- barraymian
- Newbie
- Posts: 10
- Joined: Wed Nov 14, 2007 4:48 pm
"improper Use Of Headlights"
so i saw a cop with a radar looking at incoming traffic and i decided to warn the incoming traffic of the cop and starting flashing my headlights and suddenly i see another cop on my side of the road telling me to pull over. He tells me that he knows what i was doing and that is considered an "improper use of headlights" and carries a $110 ticket but he let me go after i said i was sorry.
Seems to me that he was just trying to scare me and there is no such law. Can anybody confirm this? i would love to actually see where this rule is in the traffic act
- Reflections
- High Authority
- Posts: 1489
- Joined: Fri Apr 11, 2008 2:49 pm
- Location: somewhere in traffic
There is nothing illegal about flashing people to warn them about radar traps. This happened to Brad Diamond of Motoring on TSN, Jim Kenzie wrote about it. The officer was just trying to scare you.
I wonder if they could also use something like impeding the work of an officer or obstruction of justice
I know some states like MD have a law that prohibits flashing headlights.
Some officers will mistakenly charge you for producing "alternating flashes of light," which is reserved for emergency vehicles.
I don't know of any law prohibiting such an action during the day, but it is illegal in conditions where headlights are required - can't use high beams within 150 m of oncoming traffic.
- barraymian
- Newbie
- Posts: 10
- Joined: Wed Nov 14, 2007 4:48 pm
ahhh excellent, thanks Reflections
for anybody interested in reading what Reflections is talking about, read this: http://www.wheels.ca/Article/Category/article/167046
That was a great read.
I really like this place and I think I'm going to stick around. I've learned a lot, not just about my own ticket issue, in the past few days I've been here.
- Radar Identified
- High Authority
- Posts: 2881
- Joined: Mon Sep 08, 2008 8:26 pm
- Location: Toronto
That being the case:
Welcome aboard, Marquisse!
- hwybear
- High Authority
- Posts: 2934
- Joined: Tue Apr 22, 2008 7:21 am
- Location: In YOUR rearview mirror!
side note: if this was used during times when lights are required it would be improper use and/or fail to use low beam
I remember reading about one of these cases that had actually made it to court. The defense argued, successfully, that the accused was attempting to prevent the commission of an offense.
- Reflections
- High Authority
- Posts: 1489
- Joined: Fri Apr 11, 2008 2:49 pm
- Location: somewhere in traffic
Proper1 wrote:I remember reading about one of these cases that had actually made it to court. The defense argued, successfully, that the accused was attempting to prevent the commission of an offense.
I thought that the "offense" would be criminal, not just OHTA related? Just my take on "offense".
No, the OHTA goes on about how anybody violating one of its many provisions "is guilty of an offence" (and please pardon my misspelling). Unfortunately, I can't now cite whatever it was that I read. The principle, though, sounds reasonable to me.
Do you remember what the charge was? I wonder if anyone has actually lost a court case for this under an "alternating lights" charge. Would that set a precedent for this alternate (ha ha, pun) interpretation?
To me, that section prohibits flashing highbeams where the beam alternates between the left and right lamps (i.e., left on, right off > left off, right on > repeat). Otherwise, simply stating "No person shall use highbeam headlamps that produce flashes of white light" seems to be sufficient, without specifying "alternating".
- hwybear
- High Authority
- Posts: 2934
- Joined: Tue Apr 22, 2008 7:21 am
- Location: In YOUR rearview mirror!
Squishy wrote: Otherwise, simply stating "No person shall use highbeam headlamps that produce flashes of white light" seems to be sufficient, without specifying "alternating".
that offence has to be when "lights are required"
The full subsection reads: "No person shall use highbeam headlamps that produce alternating flashes of white light on any vehicle other than a vehicle referred to in subsection (1). R.S.O. 1990, c. H.8, s. 169 (2)."
Vehicles referred to in (1) are "a public utility emergency vehicle while responding to an emergency and by an emergency vehicle as defined in subsection 144 (1)."
No mention of "when headlights are required," although subsection (1) does say "despite [section which does only apply when lamps are required]". However, since (1) is the subsection allowing a certain action, I take subsection (2) to apply at all times. What isn't clear is what the heck "alternating" means (between sides, or between on/off?).
Squishy wrote:What isn't clear is what the heck "alternating" means (between sides, or between on/off?).
If the headlights are cycling such that, at any given time, one headlight is on when the other is off, they would be alternating. Only emergency vehicles can legally do this.
Turning your lights on and off, or toggling your highbeam switch, is NOT alternating as both bulbs are either on or off at all times.
-
- Similar Topics
-
-
New post HTA 62(7) driving with improper headlights, how to fight?
by timereaper in General TalkLast post by timereaper Mon Jan 27, 2014 8:36 am
-
-
-
New post Use of Headlights
by driver999 in General TalkLast post by HollowPoint Mon Jul 11, 2011 1:54 am
-
-
-
New post HEADLIGHTS ON SHOULD BE MANDATORY
by etcheffects in General TalkLast post by Stanton Tue Jan 17, 2012 9:20 pm
-
-
-
New post flashing headlights'.
by viper1 in General TalkLast post by Radar Identified Sun Dec 09, 2012 9:02 pm
-
-
-
New post is it legal to tint your headlights??
by chris_dalacker in General TalkLast post by beleafer81 Sun Jul 18, 2010 12:22 am
-
-
-
New post Driving without Headlights...Interpretation of Law
by Rdlz82 in General TalkLast post by Simon Borys Wed Apr 27, 2011 9:49 pm
-
-
-
New post Ticket for BLUE headlights
by macgal in General TalkLast post by macgal Thu Jan 19, 2012 5:40 pm
-
-
-
New post Drive without proper headlights - different bulb L to R
by dash88 in General TalkLast post by iFly55 Wed Sep 25, 2013 4:32 pm
-
-
-
New post Improper vehicle description on disclosure and improper signage?
by probe1989 in Speed TrapsLast post by probe1989 Thu Jan 17, 2019 7:17 pm
-
-
-
New post Improper right
by shelby in Improper right turnLast post by Lawman Thu Jul 09, 2009 6:54 am
-
Who is online
Users browsing this forum: No registered users and 14 guests