[net.auto] why you cant use Fuzzbusters in Ontario

laura (07/06/82)

As I heard it, the  legality was as follows:

	You wouldnt have a Fuzzbuster unless you wanted to exceed the
	speed limit without paying the penalties.

	So if you have a Fuzzbuster, then you have the intention of
	speeding.

	So given that you are probably not caught having it the day you
	bought it before you were given an opportunity to illegally
	break the speed limit, you must have already speeded.

	So having a Fuzzbuster is illegal because its very posession
	implies that you deserve a speeding ticket (or hundred) and that
	you are continuing to speed and be a hazard to other motorists.

I know that one Ontario resident challenged the law and won when he
equipped all the cars of his employees with Fuzzbusters because the
factory where he worked produced characteristic radio signals which would
trigger the fuzzbuster he prurchased under several conditions, some of which
would require his employees to leave the shipping yard which was beside the
employee parking lot for their *own safety* -- he did this after an
accident occurred ... i cant remember the exact details... and he got
off because it was demonstrated that he *did* have a legal purpose to apply
Fuzzbusters.  The law may have tightened up since then, though...

I think that there are other *States* which dont allow Radar Detectors --
Virginia??

laura creighton
decvax!utzoo!laura

wagner (07/06/82)

Having an opportunity to break the law is not, in general, enough to 
convict.  The fact that you walked by a wallet left on a counter-top
when no one was looking doesnt mean you stole it.  Owning a car that can
exceed the speed limit doesnt mean you have done so.  Owning a fuzz-buster
does not mean you have broken the (speed) law.  So they made a special law
for radar detectors.  The law against owning radios that can here police bands
has been shown not to stand up (sorry, that should have been hear).  How is this
any different?  It is still illegal to make commercial use of (or repeat) info
you hear on police bands (never stopped the tow trucks, tho - always the first
to the sceen of an accident!).
Interestingly enough, it seems to be illegal to possess certain tools commonly
used in burglary (welding torches, chain cutters, etc) unless you can show that
you use these ordinarily.  Perhaps the same principle applies here?
Any lawyers out there?

Michael Wagner, UTCS