Henry455
Member
Florida Hwy Patrol sued for issuing illegal tickets
- Thread starter Henry455
- Start date
K9Vic
Member
Are there quotas in Florida? They are illegal here in Texas.
My guess is that the Troopers are upset that the flashing of headlights cuts into the quota and they have to work hard to meet it.
My guess is that the Troopers are upset that the flashing of headlights cuts into the quota and they have to work hard to meet it.
It's illegal in Ohio 4513.15 (A)(1)
4513.15 Headlight illumination requirements - protection of oncoming drivers - high beam indicator.
(A) Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in section 4513.03 of the Revised Code, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons, vehicles, and substantial objects at a safe distance in advance of the vehicle, subject to the following requirements;
(1) Whenever the driver of a vehicle approaches an oncoming vehicle, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver.
(2) Every new motor vehicle registered in this state, which has multiple-beam road lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the headlights is in use, and shall not otherwise be lighted. Said indicator shall be so designed and located that, when lighted, it will be readily visible without glare to the driver of the vehicle.
( B) Whoever violates this section is guilty of a minor misdemeanor
4513.15 Headlight illumination requirements - protection of oncoming drivers - high beam indicator.
(A) Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in section 4513.03 of the Revised Code, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons, vehicles, and substantial objects at a safe distance in advance of the vehicle, subject to the following requirements;
(1) Whenever the driver of a vehicle approaches an oncoming vehicle, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver.
(2) Every new motor vehicle registered in this state, which has multiple-beam road lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the headlights is in use, and shall not otherwise be lighted. Said indicator shall be so designed and located that, when lighted, it will be readily visible without glare to the driver of the vehicle.
( B) Whoever violates this section is guilty of a minor misdemeanor
KMG365
Member
I didn't read the entire article, but it is interesting that flashing headlights as a means of communication is illegal. Mostly because big trucks are CONSTANTLY flashing their lights when they pass each other to let the front truck know if they are in the clear. Are tickets written for that too? If not, than a savvy attorney could make quite an argument.
mcpd2025
Member
There was a huge news article a couple years ago about someone being cited for a similar offense in Maryland. The problem was that the officer in the center of that mess issued the wrong charging document. There is a specific statute that deals with blinking or constantly flashing lights, which is the improper charge that the officer used.
It is ILLEGAL in Maryland to display your high beams within a certain number of feet of an approaching vehicle, or with you are trailing within a certain number of feet of another vehicle. It is also illegal to display bright or dazzling lights on any motor vehicle. If you flash your high beams and there is another vehicle within those parameters, you are in violation of that specific section. Personally I like the Ohio statute better than Maryland's. You could theoretically be charged under the bright or dazzling lights section too.
Truckers usually flash their low beam lights, so that would not violate any statute in relation to high beams or dazzling lights.
It is ILLEGAL in Maryland to display your high beams within a certain number of feet of an approaching vehicle, or with you are trailing within a certain number of feet of another vehicle. It is also illegal to display bright or dazzling lights on any motor vehicle. If you flash your high beams and there is another vehicle within those parameters, you are in violation of that specific section. Personally I like the Ohio statute better than Maryland's. You could theoretically be charged under the bright or dazzling lights section too.
Truckers usually flash their low beam lights, so that would not violate any statute in relation to high beams or dazzling lights.
mcpd2025 said:
Just curious, how would you sight me if my headlights weren't on and I "flashed" my headlights by pulling on the high-beam lever (also called European flashing) which would flash my high beams?
Not trying to start anything, just curious.
mcpd2025
Member
I'd just smash your headlights in and take all the extra lights off your truck Dan
.
I would have to feel confident that you flashed your highbeams. I would have to take into consideration whether or not your parking lights came on too (which would indicate you flashing your headlights, not your highbeams). Honestly, if I am running laser, it is to slow traffic down. If people are flashing their lights and warning other people, that should slow traffic down. That being said, there is ALWAYS that idiot flying down the street, talking on his cell phone, doing whatever else and not paying attention at all. That is the idiot that I stop. And, believe you me, that idiot has a lot of competition amongst the other idiots who are all doing the same thing. Bottom line, there are plenty of speeders to stop.
