Guidance Note: Radar Detectors and the R&TTE Directive

Provided by the R&TTE Compliance Association

A new guidance note clarifies the applicability of the R&TTE Directive to radar detectors and offers some advice for notified bodies.

The scope of the Radio & Telecommunication Terminal Equipment (R&TTE) Directive (Article 2.c) provides the following definition of radio equipment: "Radio equipment means a product, or relevant component thereof, capable of communication by means of the emission and/or reception of radio waves utilizing the spectrum allocated to terrestrial/space radiocommunications." Radar devices use reflections of the radio waves they transmit to determine the position of objects in their environment. The directive, however, does not specifically address radar, leading to some confusion in industry. It was unclear whether radar devices fell within the scope of the directive, particularly in the case of radar detectors used in motor vehicles. A guidance note was drafted to help clarify the requirements.

R&TTE CA

The R&TTE Compliance Association provides a forum for those concerned with the compliance of radio equipment and telecommunications terminal equipment with technical standards. The association deals with technical compliance issues on a broad front, including mutual recognition agreements between the European Union (EU) and other countries. The association has specific responsibilities with respect to the notified bodies that are appointed under the R&TTE Directive (1999/5/EC). To assist the notified bodies, the association publishes technical guidance notes to help clarify vague or confusing requirements in the directive.

This article is based on the association's Guidance Note 08 (TGN 08 Rev 1). The note focuses on radio receivers commonly known as radar detectors. The function of these radios is to detect the presence of the radar devices that are used to enforce speed limits on motor vehicles.

Defining Radar Detector

The guidance note was drafted to respond to confusion over whether such devices fall within the scope of the R&TTE Directive and, if so, which equipment class is applicable to them.

It has already been established that radar equipment itself is within the scope of the directive. According to an analysis prepared by the European Commission, the directive does, in fact, cover radar. In its analysis, however, the commission notes that the directive's applicability was based somewhat on whether radar is capable of communication by means of the emission or reception of radio waves using the spectrum allocated to terrestrial and space radio communications. The analysis further states that this determination depends on the meaning ascribed to the words capable of communication in the definition of radio equipment in Article 2(c) of the directive.

According to the commission's analysis, if communication means "transmitting or receiving a signal to another person or machine," then radar is not covered because radar transmits signals to itself. The analysis notes that if a broader interpretation is taken, however, communication is then considered as merely the act of transmitting or receiving signals. Using this broader definition, radar would then be covered. The broad interpretation was determined to be more appropriate when considering that Recital 7 of the directive refers to the document's broad scope. The consideration of additional recitals and exclusions led the commission to conclude that radar detectors should be included in the directive's scope. For further detail, see http://www.europa.eu.int/comm/enterprise/
rtte/tcam5.htm#tcam5_9.

The meaning of communication arrived at in the commission's analysis makes it clear that a receiver of radar signals–even when not collocated with the radar transmitter–is radio equipment within the definition used by the R&TTE Directive.

The commission has published an indicative and non-exhaustive list of equipment that falls within each class as established through "Commission Decision of 6 April 2000" (see http://www.
europa.eu.it/comm/enterprise/rtte/equip/html). At Item 7, the list includes receive-only radio equipment. As receive-only radio equipment, radar detectors are, therefore, covered by the R&TTE Directive and thus fall into equipment Class 1. Equipment in Class 1 requires no special marking in addition to the CE marking. Equipment in Class 2, however, must also carry the "Alert Mark" (see Figure 1) with the CE marking to show that use may be restricted for "spectrum protection reasons."

Figure 1. Equipment in Class 2 must carry the Alert Mark.

It is important to note, however, that although such devices are permitted under the R&TTE Directive, they may be prohibited in some member states for public order reasons. By applying regulations other than the R&TTE Directive, some member states ban the sale, possession, and putting into service of such equipment. With this exception in mind, it may be possible to view such devices as formally excluded from the directive.

Even when such exclusions do not apply, the Automotive EMC Directive (95/54/EC) may apply for radar detectors intended to be fitted to vehicles. The R&TTE Directive would also still apply.

Guidance

Notified bodies should advise clients that radar detectors are restricted based on national public order regulations in some member states. Such restrictions may prevent the possession, placing on the market, or the use of such devices. Table I (provided by the R&TTE Administrative Cooperation Group) gives a general indication of the positions and restrictions applied by member states.

Table I. Summary of European Community national positions regarding radar speed detectors.

When no restriction applies, radar detectors are within the scope of the R&TTE Directive and fall within equipment Class 1. These devices must meet the standards and requirements as called for in the directive. In addition, it is important that notified bodies advise clients that radar detectors fitted to vehicles are also subject to the Automotive EMC Directive (95/54/EC).

Conclusion

TGN 08 Rev 1 is intended to clarify the status of radar detectors with respect to the R&TTE Directive. This document and other R&TTE guidance notes can be downloaded from the association's Web site. The information in this article and in the guidance document does not replace the text of the R&TTE Directive. It is provided for guidance only. In legal disputes, the text of the directive, or its implementation in a particular member state's national legislation, takes precedence.
 
This article is based on a guidance note prepared by the R&TTE Compliance Association. For questions about the information provided, please contact the association via its Web site at http://www.rtteca.com. Membership in R&TTE CA is open to any organization willing to follow the association's rules and constitution. An application and rules can be found on its Web site