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Headlight flashing

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Headlight flashing refers to the act of either briefly switching on the headlights of a car, or of momentarily switching between a headlight's high beams and low beams, in an effort to communicate with another driver or drivers. This signal can be intended to convey a variety of messages, including a warning to other drivers of road hazards or of speed traps, and it can also be a form of aggressive driving. The legality of headlight flashing varies by jurisdiction.

History

Headlight flashing might have come into use as a common means of attempting driver-to-driver communication by the mid-1970s,[1] when cars began to come with headlight beam selectors located on the steering column—typically activated by pulling the turn signal stalk—rather than the previous foot-operated pushbutton switches. The signal stalk configuration permits the incorporation of momentary activation of the high beams regardless of whether the headlamp switch is turned on or off.

Uses

Headlight flashing is commonly used to warn other drivers of dangers on the road, such as crashed cars or police speed traps.[2] It can also be used to inform drivers of problems with their car, such as headlamps left off after dark, burned out or misaimed lights, or misuse of high beam rather than low beam in traffic,[3] or to berate a driver who is driving poorly.[2] Headlight flashing coupled with blowing the car's horn can help clear deer from a driver's path.[4] Drivers often flash headlights to indicate the intention to pass another driver,[5][6] or to signal a driver who has just overtaken that he or she is far enough ahead to change back into the lane of the overtaken vehicle. Flashing is also commonly used to request or insist that a leading driver speed up or change lanes to get out of the way of a faster following driver.[7][8] Headlight flashing may also be a part of aggressive driving,[7] and can be used in an attempt to intimidate others into speeding or otherwise driving unsafely.[9] Headlight flashing can let other drivers know of one's presence.[10] Some drivers flash their headlights as a signal that they are yielding the right of way to another driver.[11] Headlight flashing is also commonly used in attempts to warn oncoming drivers of police speed traps in the area. Headlight flashing can be used to give thanks to another driver. For example, in situations where a driver is warned of police activity in the area, it is sometimes considered courteous to flash one's lights in response.[12] Headlight flashing may also indicate protest or celebration of an event or position.[13][14]

Motorcycle headlamp modulators automatically oscillate the intensity of the headlamp in an effort to make the motorcycle more conspicuous to other drivers.[15]

Effectiveness

Headlight flashing as an effective mode of driver communication has been questioned,[16] and researchers have found the ability of drivers to communicate with one another is about the same as the communication abilities among insects.[17]

Ambiguity

Flashed headlamps can have contradictory meanings with no way for the observing driver to tell for sure what the flashing driver is trying to say. It may mean, for example, the flashing driver intends to yield the right of way, or that he intends to take it.[17] Misinterpretation of the flashing driver's intent can cause crashes.[16]

Legality

United States

In the United States, the legality of headlight flashing varies from state to state. Historically, law enforcement officers give citations for headlight flashing under three types of laws: (1) laws prohibiting a person from obstructing a police investigation, (2) laws prohibiting a person from having flashing lights on their vehicle, and (3) laws prohibiting shining a vehicle’s high beams at oncoming traffic. The specific language of each law varies by state along with courts’ holdings on whether their respective laws prohibit headlight flashing. Additionally, although not legally binding, the state driver’s manual of some states suggests flashing high beams under specific scenarios (e.g. if an oncoming vehicle is using its high beams, driver’s manuals suggest a motorist flash his or her high beams).[18][19]

In Alaska, a State Trooper has probable cause to stop a driver who flashes a vehicle’s high beams based upon a violation of 13 AAC 04.020(e)(1).[20]

In Arizona, flashing high beams or headlights is a violation of A.R.S. Section 28-942.1 (Failure to Dim Headlights).[21]

In California, headlight flashing is legal in some situations and illegal in others. It is legal for a driver to flash his headlights to indicate intention to pass on a road which does not allow passing on the right. However, headlight flashing on multiple-lane highways is illegal.[7]

In Florida, headlight flashing is protected free speech pursuant to the First Amendment.[22] Additionally, on 1 January 2013, §316.239(7), Fla. Stat. will be amended to legalize headlight flashing.[23][24] In 2005 and 2011, judges in County Court held that flashing a vehicle's headlights is not a violation of §316.239(7), Fla. Stat.[22][25]

