Headlight flashing
Encyclopedia
Headlight flashing refers to the act of either briefly switching on the headlights
Headlamp
A headlamp is a lamp, usually attached to the front of a vehicle such as a car or a motorcycle, with the purpose of illuminating the road ahead during periods of low visibility, such as darkness or precipitation. Headlamp performance has steadily improved throughout the automobile age, spurred by...

 of a car, or of momentarily switching between a headlight's high beams and low beams, in an effort to communicate with another driver or drivers. This signal can be intended to convey a variety of messages, including a warning to other drivers of road hazards or of speed trap
Speed Trap
Speed Trap is a live jazz album by Peter King, recorded at Ronnie Scott's Jazz Club in September 1994, and released in 1996 under the Ronnie Scotts Jazz House label...

s, and it can also be a form of aggressive driving
Aggressive driving
Aggressive driving is a form of automobile operation in which an operator will deliberately behave in such a manner as to increase the risk of an automobile accident....

. The legality of headlight flashing varies by jurisdiction.

History

Headlight flashing might have come into use as a common means of attempting driver-to-driver communication by the mid-1970s, when cars began to come with headlight beam selectors located on the steering column
Steering column
The automotive steering column is a device intended primarily for connecting the steering wheel to the steering mechanism or transferring the driver's input torque from the steering wheel.-Secondary functions:...

—typically activated by pulling the turn signal stalk—rather than the previous foot-operated pushbutton switches. The signal stalk configuration permits the incorporation of momentary activation of the high beams regardless of whether the headlamp switch is turned on or off.

Uses

Headlight flashing is commonly used to warn other drivers of dangers on the road, such as crashed cars or police speed traps. It can also be used to inform drivers of problems with their car, such as headlamps left off after dark, burned out or misaimed lights, or misuse of high beam rather than low beam in traffic, or to berate a driver who is driving poorly. Headlight flashing coupled with blowing the car's horn can help clear deer
Deer
Deer are the ruminant mammals forming the family Cervidae. Species in the Cervidae family include white-tailed deer, elk, moose, red deer, reindeer, fallow deer, roe deer and chital. Male deer of all species and female reindeer grow and shed new antlers each year...

 from a driver's path. Drivers often flash headlights to indicate the intention to pass
Overtaking
Overtaking or passing is the act of one vehicle going past another slower moving vehicle, travelling in the same direction, on a road. The lane used for overtaking another vehicle is almost always a lane further from the road shoulder — that is, to the left in places that drive on the right,...

 another driver, or to signal a driver who has just overtaken that he or she is far enough ahead to change back into the lane of the overtaken vehicle. Flashing is also commonly used to request or insist that a leading driver speed up or change lanes to get out of the way of a faster following driver. Headlight flashing may also be a part of aggressive driving, and can be used in an attempt to intimidate others into speeding or otherwise driving unsafely. Headlight flashing can let other drivers know of one's presence. Some drivers flash their headlights as a signal that they are yielding the right of way to another driver. Headlight flashing is also commonly used in attempts to warn oncoming drivers of police speed traps in the area. In situations where a driver is warned of police activity in the area, it is sometimes considered courteous to flash one's lights in response. Headlight flashing may also indicate protest or celebration of an event or position.

Among drivers of certain expensive sports cars, headlight flashes are sometimes used as a greeting from one driver to another driver of the same make of car. These flashes are generally restricted to uncommon or sportier cars, or cars that have a particular enthusiast following behind them; although the practice appears to be in decline.

Motorcycle headlamp modulators automatically oscillate the intensity of the headlamp in an effort to make the motorcycle more conspicuous to other drivers.

Effectiveness

Headlight flashing as an effective mode of driver communication has been questioned, and researchers have found the ability of drivers to communicate with one another is about the same as the communication abilities among insects.

Ambiguity

Flashed headlamps can have contradictory meanings with no way for the observing driver to tell for sure what the flashing driver is trying to say. It may mean, for example, the flashing driver intends to yield the right of way, or that he intends to take it. Misinterpretation of the flashing driver's intent can cause crashes.

