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Lights and Punishment

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P.Turnbuckle | 13:59 Tue 04th Aug 2009 | Motoring
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Hi there everyone, I have another driving question for you all:

If a road user is caught driving agressively, for example by driving very close behind another road user and flashing thier lights - can they be prosecuted? 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."

Equally, those who leav fog lights on in all weathers - as opposed to limited viability - are these road users ever taken to court or fined?

Any answer or experiences welcome! Thanks in advance!

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In some of the work I do I come across people who have been prosecuted for the activities you describe. They are few and far between simply because detection is not easy. However, one miscreant made it quite easy when he closed in to within five feet of an unmarked police car travelling at 70mph in the overtaking lane of a two lane dual carriageway. He stayed there with his headlights and spotlights on full beam for about half a mile before cutting to the nearside lane as soon as a gap appeared and �undertook� the police car.

He was prosecuted for dangerous driving (it had gone beyond �careless�), was ordered to do 100 hours of unpaid work, disqualified for 18 months and had to take an extended driving test after his ban.

Driving with foglights on in clear conditions is not often prosecuted in my experience. Usually if offenders are apprehended they are simply warned of the law (many people don�t know it is an offence) and sent on their way.
The Crown Prosecution Service's legal guidance to its own staff (and hence, indirectly, to police forces) gives several examples of the type of behaviour which can be prosecuted as 'driving without due consideration for other road users, contrary to Section 3 of the Road Traffic Act 1988'. They include "flashing of lights to force other drivers in front to give way". See here:
http://www.cps.gov.uk/legal/p_to_r/road_traffi c_offences_guidance_on_prosecuting_cases_of_ba d_driving/index.html#a16

Chris
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Misuse of lamps/headlamps/rear fog lamps/hazard warning device/optional lamps are all dealt with by verbal warning or non-endorsable fixed penalty notices.

Recently a motorist was prosecuted for perverting the course of justice as he was seen to be flashing his headlights to warn other drivers of a speed trap.
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4 years ago some toerag nicked the whole backlight unit from my pick up truck, I replaced it and ever since then whenever my lights are on the replacement unit always shines brighter than the other side, ie like a fog light

I told the mechanic about this when I took it for an MOT and he said there was nothing to worry about as it`s not actually a fog light, the fog light is down near the number plate

I have been pulled over 3 times about this and explained to the police that it passed the MOT like that and they let it go
If a driver is too close behind you can report them to police for dangerous driving; especially if there are children in your car.

You can prosecute them once the police furnish you with the drivers info. If driver found to be driving dangerously in Court they can be fined with points. Their insurance premiums will increase - some satisfaction.
i think it comes under driving without due care and attention
and you will be done if uncle bill sees it happen
as for the foglight thing its a 60pound fine for using them when its not foggy

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