Florida Law: Television in Car

Factual Questions
1

Okay, I know that many of us have had disagreements about history as it relates to textualism vs. evolving standard, and I think that this Florida law is a good, well, not exactly test, but an example of how even a recently enacted law can cause confusion.

First, I understand that you are not my lawyer, and I am not your client, but I would appreciate some input on this:

[QUOTE=FL Code]
316.303 Television receivers.–

(1) No motor vehicle operated on the highways of this state shall be equipped with television-type receiving equipment so located that the viewer or screen is visible from the driver’s seat.

(2) This section does not prohibit the use of television-type receiving equipment used exclusively for safety or law enforcement purposes, provided such use is approved by the department.

(3) This section does not prohibit the use of an electronic display used in conjunction with a vehicle navigation system.

(4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History.–s. 1, ch. 71-135; s. 1, ch. 76-31; s. 26, ch. 94-306; s. 218, ch. 99-248.

Note.–Former s. 316.275.
[/QUOTE]

Now, I have a combination GPS receiver/Radio/DVD Player with a 4" screen in my pickup truck (regular cab, so it would be “visible from the drivers seat” in every location in the cab). This law gives me a few questions:

  1. Is a DVD player considered a “television-type receiving equipment” as defined by section 1? It does not “receive” over the air signals like a normal television. Does it matter that the DVD is only one of many features of the device?

  2. Section 3 would seem to exempt my device since it is a vehicle navigation system, but is it only exempt while actually being used as a GPS device? If I switch it to radio mode, for example, am I no longer exempt?

  3. If a police officer observed the display as I passed by, would that be considered probable cause to stop me under this section?

Finally, do I tend to read too much into laws, or do others see various problems like these with most laws as they are written.

Thanks.

2

It does look like the authors either failed to consider video players, or deliberately excluded them. OTOH, they may have been considering a “receiving device” to be anything that displays the signal from any video source, including an integrated DVD player.

And yeah, I think you’re hosed on the GPS thing – I see no reason why a combination GPS/DVD unit wouldn’t be prohibited by this law.

3

These answers are provided by a friend who is a detective with the Orange County Sheriff’s Department.

Yes, it counts, and yes it matters that it is only one feature. He would assume that it was used only as a GPS unit unless you were watching a movie when he pulled you over.

See above- as long as you aren’t watching a movie, you’re safe (from him, at least).

Yes, again assuming you appeared to be watching a movie.

FYI, for the purposes of Florida law, “television-type receiving equipment” is generally construed to mean anything that can accept a digital video signal via RCA, coaxial or S-video cable.

4

This law was probably written before there were portable DVD players, so they weren’t included. (And portable VHS or Beta players were pretty uncommon!)

Also, it would seem like the video screens that show back-up camera views on some high-end cars might be illegal, too – they aren’t exempted under this law. Unless the policeman considered them covered as being used for navigation – or just used his common sense.

5

It was rewritten in 2006.

6

I would think that a back-up monitor would fall under part 2 – “used for safety” – though obviously the “approved by the department” bit is sticky.

Incidentally, many GPS systems come with warning labels not to mess with them while you’re driving, and I wouldn’t be surprised to see legislation (soon or now) prohibiting such fiddling while driving.

7

A law to that effect (which also bans texting while driving) just passed the Alabama House and is in committee in the Senate.

8

Thanks for the answer. That shows a lot of common sense on the officer’s part, however, it does not match with the text of the law. The law speaks of only whether or not a vehicle is “equipped” with a TV device. Whether or not it is on, the driver is watching a movie, a boxing match, or it doesn’t even work means nothing according to the law.

It also seems that if a driver had his laptop in the car, he could be emailing, IMing, posting on the Dope, and watching a DVD, but if it is installed in the vehicle and powered off, then it is not permitted.

I hope I’m not splitting hairs, but this seems like the type of violation that I would get charged with..

9

It “receives” signals from some other source, and as long as it does, it’s illegal to equip your car with it. This means that you have to face such a screen backwards from the driving area of the interior compartment.

Presumably this would include a setup allowing you to have your laptop computer open and running beside you on a platform of some sort. Of course, concluding that a laptop computer is “television type equipment” might cause a judge to give pause, but given the possible intent of the measure (do NOT distract the driver with something that plays movies in his view!), I wouldn’t be surprised at an attempt to so interpret the law.

Section 3 allows the “use” of a display “used in conjunction with a vehicle navigation system.” The question becomes, is the “used” in the second part of the sentence talking about the same “use” in the first part of the sentence. Or is it possible to say, “Look, officer, I admit I was watching a DVD on my screen, but I can and have used it to access the GPS function, so use of this screen for ANY purpose is exempted by Section 3”? Deciding which to follow depends upon what the court sees the purpose of the law as. Is the law on the books to limit the existence and installation of certain equipment? Or is it in the statutes to allow the state to punish a driver for watching movies while driving? If the former, then the argument that it CAN be used as part of a GPS system might well be enough to avoid a conviction. If the latter, then the court should interpret the statute to preclude any use other than as part of the GPS system.

The answer here depends upon the answer to the prior section. If using the screen in that fashion is unlawful, then yes. If it is not unlawful, then no.