 5 of Wyoming’s Statutes, shall be exempt from the prohibition against radar detector devices. To outline exactly what constitutes a radar detector device in the state, Wyoming defines "radar detector device" means any device used to determine the presence of law enforcement personnel equipped with radar speed detection devices in time to enable the operator to alter the speed of the motor vehicle in order to avoid apprehension for violation of the speed limits established by chapter 18, articles 2 through 5 of Wyoming’s Statute (Wyo. Stat. Ann. § 31-18-1101).
Breaking Down Wyoming Traffic Law
Wyoming’s traffic laws form a complex web of statutes and regulations that govern the rules of the road. All roadways in the state are licensed and regulated by the Wyoming Department of Transportation (WDOT). The Federal Highway Administration (FHA) approves and funds the pavement surface material so that they meet designated standards for safety.
Wyoming law provides a comprehensive set of regulations for surface streets as well as county roads and state highways. WDOT is responsible for the maintenance, construction, and rehabilitation of all state roads and highways. However, when it comes to law enforcement, WDOT does not police the highways, but rather the Wyoming Highway Patrol does.
In 1984, the Wyoming legislature enacted Enrolled Act No. 106, making it lawful to sell and operate radar and laser speed detection equipment within the state. The act also exempted such equipment from sale and use restrictions under W.S. 21-229. W.S. § 21-229 refers to hundreds of laws that prohibit the use of radar and laser technology to measure the speed of motor vehicles on the roadway. At the same time, the law also set a maximum allowable fee for the inspection and recertification of radar and laser equipment.
Under W.S. § 31-5-302, no one may exceed the maximum speed limit on any highway in Wyoming. The maximum speed limit on all interstate highways is 75 miles per hour. This limit may be reduced by posted signs displaying a lower limit.
In addition, W.S. § 31-5-302 allows states and localities to reduce the maximum speed limit on highways if there are conditions that would make going faster dangerous, such as when there is heavy traffic, road work, or other safety hazards.
Any law enforcement agency in Wyoming may stop and cite anyone suspected of violating the rules of record or of the driver’s license and permit tests. Law enforcement also has the right to confiscate until one would have obtained a lawful permit, and may test for blood alcohol content of a driver if he or she has been involved in an accident. If one’s blood alcohol level is found to be above the limits set by statute, one may be cited and arrested.
Because the state of Wyoming does not have any laws that forbid the use of radar detectors, they are readily used by many Wyoming citizens and tourists alike. Traffic officers often use a radar detector first to verify speed and then corroborate speed with confirmation from radar equipment.
Risks of Illegal Radar Detector Use
Fines and Penalties:
The penalty for using radar detection devices is generally a civil violation and ranges from "not more than $100" for first time offenders up to $300 or $500 or a fine of $500 per violation, depending on the radar equipment used, for subsequent offenders. Note – this $500 fine can apply to each and every violation. The fine may double for repeat violators within a five year period. For example, any driver in Wyoming using a laser jamming device such as the dB SpeedTrap 3 would face a fine of $500 for the first offense and $1,000 for every subsequent offense as it uses laser jamming technology.
Making false statements to an officer who stops you for possession of a radar detector is a misdemeanor that carries a maximum penalty of 6 months in jail and/or a $750 fine.
More serious penalties can be imposed if you are convicted of illegally using a radar detector in Wyoming. The penalties for illegally using a radar detector are a $500 fine for the first offense and a $1,000 fine for each subsequent offense. Any person who knowingly uses a radar detection device may be fined as stated above and a fine may be imposed for each violation. A person may have several penalties added for each violation they are convicted of. For example, if a driver possessing a radar detection device violates the statute by using the radar detection device a penalty of $500 will apply. If the driver is also convicted of operating a motor vehicle that is not equipped with a license plate, an additional penalty of $100 will apply, for a total penalty of $600. The driver may also be penalized for failing to wear a seatbelt, or charging a nonresident for registration of a vehicle, in addition to the penalty for illegally using a radar detection device.
