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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice
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What is the actual law over having blue flashing lights

Resolved Question:

what is the actual law over having blue flashing lights fitted (but not using them in public) to a private vehicle. they are see threw led in colour until they are illuminated."
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.

I'm not sure what you mean?

You may fit a vehicle with any other colour light save for flashing blue as that would mimic the emergency services.

I suppose that one could argue that unless you deploy them it would not come to attention but the offence is in having it fitted rather than deploying flashing blue lights.

Can I clarify anything for you?

Jo

Customer: replied 11 months ago.
NO SORRY LET ME EXPLAIN, I WAS PULLED OVER FOR A ROUTINE STOP CHECK AND THE OFFICER NOTICED WE HAVE A LIGHTING SYSTEM IN THE CAR AND THEY SEIZED THE VEHICLE UNTIL MONDAY SO I CAN GO INTO THE POLICE STATION AND TELL THEM WHY THERE THERE,. MY ARGUMENT IS 1. WHY DOES IT MATTER WHAT I HAVE FITTED TO MY VEHICLE AS LONG AS THERE NOT ILLUMINATED ON THE QUEENS HIGHWAY. MY ACTUAL QUESTION IS WHAT ARE THE GUIDELINES FOR CRIMINAL CONVICTION OR IS IT SIMPLY A NON ENDORSABLE OFFENCE IE FINE ?
Expert:  Jo C. replied 11 months ago.

Well, it doesn't really matter why it matters. The point is that is the law.

Expert:  Jo C. replied 11 months ago.

It is a vehicle defect offence which carries 3 points and a fine but the real sting is the impound fees.

Customer: replied 11 months ago.
NOT TO WORRIED ABOUT IMPOUND FEES , TBH WE RUN A VEHICLE HIRE FIRM AND THE VEHICLE HAS BEEN USED FOR A RESPONSE VEHICLE FOR EVENTS IN RECENT MONTHS SO THIS IS THE REASON WHY BUT I JUST WANTED TO KNOW THE ACTUAL ACT AS THE OFFICER WERNT TO SURE HIMSELF. THE FACT IT CARRIES 3 POINTS SEEMS TO BAFFLE ME SOMEWAT BECAUSE MOST PEOPLE YOU ASK SEEMED TO THINK THAT THIS WAS ONLY IMPOSIBLE IF THE DRIVER HAD SOMEHOW BEEN ACUSED OF IMPERSONATING A EMERGENCY SERVICE.
Customer: replied 11 months ago.
DOES THE ACTUAL ACT SAY THE FITTING TO A VEHICLE IS PROSECUTABLE BY 3 POINTS OR USING THEM?
Expert:  Jo C. replied 11 months ago.

As I said, the offence is in having the lights fitting not in deploying them.

Customer: replied 11 months ago.
THE GUIDELINES STATE ENFORCEABLE BY WAY OF POINTS?
WHAT IS THE ROAD TRAFFIC ACT CODE?
Expert:  Jo C. replied 11 months ago.

Yes, as I said.

it is in the construction and use legislation upon lights.

Customer: replied 11 months ago.
what do you think I should say when I go In on monday?that the vehicle had them fitted for legitimate purposes, as you said the offence says having them fitted , does it state that they should be removed wen not being used after that?
Expert:  Jo C. replied 11 months ago.

They probably won't release the vehicle until the lights are removed and replaced.

Customer: replied 11 months ago.
ok I'm sorry for the confusion , let me explain fully the situation. The vehicle is a bmw x5 and we lease the vehicles out on long term lease deals. as the vehicle is white i decided to take it home this weekend as i was going to my brothers wedding. now the person who leases the vehicle was out the country for a number of weeks and rather than pay for the vehicle while they were away the returned it until they come back. tbh i didn't even realise the lights were blue until the officer turned them on. as i explained to the officer the usual driver has a lawful explanation for the lights being there so do you think that would make a difference? each case on its own merits or do you think the law is set?
Expert:  Jo C. replied 11 months ago.

The law is set and they will pursue this.

This is a vehicle defect offence.

Expert:  Jo C. replied 11 months ago.

They may give you an improvement notice instead possibly but flashing blue lights are usually taken fairly seriously.

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