In Maryland, police officers ticket drivers for flashing car headlights under a law which prohibits driving in a vehicle with flashing lights and laws prohibiting "obstructing a police investigation".[12] The American Civil Liberties Union of Maryland challenges the current interpretation of the law, contending the law refers to an adjective and not a verb; automatic flashing lights on non-emergency vehicles are illegal, but the act by a driver of flashing a vehicle's headlamps is not.[12] Though ticketing was common in the 1990s, Maryland and Washington, D.C. police say that flashing one's headlights was not against the law in either place.[26]

In Massachusetts, the practice of headlight flashing is technically not forbidden. A clever police officer though can ask a motorist if they were flashing their lights to warn oncoming motorists of police. If the motorist says no, the officer can ask if the vehicle has defective lights—which is a violation of Massachusetts General Laws Chapter 90, Section 7.[27]

In Minnesota, drivers are not prohibited from briefly flashing their high beams in a manner that does not blind or impair approaching drivers.[28]

In New Jersey, drivers are allowed to flash their headlights to warn approaching drivers about a speed trap ahead.[29] In 1999, The Superior Court of New Jersey Appellate Division held that a statute limiting how far high beams may project is not violated when a motorist flashes his or her high beams to warn oncoming motorists of radar. The Court also concluded that a stop by a police officer based upon high beam flashing is also improper.[30]

In New York, headlight flashing is not illegal. New York Vehicle and Traffic Law Section 375 [3] requires that headlamps "shall be operated so that dazzling light does not interfere with the driver of the approaching vehicle".[31] In 1994, New York Supreme Court, Appellate Division held that flipping or flicking high beams at approaching vehicles is insufficient to cause the "dazzling lights" prohibited under New York Vehicle and Traffic Law Section 375 [3].[32] In 2009, the New York Supreme Court held that the flashing of lights alone is not a violation of New York Vehicle and Traffic Law Section 375 [3], that stopping a vehicle based upon that is illegal, and all evidence gather as a result of the illegal stop should be suppressed.[33]

In North Dakota, when an oncoming vehicle is within 500 feet, high-beam flashing for any length of time (including momentary flashes) and for any purpose at night is illegal under N.D.C.C. Section 39-21-21.[34]

In Ohio, courts have held that the act of flashing one's headlights so as to alert oncoming drivers of a radar trap does not constitute the offense of obstructing a police officer in the performance of his duties, where there was no proof that the warned vehicles were speeding prior to the warning.[35][36] In another case, where a driver received a citation under an ordinance prohibiting flashing lights on a vehicle, a court held that the ordinance referred to the noun of flashing lights and did not prohibit the verb of flashing the headlights on a vehicle.[37] In a difference case, a court held that a momentary flick of the high beams is not a violation of Ohio R.C. 4513.15[38] (which prohibits drivers from aiming glaring rays into the eyes of oncoming drivers).[39]

In Pennsylvania, the Supreme Court of Pennsylvania has ruled that flashing one's highbeams during the day to warn of speed traps is legal.[40][41]

In Tennessee, flashing headlights to warn oncoming traffic of a police car ahead is protected free speech under the First Amendment to the United States Constitution.[42][43]

In Virginia, headlight flashing to warn of police activity is not illegal, even though other evasion techniques like radar detectors are outlawed.[44]

In Washington, high beam flashing is illegal.[45] Washington law prohibits flashing one's high beams within 400 feet of another vehicle, including using them to signal for any reason.[46] Under section 46.37.230 of the Revised Code of Washington, flashing one's headlights illegally may result in a $124 traffic infraction.[47]

In Wisconsin, the law allows a vehicle operator to intermittently flash a vehicle’s highbeam headlamps at an oncoming vehicle whose highbeam headlamps are lit.[48][49]

Jamaica

On some occasions, motorists who flashed their headlights to warn of police activity have unwittingly helped fugitives evade police. In 2008, one of Jamaica's most wanted men went around police checkpoints which had been set up on his most likely routes after a driver had flashed his headlights to warn of police ahead.[50] Drivers were warned that flashing headlights may result in "unwittingly facilitating criminal activity".[50]