.I would have to feel confident that you flashed your highbeams. I would have to take into consideration whether or not your parking lights came on too (which would indicate you flashing your headlights, not your highbeams). Honestly, if I am running laser, it is to slow traffic down. If people are flashing their lights and warning other people, that should slow traffic down. That being said, there is ALWAYS that idiot flying down the street, talking on his cell phone, doing whatever else and not paying attention at all. That is the idiot that I stop. And, believe you me, that idiot has a lot of competition amongst the other idiots who are all doing the same thing. Bottom line, there are plenty of speeders to stop.
HILO
Member
I have never heard the term 'european flashing' before. It sounds french. Here in the US, its called a flash to pass feature.
Anyhow, in Texas it is a citeable offense as well, as well as flashing to pass. The Officer just has to know what law to reference. And we all know most Texas LEO's dont.
Texas Transporation Code 547.333.
Sec. 547.333. MULTIPLE-BEAM LIGHTING EQUIPMENT REQUIRED. (a) Unless provided otherwise, a headlamp, auxiliary driving lamp, auxiliary passing lamp, or combination of those lamps mounted on a motor vehicle, other than a motorcycle or motor-driven cycle:
(1) shall be arranged so that the operator can select at will between distributions of light projected at different elevations; and
(2) may be arranged so that the operator can select the distribution automatically.
( B) A lamp identified by Subsection (a) shall produce:
(1) an uppermost distribution of light or composite beam that is aimed and emits light sufficient to reveal a person or vehicle at a distance of at least 450 feet ahead during all conditions of loading; and
(2) a lowermost distribution of light or composite beam that:
(A) is aimed and emits light sufficient to reveal a person or vehicle at a distance of at least 150 feet ahead; and
( B) is aimed so that no part of the high-intensity portion of the beam on a vehicle that is operated on a straight, level road under any condition of loading projects into the eyes of an approaching vehicle operator.
© A person who operates a vehicle on a roadway or shoulder shall select a distribution of light or composite beam that is aimed and emits light sufficient to reveal a person or vehicle at a safe distance ahead of the vehicle, except that:
(1) an operator approaching an oncoming vehicle within 500 feet shall select:
(A) the lowermost distribution of light or composite beam, regardless of road contour or condition of loading; or
( B) a distribution aimed so that no part of the high-intensity portion of the lamp projects into the eyes of an approaching vehicle operator; and
(2) an operator approaching a vehicle from the rear within 300 feet may not select the uppermost distribution of light.
(d) A motor vehicle of a model year of 1948 or later, other than a motorcycle or motor-driven cycle, that has multiple-beam lighting equipment shall be equipped with a beam indicator that is:
(1) designed and located so that the lighted indicator is visible without glare to the vehicle operator; and
(2) lighted only when the uppermost distribution of light is in use.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Of course, people drive with high beams on al the itme. And if your low beam is burnt out, no problem, turn on your high beams, even in a quad light system. You are just as likley to get pulled over for high beams on as you are the burnt out headlight.
Anyhow, in Texas it is a citeable offense as well, as well as flashing to pass. The Officer just has to know what law to reference. And we all know most Texas LEO's dont.
Texas Transporation Code 547.333.
Sec. 547.333. MULTIPLE-BEAM LIGHTING EQUIPMENT REQUIRED. (a) Unless provided otherwise, a headlamp, auxiliary driving lamp, auxiliary passing lamp, or combination of those lamps mounted on a motor vehicle, other than a motorcycle or motor-driven cycle:
(1) shall be arranged so that the operator can select at will between distributions of light projected at different elevations; and
(2) may be arranged so that the operator can select the distribution automatically.