United States

In the United States, the legality of headlight flashing varies from state to state. Historically, law enforcement officers give citations for headlight flashing under three types of laws: (1) laws prohibiting a person from obstructing a police investigation, (2) laws prohibiting a person from having flashing lights on their vehicle, and (3) laws prohibiting shining a vehicle’s high beams at oncoming traffic. The specific language of each law varies by state along with courts’ holdings on whether their respective laws prohibit headlight flashing. Additionally, although not legally binding, the state driver’s manual of some states suggests flashing high beams under specific scenarios (e.g. if an oncoming vehicle is using its high beams, driver’s manuals suggest a motorist flash his or her high beams).

In Alaska
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...

, a State Trooper has probable cause to stop a driver who flashes a vehicle’s high beams based upon a violation of 13 AAC 04.020(e)(1).

In Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...

, flashing high beams or headlights is a violation of A.R.S. Section 28-942.1 (Failure to Dim Headlights).

In California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

, headlight flashing is legal in some situations and illegal in others. It is legal for a driver to flash his headlights to indicate intention to pass on a road which does not allow passing on the right. However, headlight flashing on multiple-lane highway
Highway
A highway is any public road. In American English, the term is common and almost always designates major roads. In British English, the term designates any road open to the public. Any interconnected set of highways can be variously referred to as a "highway system", a "highway network", or a...

s is illegal.

In Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...

, §316.239(7), Fla. Stat. states "flashing lights are prohibited on vehicles except as a means of indicating a right or left turn, to change lanes, or to indicate that the vehicle is lawfully stopped or disabled upon the highway". This has been used as a basis for issuing a moving violation
Moving violation
A moving violation is any violation of the law committed by the driver of a vehicle while it is in motion. The term "motion" distinguishes it from other violations such as parking violations, equipment violations, or paperwork violations relating to insurance, registration, inspection, etc.-...

 with a $90 fine to drivers who flash their headlights to warn oncoming drivers of speed traps; some police and at least one journalist believes that the law applied to those who manually flash their high beams. In 2005 and 2011, judges in County Court held that flashing a vehicle's headlights is not a violation of §316.239(7), Fla. Stat.

In Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...

, police officers ticket drivers for flashing car headlights under a law which prohibits driving in a vehicle with flashing lights and laws prohibiting "obstructing a police investigation". The American Civil Liberties Union of Maryland
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...

 challenges the current interpretation of the law, contending the law refers to an adjective and not a verb; automatic flashing lights on non-emergency vehicles are illegal, but the act by a driver of flashing a vehicle's headlamps is not. Though ticketing was common in the 1990s, Maryland and Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....

 police say that flashing one's headlights was not against the law in either place.

In Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...

, the practice of headlight flashing is technically not forbidden. A clever police officer though can ask a motorist if they were flashing their lights to warn oncoming motorists of police. If the motorist says no, the officer can ask if the vehicle has defective lights—which is a violation of Massachusetts General Laws Chapter 90, Section 7.

In New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...

, drivers are allowed to flash their headlights to warn approaching drivers about a speed trap ahead. In 1999, The Superior Court of New Jersey Appellate Division held that a statute limiting how far high beams may project is not violated when a motorist flashes his or her high beams to warn oncoming motorists of radar. The Court also concluded that a stop by a police officer based upon high beam flashing is also improper.

In New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...

, headlight flashing is not illegal. New York Vehicle and Traffic Law Section 375 [3] requires that headlamps "shall be operated so that dazzling light does not interfere with the driver of the approaching vehicle". In 1994, New York Supreme Court, Appellate Division
New York Supreme Court, Appellate Division
The Supreme Court of the State of New York, Appellate Division is the intermediate appellate court in New York State. The Appellate Division is composed of four departments .*The First Department covers the Bronx The Supreme Court of the State of New York, Appellate Division is the intermediate...

 held that flipping or flicking high beams at approaching vehicles is insufficient to cause the "dazzling lights" prohibited under New York Vehicle and Traffic Law Section 375 [3]. In 2009, the New York Supreme Court
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...

 held that the flashing of lights alone is not a violation of New York Vehicle and Traffic Law Section 375 [3], that stopping a vehicle based upon that is illegal, and all evidence gather as a result of the illegal stop should be suppressed.

In North Dakota
North Dakota
North Dakota is a state located in the Midwestern region of the United States of America, along the Canadian border. The state is bordered by Canada to the north, Minnesota to the east, South Dakota to the south and Montana to the west. North Dakota is the 19th-largest state by area in the U.S....

