Speed traps and warnings.

LincolnshireYokel

Drivers fined for flashing headlights at oncoming cars to warn them of police speed trap

• Tickets have already been issued for motorists who 'misuse' their headlights
• Critics say the money-making exercise would erode public support for police

For years, drivers who pass a police speed trap have flashed their headlights at oncoming cars to warn them to slow down.
But this spirit of friendly co-operation could become a thing of the past after one police force caught almost as many drivers who flashed their lights as actual speeders.
In an anti-speeding campaign, Lancashire Police handed out 23 tickets for breaking the limit - and 20 for 'misuse of headlights'.

Read more: http://www.dailymail.co.uk/news/article-2157763/Drivers-fined-flashing-headlights-warn-oncoming-cars-police-speed-trap.html#ixzz1xZHhktPl


The point here is that there was a test case years ago wher eit was ruled that it was perfectly legal to flash your lights at oncoming cars to warn them of speed traps because
- the police cannot prove that the driver flashed at was speeding at the moment he is flashed. Since there is no evidence that an offence was being committed, then the person flashing commits no offence.
-furthermore, since the police themselves put up signs warning drivers there is a speed trap in use, then warning someone additionally cannot be an offence per se.

In that case, the driver was prosecuted for obstructing a police officer. Seems that they are now using 'misuse of headlights' in order to circumvent the ruling, which is disgusting.

The original case, which went all the way to the High Court, was DPP vs Glendinning

http://www.bailii.org/ew/cases/EWHC/Admin/2005/2333.html

AlexisV

I don't where the offence has been committed?

OFFENCE
No person shall use, or cause or permit to be used, on a road any vehicle on which any lamp, hazard warning signal device or warning beacon of a type specified below is used in the manner so specified.

(1) Headlamp

(a) used so as to cause undue dazzle or discomfort to other persons using the road;
(b) used so as to be lit when a vehicle is parked.

SailorSam

I'm all in favour of speed traps, anything that will reduce the number of speeding motorists, but i can't see how someone flashing their headlights could ever be said to be committing an offence. I think the police are going over the top if they do that.

give_them_FA

The police are breaking the law in an effort to raise funds. Those Government cuts must be hitting hard.

mishoo

Can someone tell me then what is a legal use of my headlights. I need a reason to flash my lights....any ideas?

mishoo

Police were obviously waiting up ahead of the trap trying to catch drivers flashing lights. A bit sinister.

vax2002

They can issue fixed penalty notices for just about anything.
The police have finally cottoned on that the average Brit is a back boneless sub servant who will pay anything they give them instead of drag them all the way to the appeal courts.

Gloomendoom

I drove past two speed traps today. Plenty of people warned me in advance and I returned the favour.

andy13

If the police stopped me I would say I flashed my headlights to warn other road users of my presence. Which is exactly what the "flash" control is for.

HC rule 110Flashing headlights. Only flash your headlights to let other road users know that you are there. Do not flash your headlights to convey any other message or intimidate other road users.

give_them_FA

vax2002 wrote: »

They can issue fixed penalty notices for just about anything.
The police have finally cottoned on that the average Brit is a back boneless sub servant who will pay anything they give them instead of drag them all the way to the appeal courts.

Indeed, you could say that the Police are tired of the PPCs impersonating them, so now they are going to impersonate the PPCs and issue a bunch of unfounded and illegal invoices in order to raise a bit of the old wonga.

vax2002

The highway code is not legislation.
What came out of your mouth would be the deciding factor.
When dealing with Tax collecting officers of the local revenue department of your police "local community trust partnership" which is in effect a private company, dont believe me try a companies house search, the best thing to do is remain silent.
If so they would have to abandon the idea of charging you a fee for processing the ticket, which is what you pay for and look at taking the officers hat off and putting a politicians one on and seeing if they could prosecute, which they could at Magistrates guilty courts but can you imagine the argument over the wording of the legislation at appeal court with real judges.
They would bounce the police straight out of the door.