( B) A lamp identified by Subsection (a) shall produce:
(1) an uppermost distribution of light or composite beam that is aimed and emits light sufficient to reveal a person or vehicle at a distance of at least 450 feet ahead during all conditions of loading; and
(2) a lowermost distribution of light or composite beam that:
(A) is aimed and emits light sufficient to reveal a person or vehicle at a distance of at least 150 feet ahead; and
( B) is aimed so that no part of the high-intensity portion of the beam on a vehicle that is operated on a straight, level road under any condition of loading projects into the eyes of an approaching vehicle operator.
© A person who operates a vehicle on a roadway or shoulder shall select a distribution of light or composite beam that is aimed and emits light sufficient to reveal a person or vehicle at a safe distance ahead of the vehicle, except that:
(1) an operator approaching an oncoming vehicle within 500 feet shall select:
(A) the lowermost distribution of light or composite beam, regardless of road contour or condition of loading; or
( B) a distribution aimed so that no part of the high-intensity portion of the lamp projects into the eyes of an approaching vehicle operator; and
(2) an operator approaching a vehicle from the rear within 300 feet may not select the uppermost distribution of light.
(d) A motor vehicle of a model year of 1948 or later, other than a motorcycle or motor-driven cycle, that has multiple-beam lighting equipment shall be equipped with a beam indicator that is:
(1) designed and located so that the lighted indicator is visible without glare to the vehicle operator; and
(2) lighted only when the uppermost distribution of light is in use.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Of course, people drive with high beams on al the itme. And if your low beam is burnt out, no problem, turn on your high beams, even in a quad light system. You are just as likley to get pulled over for high beams on as you are the burnt out headlight.
Retired1
Member
and...
"Sec. 547.305. RESTRICTIONS ON USE OF LIGHTS. (a) A motor vehicle lamp or illuminating device, other than a headlamp, spotlamp, auxiliary lamp, turn signal lamp, or emergency vehicle or school bus warning lamp, that projects a beam with an intensity brighter than 300 candlepower shall be directed so that no part of the high-intensity portion of the beam strikes the roadway at a distance of more than 75 feet from the vehicle.
( B) Except as expressly authorized by law, a person may not operate or move equipment or a vehicle, other than a police vehicle, with a lamp or device that displays a red light visible from directly in front of the center of the equipment or vehicle.
© A person may not operate a motor vehicle equipped with a red, white, or blue beacon, flashing, or alternating light unless the equipment is:
(1) used as specifically authorized by this chapter; or
(2) a running lamp, headlamp, taillamp, backup lamp, or turn signal lamp that is used as authorized by law.
(d) A vehicle may be equipped with alternately flashing lighting equipment described by Section 547.701 or 547.702 only if the vehicle is:
(1) a school bus;
(2) an authorized emergency vehicle;
(3) a church bus that has the words "church bus" printed on the front and rear of the bus so as to be clearly discernable to other vehicle operators;
(4) a tow truck while under the direction of a law enforcement officer at the scene of an accident or while hooking up to a disabled vehicle on a roadway; or
(5) a tow truck with a mounted light bar which has turn signals and stop lamps in addition to those required by Sections 547.322, 547.323, and 547.324, Transportation Code.
(e) A person may not operate highway maintenance or service equipment, including snow-removal equipment, that is not equipped with lamps or that does not display lighted lamps as required by the standards and specifications adopted by the Texas Department of Transportation.
(f) In this section "tow truck" means a motor vehicle or mechanical device that is adapted or used to tow, winch, or move a disabled vehicle.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 380, Sec. 1, eff. July 1, 1999."
Current thought of most prosecutors I have spoken with is that changing from low beam to high beam does not violate this section, however alternating (wig/wag) headlamps do
"Sec. 547.305. RESTRICTIONS ON USE OF LIGHTS. (a) A motor vehicle lamp or illuminating device, other than a headlamp, spotlamp, auxiliary lamp, turn signal lamp, or emergency vehicle or school bus warning lamp, that projects a beam with an intensity brighter than 300 candlepower shall be directed so that no part of the high-intensity portion of the beam strikes the roadway at a distance of more than 75 feet from the vehicle.