Australia

Headlight flashing to warn drivers of traffic enforcement cameras is illegal in the state of Queensland, carrying a $30 fine and one demerit point, or a $1500 fine if the fine is unsuccessfully challenged in court.[51] Officers may either fine a driver for improper use of headlights, or may even arrest and prosecute for hindering police.[51]

In NSW, headlight flashing by regular drivers (that is, not a police officer, etc.) for any means is illegal, except in emergency purposes and except for immediately before overtaking (Rule 218(2)).[52]

Canada

In Ontario, the Highway Traffic Act prohibits "flashing head beams".[53] Some have brought tickets to court, claiming the law only regulates the use of alternating lights in an attempt to impersonate emergency and law enforcement vehicles, and not a driver's manually flashing his car's headlamps to communicate with other drivers.[53]

United Kingdom

Though not all of its rules represent law, the Highway Code states "Only flash your headlights to let other road users know that you are there. Do not flash your headlights in an attempt to intimidate other road users".[1] Drivers warning about speed traps have been fined in the past for "misuse of headlights".[54]

Urban legend

Beginning in the early 1980s, a widespread rumor regarding flashing headlights was spread mainly through fax, and later on the internet. The rumor states that various gangs across the United States carry out an initiation wherein the initiate drives around at night with his headlights off. Whichever driver flashes his headlamps in response to the unlit car becomes the target; to complete the initiation, the prospective gang member must hunt down and shoot, kill, assault, or rape the target.[55] The story was widely spread by many government organizations, including the New Mexico State Police.[3] This rumor has been proven an urban legend.[56]

The story originated in Montana in the early 1980s, where it was rumored that the Hells Angels bike gang was initiating recruits in this way. By 1984, the story had spread to Eugene, Oregon, where it had morphed into a story of Latino and black gangs targeting whites.[55] In August 1993, the story once again appeared, this time spread through fax and email forwarding. Warning of a "blood initiation weekend" on 25 and 26 September, the rumor this time compelled some police departments to issue actual warnings after having received the fake ones.[55] In February 1994, Ann Sibila of Massillon, Ohio reinstated the rumor by issuing flyers which claimed that killings would take place at Westfield Belden Village. After a night of sending faxes to local businesses, Sibila was arrested for inducing panic.[55]

The rumor once again spread in October 1998, when a new fax, this time claiming to originate with a Drug Abuse Resistance Education officer in Texas. The rumor spread further when officials in the San Diego government circulated the fax among city agencies; this version of the fax, though quickly dismissed within city government when it was found that the Sheriff's office had no real connection to it, now appeared to be a legitimate government-issued document.[55] Also in the fall of 1998, the Sheriff's office of Nassau County, Florida sent a warning about such gang initiation to the county fire department, who subsequently spread the fax to all county agencies. Police dispatcher Ann Johnson had thought the message urgent enough to send, but had not bothered to check its legitimacy.[55]

The rumor provided inspiration for the 1998 film Urban Legend,[55] and served as a plot device in Mark Billingham's 2008 novel In The Dark.[57] An incident inspired by this legend is the catalyst for the 2007 film Death Sentence, starring Kevin Bacon.