, when an oncoming vehicle is within 500 feet, high-beam flashing for any length of time (including momentary flashes) and for any purpose at night is illegal under N.D.C.C. Section 39-21-21.

In Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...

, courts have held that the act of flashing one's headlights so as to alert oncoming drivers of a radar trap does not constitute the offense of obstructing a police officer in the performance of his duties, where there was no proof that the warned vehicles were speeding prior to the warning. In another case, where a driver received a citation under an ordinance prohibiting flashing lights on a vehicle, a court held that the ordinance referred to the noun of flashing lights and did not prohibit the verb of flashing the headlights on a vehicle. In a difference case, a court held that a momentary flick of the high beams is not a violation of Ohio R.C. 4513.15 (which prohibits drivers from aiming glaring rays into the eyes of oncoming drivers).

In Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...

, the Supreme Court of Pennsylvania
Supreme Court of Pennsylvania
The Supreme Court of Pennsylvania is the court of last resort for the Commonwealth of Pennsylvania. It meets in Philadelphia, Pittsburgh, and Harrisburg, Pennsylvania.-History:...

 has ruled that flashing one's highbeams during the day to warn of speed traps is legal.

In Tennessee
Tennessee
Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...

, flashing headlights to warn oncoming traffic of a police car ahead is protected free speech under the First Amendment to the United States Constitution
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...

.

In Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...

, headlight flashing to warn of police activity is not illegal, even though other evasion techniques like radar detector
Radar detector
A radar detector is an electronic device used by motorists to detect if their speed is being monitored by police or law enforcement using a radar gun. Most radar detectors are used so the driver can reduce the car's speed before being ticketed for speeding...

s are outlawed.

In Washington, high beam flashing is illegal. Washington law prohibits flashing one's high beams within 400 feet of another vehicle, including using them to signal for any reason. Under section 46.37.230 of the Revised Code of Washington, flashing one's headlights illegally may result in a $124 traffic infraction.

In Wisconsin
Wisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...

, the law allows a vehicle operator to intermittently flash a vehicle’s highbeam headlamps
at an oncoming vehicle whose highbeam headlamps are lit.

Jamaica

On some occasions, motorists who flashed their headlights to warn of police activity have unwittingly helped fugitives evade police. In 2008, one of Jamaica's most wanted men went around police checkpoints which had been set up on his most likely routes after a driver had flashed his headlights to warn of police ahead. Drivers were warned that flashing headlights may result in "unwittingly facilitating criminal activity".

Australia

Headlight flashing to warn drivers of traffic enforcement cameras is illegal in the Australian State of Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...

, carrying a $30 fine and one demerit point, or a $1500 fine if the fine is unsuccessfully challenged in court. Officers may either fine a driver for improper use of headlights, or may even arrest and prosecute for hindering police.

In NSW, headlight flashing by regular drivers (that is, not a police officer, etc) for any means is illegal, except in emergency purposes.

Canada

In Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....

, the Highway Traffic Act
Highway Traffic Act (Ontario)
The Highway Traffic Act is an Ontario Act which regulates the licensing of vehicles, classification of traffic offenses, administration of loads, classification of vehicles and other transport related issues...

 prohibits "flashing head beams". Some have brought tickets to court, claiming the law only regulates the use of alternating lights in an attempt to impersonate emergency and law enforcement vehicles, and not a driver's manually flashing his car's headlamps to communicate with other drivers.

United Kingdom

Though not all of its rules represent law, the Highway Code
Highway Code
The Highway Code is the official road user guide for Great Britain. In Northern Ireland the applies while the Republic of Ireland has its own Rules of the Road. It contains 306 numbered rules and 9 annexes covering pedestrians, animals, cyclists, motorcyclists and drivers...

 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".

Urban legend

Beginning in the early 1980s, a widespread rumor regarding flashing headlights was spread mainly through fax, and later on the internet. The rumor states that various gangs across the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 carry out an initiation
Initiation
Initiation is a rite of passage ceremony marking entrance or acceptance into a group or society. It could also be a formal admission to adulthood in a community or one of its formal components...

 wherein the initiate drives around at night with his headlights off. Whichever driver flashes his headlamps in response to the unlit car becomes the target; to complete the initiation, the prospective gang member must hunt down and shoot, kill, assault, or rape the target. The story was widely spread by many government organizations, including the New Mexico State Police
New Mexico State Police
The New Mexico State Police is the state police agency for New Mexico, which has jurisdiction anywhere in the state. It was created to protect the lives, property and constitutional rights of people in New Mexico...