( B) Except as expressly authorized by law, a person may not operate or move equipment or a vehicle, other than a police vehicle, with a lamp or device that displays a red light visible from directly in front of the center of the equipment or vehicle.
© A person may not operate a motor vehicle equipped with a red, white, or blue beacon, flashing, or alternating light unless the equipment is:
(1) used as specifically authorized by this chapter; or
(2) a running lamp, headlamp, taillamp, backup lamp, or turn signal lamp that is used as authorized by law.
(d) A vehicle may be equipped with alternately flashing lighting equipment described by Section 547.701 or 547.702 only if the vehicle is:
(1) a school bus;
(2) an authorized emergency vehicle;
(3) a church bus that has the words "church bus" printed on the front and rear of the bus so as to be clearly discernable to other vehicle operators;
(4) a tow truck while under the direction of a law enforcement officer at the scene of an accident or while hooking up to a disabled vehicle on a roadway; or
(5) a tow truck with a mounted light bar which has turn signals and stop lamps in addition to those required by Sections 547.322, 547.323, and 547.324, Transportation Code.
(e) A person may not operate highway maintenance or service equipment, including snow-removal equipment, that is not equipped with lamps or that does not display lighted lamps as required by the standards and specifications adopted by the Texas Department of Transportation.
(f) In this section "tow truck" means a motor vehicle or mechanical device that is adapted or used to tow, winch, or move a disabled vehicle.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 380, Sec. 1, eff. July 1, 1999."
Current thought of most prosecutors I have spoken with is that changing from low beam to high beam does not violate this section, however alternating (wig/wag) headlamps do
patrol530
Member
K9Vic said:
Of course there are no quotas. So if I write a flashing light ticket, that's just as good as the speeding ticket I didn't write, because you ratted me out. We write these tickets all the time with no issues.
WhiteLite03
Member
Side note, when I took drivers education classes way back in the day, we were instructed not only to flash our headlights before passing, but also to activate our horn, so that the driver being overtaken was aware of it. lol
We call it Failure to Dim and I have even seen someone charge Obstruction and win since there was a check point up ahead.
And the $15,000 damages? PSH! Freaking ridiculous. 'I don't like the fact that government is doing this'...
Is Florida like Georgia, in that revenue from trooper tickets actually go to the county, not the state?
And the $15,000 damages? PSH! Freaking ridiculous. 'I don't like the fact that government is doing this'...
Is Florida like Georgia, in that revenue from trooper tickets actually go to the county, not the state?
Skippy
Member
Wouldn't FS 316.238 prohibit the person from displaying high beams within 500 feet of another vehicle?
(1) Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in s. 316.217, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:
(a) Whenever the driver of a vehicle approaches an oncoming vehicle within 500 feet, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam, specified in ss. 316.237(1)( B) and 316.430(2)( B) shall be deemed to avoid glare at all times, regardless of road contour and loading.
( B) Whenever the driver of a vehicle approaches another vehicle from the rear within 300 feet, such driver shall use a distribution of light permissible under this chapter other than the uppermost distribution of light specified in ss. 316.237(1)(a) and 316.430(2)(a).
(1) Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in s. 316.217, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:
(a) Whenever the driver of a vehicle approaches an oncoming vehicle within 500 feet, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam, specified in ss. 316.237(1)( B) and 316.430(2)( B) shall be deemed to avoid glare at all times, regardless of road contour and loading.
( B) Whenever the driver of a vehicle approaches another vehicle from the rear within 300 feet, such driver shall use a distribution of light permissible under this chapter other than the uppermost distribution of light specified in ss. 316.237(1)(a) and 316.430(2)(a).
Blade Runner
Member
Cited News Story said:
Let's play "Find The Funny"!! It's a direct qoute from the story, with NO slick editing by yours truly....
FireEMSPolice
Member
WhiteLite03 said:
I will add to that my middle finger (also known as the Wailer signal..lol) since you are going so slow you caused me to pass you..haha!