Exceptions to the Rules
Exceptions and special cases within radar detector law in Wyoming are fairly non-existent. There are two vehicle types which are exempted from the radar detector prohibition in Wyoming. The first is a motor carrier vehicle which is equipped with a commercial mobile radio service installed pursuant to 47 CFR Part 90. This exemption applies specifically to vehicles which rely on the mobile radio service as their communication device in lieu of a vehicle radio. In practice, there are so few motor carrier vehicles in Wyoming which are outfitted in this manner, that the exemption is essentially useless when it comes to detecting law enforcement.
While mobile radio services are used regularly within law enforcement, such vehicles are not exempt from the requirement, so this would not be enough for the average motorist wishing to know where the law enforcement officers are.
The second category of vehicle exempt from the radar detector prohibition in Wyoming is a vehicle owned by law enforcement officers, or owned by government service providers. However, such vehicles are only exempt when they are solely utilized in their official capacity, meaning that all personal use of those vehicles is prohibited. This, like the other exemption, is rarely relevant to the average resident or visitor to Wyoming.
Because no types of vehicles are permitted to use radar detectors on the public roadways, and with the exemptions being extremely rare, law enforcement radar is utilized across the state. For the motorist, this means that it will be impossible to avoid being monitored without the possibility of incurring significant criminal penalties.
A Look at Other States’ Radar Laws
Wyoming’s radar detector laws are relatively similar to many neighboring states. Both Colorado and South Dakota have similar laws, but Montana and Utah prohibit radar detectors in commercial vehicles.
Both Montana and Utah permit private vehicles to use radar detectors and deference need be given to the fact that both states are in the western United States.
Colorado
Colorado prohibits the use of radar detectors in commercial motor vehicles. C.R.S § 42-4-1502 (l). The state division of motor vehicles may not register a commercial or government owned motor vehicle unless the owner has presented a certificate from an attorney which states the vehicle does not have an operational radar detector. Id. § 42-4-1502(2). A violation of this law is a class B petty offense . Id. § 42-4-1502(4).
South Dakota
In South Dakota, radar detectors are illegal in commercial busses, school busses, taxis and other commercial motor vehicles. S.D.A.C § 32-38-19. Violation of this law is a petty offense. Id. § 32-38-19(b).
Montana
The state prohibits the use of radar detectors on commercial vehicles between two areas. § 61-9-414(2) However, private vehicles may use radar detectors without restriction. § 61-9-414(1), (3).
Utah
Similar to Montana, Utah does not permit the use of radar detectors in commercial vehicles, but private vehicles are permitted to use radar detectors without restriction. Utah Code Ann. § 41-6a-1705(6)(a), (c).
The states of Idaho, Nebraska and Texas permit radar detectors for private vehicles without limitation.
Advice for Wyoming Drivers
If you’ve ever driven on the highways of Wyoming, you’ve probably encountered someone blasting by you, then slowing down as he passes a highway patrol officer, and then proceeding to speed up again. Yes, I am talking about the infamous radar detector; or, as it’s lovingly known in some circles, "the V1". It is estimated that as many as 15% of drivers on Interstates in some areas use radar detectors. That’s a significant chunk of the population, and it’s a testament to just how bad speeding tickets can be for your insurance, your wallet, and your driving record.
But does that mean that you should rush out and buy a multi-hundred dollar radar detector to save yourself 5 minutes on a long drive? No. Not really. To begin with, the vast majority of people do not have a target radar detector that is capable of detecting the range of instant-on radar used by police officers, nor do they have a trunk full of spare batteries to power the radar detector in the first place. Battery life on many high-end radar detectors can be measured in days rather than hours, and if you’re making a lengthy trip, you probably don’t want to find yourself in the Sublette County Desert trying to find a 5-volt rechargeable USB plug.