References

  1. ^ a b Farlam, John (2008). "Know the code?". SmartDriving. Archived from the original on 2 May 2009.
  2. ^ a b Kwa, Tion (13 October 2007). "Where blinking lights rule but signal lights are optional". The Straits Times. Retrieved 28 July 2009.
  3. ^ a b Associated Press (8 November 1998). "Flashing headlights at unlit cars could get gunfire for an answer". The Daily Courier. pp. 10C. Retrieved 28 July 2009.
  4. ^ "State motorists are warned to watch out for deer". Milwaukee Journal Sentinel. Journal Communications. 13 October 1996. Retrieved 28 July 2009.
  5. ^ "Proper Passing Technique". The Washington Post. 20 April 1996. pp. A.12. Retrieved 28 July 2009.
  6. ^ Hawrylyshyn, George (25 May 1971). "Truck drivers in Brazil create language for the road". The Free Lance–Star. Retrieved 28 July 2009.
  7. ^ a b c Richards, Gary (7 February 2006). "Flashing lights at another car often illegal, highly discouraged". San Jose Mercury News. AccessMyLibrary. Retrieved 28 July 2009.
  8. ^ Anzia, Ronald (15 April 1966). "It Pays to Be a 'Professional' Driver". Milwaukee Sentinel. Retrieved 28 July 2009.
  9. ^ "The End Of the Back Roads". The Washington Post. 26 January 1989. pp. m.02. Retrieved 28 July 2009.
  10. ^ "Flash properly!". Sligo Weekender. Thomas Crosbie Holdings. 5 April 2005. Retrieved 29 July 2009.
  11. ^ John, Honest (23 March 2004). "Honest John's agony column". The Daily Telegraph. Retrieved 28 July 2009.
  12. ^ a b c Rojas, Rick (17 June 2009). "Drivers Warning About Police At Issue in Montgomery Case". The Washington Post. Retrieved 23 July 2009.
  13. ^ "Venezuelan Police Seize Businessman Who Led 2-Month Strike". The New York Times. 21 February 2003. pp. A7. Retrieved 28 July 2009.
  14. ^ Matuszewski, Erik (28 October 2004). "Red Sox Erase Curse With First World Series Title Since 1918". Bloomberg L.P. Retrieved 28 July 2009.
  15. ^ Turner, Ramona (22 June 2009). "Street Smarts: What's with the flashing headlights motorcyclists are sporting nowadays?". San Jose Mercury News. MediaNews Group. Retrieved 28 July 2009.
  16. ^ a b Farlam, John (2008). "A Little Understanding". SmartDriving. Archived from the original on 13 May 2008. Cite error: The named reference "Farlam_4" was defined multiple times with different content (see the help page).
  17. ^ a b "Insects in the driving seat". New Scientist (1826). United Kingdom: Reed Business Information. 20 June 1992.
  18. ^ "Pennsylvania Driver's Manual" (PDF). Retrieved 26 November 2009. [dead link]
  19. ^ "Hawaii Driver's Manual" (PDF). Retrieved 26 November. {{cite web}}: Check date values in: |accessdate= (help)
  20. ^ "State v. Kunz, A-10273 (Alaska Ct. App. 2009)" (PDF).
  21. ^ "State v. Miceli, LC 2002-000241 (Superior Court of Arizona Maricopa County November 19, 2002)" (PDF).
  22. ^ a b Stutzman, Rene (22 May 2012). "Sanford judge rules in favor of motorist who flashed his headlights". Orlando Sentinel. Orlando Sentinel. Retrieved 24 May 2012. Cite error: The named reference "Stutzman" was defined multiple times with different content (see the help page).
  23. ^ "H.B. 1223, lines 681-683, 2012 Leg., (Fla. 2012)". Retrieved 27 April 2012.
  24. ^ "April 27, 2012, Transmittal from Governor Rick Scott" (PDF). Retrieved 29 April 2012.
  25. ^ "Florida vs. Alexis Nicole Cason, 4549-DAK, 12 Fla. L. Weekly Supp. 805a (April 11, 2005)" (PDF). Retrieved 10 November 2011). {{cite web}}: Check date values in: |accessdate= (help)
  26. ^ Shaffer, Ron (23 March 1995). "When Flashing Is Legal". The Washington Post. HighBeam Research. Retrieved 28 July 2009.
  27. ^ DeMarco, Peter (26 August 2007). "High beams, brought to light". The Boston Globe. Retrieved 24 November 2009.
