Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Until January 1998, it was legal to sell radar or laser detectors in the UK but illegal to use them in cars (because to do so might breach the Wireless Telegraphy Act 1949). CAP encouraged marketers who advertised speed detectors to include a disclaimer to inform readers that using the devices might be illegal. But, after a legal challenge, the English High Court ruled that the Act did not outlaw devices that detected only the presence of a signal and CAP considered that a disclaimer was not, therefore, necessary.
We understand that the proposed Road Safety Bill is set to change that position. The Bill contains powers for the Secretary of State to make an order prescribing what would be illegal to carry and use in a vehicle. That includes outlawing radar or laser detection devices and jammers. Although sprays or materials that obstruct the view of a number plate are not directly prohibited under the bill it is illegal to obscure licence plates. GPS equipment will remain unaffected by the Bill. If all but GPS equipment is effectively prohibited by law, marketers should not advertise radar and laser detectors or jammers even if they include a disclaimer. Marketers of those devices that may be legally sold and used should ensure that they do not fall foul of rule 1.10 of the CAP Code by encouraging illegal or irresponsible driving (Networx Automotive, 8 September 2004, and Performance Products Ltd, 12 January 2005).
Last modified : 29 July 2010