Second, if you’re driving the section of U.S. Highway 287 north of Rawlins that West includes in its survey of Wyoming speed limits, you should be well aware of the absolute lack of cell service in that vicinity. Your $500 machine will be little consolation when you find yourself stranded without map directions, or in need of emergency services. Better equipped may be the driver in the old clunker with the spare tire, air compressor, wrench set, and AAA card. At least they might make it to the nearest town.
Third, don’t speed. Wyoming is a big state with long highways, some of which are sparsely populated. But that does not mean that every road is a freeway. Wyoming is home to U.S. Highway 20/26 over the Wind River Range, which is essentially a one-lane, two-way road. It’s prone to flash floods, mudslides, avalanche, and even more significantly, ice. This road can be especially treacherous in the winter, and many of the most dangerous areas can be a dozen miles from the nearest cell tower. It was shut down for a week in March 2017 due to an avalanche of snow onto the road that took a dozen vehicles with it. That was fifteen miles from where the road meets U.S. 26 coming from the East.
Fourth, Wyoming is home to some of the safest drivers in the country. This might sound like an opinion, but it’s actually the conclusion of the federal government in its most recent report on traffic fatalities by state. In 2014, Wyoming was the state with the lowest rate of traffic fatalities per 100 million vehicle miles. That makes Wyoming a fantastic place to live and a fantastic place to drive. So why take the risk of driving faster than you know is safe? It’s more dangerous than fun. In short, just because you can drive a hundred miles an hour doesn’t mean you should act as though that is defensible, much less legally protected.
Technology Trends in Speed Detection
Technology continues to advance at a rapid pace, and speed detection is not insulated from those advances. The radar guns used by law enforcement officers throughout Wyoming are constantly evolving. Early models were based on the K-band, which was then followed by the Ka-band. Both of these bands operated on frequencies emitted by the speed detectors and reflected back when the vehicle being measured emitted a Doppler effect registered on the radar detector. Over time, law enforcement officers who relied on radar guns noted that radar detector users were able to easily pick up the radar wave emitted by their radar guns. This became especially noticeable in areas where long stretches of open road existed. Practically on sighting a police cruiser on the side of the road, a person with a radar detector would slow down to below the registered speed limit, and the officer would often miss being able to clock their speed somewhere in the radar range of 5 to 15 mph above the posted limit. Further developments in radar gun technology now involve LIDAR — Light Detection and Ranging. LIDAR uses a permanent light source and a narrow spotlight beam to measure the distance to an object through target reflection. The source is often a laser or laser diode. The system then calculates the speed of the object using the Doppler effect. The beam of light is very narrow, making this system more difficult to detect, and the vehicle can be better targeted than with radar gun technology. In addition, LIDAR units confer advantages on the officer in the field. Officers no longer have to lock onto the vehicle they suspect of speeding in a long line of traffic . They can pick one car out of many. Furthermore, radar guns often will pick up speeding vehicles that are ahead of the officer. The vehicles picked up by LIDAR, however, are almost all behind the officer. This also helps to remove disagreement from tickets issued in busy traffic areas. A speeding vehicle in front of the radar gun can be marked as clocking speeds in excess of the limit. With LIDAR, an officer is much more likely to issue a ticket for a vehicle that is clocked in the rearview mirror. The accident avoidance advantage of LIDAR is also notable in this regard. With LIDAR, an officer is much better able to register speeds on a speeding vehicle that is close enough to be stopped rather than a driver in the rearview mirror. Some radar detectors try to compensate for the narrow beam of LIDAR technology by isolating the one nanometer frequency wave (similar to the range of the average Doppler effect) and adjusting the radar detector. Unfortunately, these detectors fail to take into account that the vehicle being targeted must be in a certain proximity to the officer with the LIDAR unit. Only signals in that range are electronically picked up and registered by most defectors. Those exceeding the range are neglected. Thus, radar detectors may prove ineffective against LIDAR technology. In addition, even though LIDAR units are more costly than standard radar units, LIDAR tools are becoming more popular among law enforcement and are being deployed in more states. With radar technology maturing, it is difficult to determine how much longer radar detectors will be able to keep up with speed detection technology.