  28. ^ "Sarber v. Comm'r of Public Safety, A12-0100 (Minn. Ct. App. August 27, 2012)". Retrieved 22 October 2012.
  29. ^ "Drivers Allowed to Flash Speed-Trap Alerts". The New York Times. 1 August 1999. Retrieved 22 November 2009.
  30. ^ "State v. Luptak, A-6074-97T1 (Superior Court of New Jersey Appellate Division July 29, 1999)" (PDF). Retrieved 22 November 2009.
  31. ^ "New York Vehicle and Traffic Law Section 375". Retrieved 23 November 2009. [dead link]
  32. ^ "People v. Lauber, 162 Misc.2d 19, 617 N.Y.S.2d 419 (2d. Dept. 1994)". Retrieved 23 November 2009.
  33. ^ "People v Rose (__AD3d __, 2009 NY Slip Op 08412 (4th Dept November 13, 2009)". Retrieved 24 November 2009.
  34. ^ "State v. Westmiller, 730 N.W.2d 134 (N.D. 2007)". Retrieved 24 November 2009). {{cite web}}: Check date values in: |accessdate= (help)
  35. ^ Akron v. Matteson, 63 O.O.2d 146, 299 N.E.2d 315 (M.C. 1972)
  36. ^ "Warrensville Hts. v. Wason, 50 Ohio App.2d 21, 4 O.O.3d 12, 361 N.E.2d 546 (1976)". Retrieved 1 December 2009.
  37. ^ "Vill. of Kirtland Hills v. Garcia, 96 Ohio App.3d 99, 644 N.E.2d 691 (1994)". Retrieved 1 December 2009.
  38. ^ "Ohio Revised Code 4513.15". Retrieved 25 November 2009.
  39. ^ "State v. Woods, 86 Ohio App. 3d 423, 621 N.E.2d 523 (1993)". Retrieved 1 December 2009.
  40. ^ "High-Beam Conviction Overturned \ Pa. Supreme Court: Man Broke No Law By Flashing Headlights To Warn Cars of Speed Trap". The Philadelphia Inquirer. 23 April 1999. Retrieved 28 July 2009.
  41. ^ "Commonwealth v. Beachey, 556 Pa. 345, 348, 728 A.2d 912, 913 (1999)". Retrieved 16 December 2009.
  42. ^ Kline, Mitchell (4 November 2003). "Flashing headlights is free speech, judge says". The Tennessean. Retrieved 22 November 2009.
  43. ^ State v. Walker, No. I-9507- 03625 (Williamson Cty. (Tenn.) Cir. Ct. 13 November 2003)
  44. ^ Blankenship, Ben (21 July 2009). "OK to warn of speed traps ahead?". Stafford County Sun. Media General. Retrieved 26 July 2009.
  45. ^ Roe, Amy (16 March 2007). "Q & A Don't flash your high beams". The Seattle Times. Retrieved 24 November 2009.
  46. ^ Roe, Amy (18 May 2007). "Shedding light on flashing brights". The Seattle Times. Retrieved 28 July 2009.
  47. ^ Castro, Hector (28 October 2008). "Dim it! Is flashing high beams at cars illegal?". Seattle Post-Intelligencer. Hearst Corporation. Retrieved 29 July 2009.
  48. ^ "Wisconsin statute 347.12(1)(a)" (PDF). Retrieved 24 November 2009.
  49. ^ "Waukesha County v. Meinhardt, 630 N.W.2d. 277 (Wi. App. 2001)" (PDF). Retrieved 24 November 2009.
  50. ^ a b "Flashing headlights helping criminals, say police". The Jamaica Observer. 8 February 2008. Retrieved 28 July 2009. [dead link]
  51. ^ a b Dibben, Kay (26 October 2008). "Drivers illegally flash lights to warn of speed cameras". The Sunday Mail. News Corporation. Retrieved 28 July 2009.
  52. ^ http://www.legislation.nsw.gov.au/fragview/inforce/subordleg+179+2008+pt.13-div.1+0+N
  53. ^ a b Ward, Bruce (13 February 2008). "To flash your lights". Ottawa Citizen. Canwest. Retrieved 28 July 2009.
  54. ^ JAMES TOZER (2012). "Flash, bang, wallop: Drivers fined for flashing headlights at oncoming cars to warn them of police speed trap". http://www.dailymail.co.uk/news/article-2157763/Drivers-fined-flashing-headlights-warn-oncoming-cars-police-speed-trap.html. dailymail.co.uk. p. 1. Retrieved 3 September 2012. {{cite web}}: External link in |work= (help); Unknown parameter |month= ignored (help)
  55. ^ a b c d e f g Mikkelson, Barbara (8 December 2008). "Lights Out!". Snopes. Retrieved 24 July 2009.
  56. ^ Ballard, Pepper (12 May 2006). "E-mail warning of danger from gang initiations said to be hoax". The Herald-Mail. Schurz Communications. Retrieved 24 July 2009.
  57. ^ "In The Dark".
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