. This rumor has been proven an urban legend
Urban legend
An urban legend, urban myth, urban tale, or contemporary legend, is a form of modern folklore consisting of stories that may or may not have been believed by their tellers to be true...

.

The story originated in Montana
Montana
Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...

 in the early 1980s, where it was rumored that the Hells Angels
Hells Angels
The Hells Angels Motorcycle Club is a worldwide one-percenter motorcycle gang and organized crime syndicate whose members typically ride Harley-Davidson motorcycles. In the United States and Canada, the Hells Angels are incorporated as the Hells Angels Motorcycle Corporation. Their primary motto...

 bike gang was initiating recruits in this way. By 1984, the story had spread to Eugene, Oregon
Eugene, Oregon
Eugene is the second largest city in the U.S. state of Oregon and the seat of Lane County. It is located at the south end of the Willamette Valley, at the confluence of the McKenzie and Willamette rivers, about east of the Oregon Coast.As of the 2010 U.S...

, where it had morphed into a story of Latino and black gangs targeting whites. In August 1993, the story once again appeared, this time spread through fax
Fax
Fax , sometimes called telecopying, is the telephonic transmission of scanned printed material , normally to a telephone number connected to a printer or other output device...

 and email forwarding
Email forwarding
Email forwarding generically refers to the operation of re-sending an email message delivered to one email address on to a possibly different email address...

. Warning of a "blood initiation weekend" on September 25 and 26, the rumor this time compelled some police departments to issue actual warnings after having received the fake ones. In February 1994, Ann Sibila of Massillon, Ohio
Massillon, Ohio
Massillon is a city located in Stark County in the U.S. state of Ohio, approximately 8 miles to the west of Canton, Ohio, 20 miles south of Akron, Ohio, and 50 miles south of Cleveland, Ohio. The population was 32,149 at the 2010 census....

 reinstated the rumor by issuing flyers which claimed that killings would take place at Westfield Belden Village
Westfield Belden Village
Westfield Belden Village, formerly Belden Village Mall, is a shopping mall in Jackson Township, Ohio. Its current anchor stores are Dillard's, Macy's and Sears.-History:...

. After a night of sending faxes to local businesses, Sibila was arrested for inducing panic.

The rumor once again spread in October 1998, when a new fax, this time claiming to originate with a Drug Abuse Resistance Education
Drug Abuse Resistance Education
Drug Abuse Resistance Education, better known as DARE, is an international education program that seeks to prevent use of controlled drugs, membership in gangs, and violent behavior. D.A.R.E., which has expanded globally since its founding in 1983, is a demand-side drug control strategy of the U.S....

 officer in Texas. The rumor spread further when officials in the San Diego government circulated the fax among city agencies; this version of the fax, though quickly dismissed within city government when it was found that the Sheriff's office had no real connection to it, now appeared to be a legitimate government-issued document. Also in the fall of 1998, the Sheriff's office of Nassau County, Florida
Nassau County, Florida
Nassau County is a county located in the state of Florida. As of 2000, the population was 57,663. The U.S. Census Bureau 2008 estimate for the county was 69,835. Its county seat is Fernandina Beach, Florida....

 sent a warning about such gang initiation to the county fire department, who subsequently spread the fax to all county agencies. Police dispatcher Ann Johnson had thought the message urgent enough to send, but had not bothered to check its legitimacy.

The rumor provided inspiration for the 1998 film Urban Legend
Urban Legend (film)
Urban Legend is a 1998 horror film starring Alicia Witt, Rebecca Gayheart, Jared Leto, Michael Rosenbaum, Natasha Gregson Wagner, Loretta Devine, Robert Englund, John Neville, Joshua Jackson, Regina King, and Tara Reid...

, and served as a plot device in Mark Billingham's
Mark Billingham
Mark Philip David Billingham is an English novelist whose series of "Tom Thorne" crime novels are best-sellers in that particular genre. He is also a television screenwriter and has become a familiar face as an actor and comic....

2008 novel In The Dark.
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