Headlight flashing

Headlight flashing might have come into more common use as a means of attempting driver-to-driver communication by the mid-1970s,{{Cite web |url=http://www.smartdriving.co.uk/Driving/DefensiveDriving/Flashing_Headlamps/Flashers3.html |title=Know the code?|last=Farlam |first=John|year=2008 |work=SmartDriving |archive-url=https://web.archive.org/web/20090502150247/http://www.smartdriving.co.uk/Driving/DefensiveDriving/Flashing_Headlamps/Flashers3.html |archive-date=2 May 2009}} when cars began to come with headlight beam selectors located on the steering column—typically activated by pulling the turn signal stalk—rather than the previous foot-operated pushbutton switches. The signal stalk configuration was later wired to permit the momentary activation of the high beams regardless of whether the headlamp switch was turned on or off. Motorcycle headlamp modulators automatically oscillate the intensity of the headlamp in an effort to make the motorcycle more conspicuous to other drivers.{{Cite news |last=Turner |first=Ramona |date=22 June 2009 |title=Street Smarts: What's with the flashing headlights motorcyclists are sporting nowadays? |url=http://www.mercurynews.com/centralcoast/ci_12661788?nclick_check=1 |access-date=28 July 2009 |work=San Jose Mercury News |publisher=MediaNews Group}}

Headlight flashing attracts attention, and so can be considered the visual equivalent of blowing the horn. Indeed, some car owner's manuals identify headlight control on the steering column as the "optical horn". Like the horn, it has many uses:

• Letting other drivers know of one's presence.{{Cite news|url=http://www.sligoweekender.ie/news/story/?trs=cwcwmhqlkf|title=Flash properly!|date=5 April 2005|work=Sligo Weekender|publisher=Thomas Crosbie Holdings|access-date=29 July 2009}}{{Dead link|date=January 2020 |bot=InternetArchiveBot |fix-attempted=yes }}
• Acknowledging the presence or actions of other drivers.
• Signaling that the flashing driver is yielding the right of way, for example at an intersection controlled by stop signs.{{Cite news|url=https://www.telegraph.co.uk/motoring/caradvice/2727369/Honest-Johns-agony-column.html|title=Honest John's agony column|last=John|first=Honest|date=23 March 2004|work=The Daily Telegraph|access-date=28 July 2009}}
• Warning other drivers of road dangers, such as crashed cars or police speed traps.{{Cite news|url=http://www.asiaone.com/print/Motoring/Motorworld/Others/Story/A1Story20071014-29964.html|title=Where blinking lights rule but signal lights are optional|last=Kwa|first=Tion|date=13 October 2007|work=The Straits Times|access-date=28 July 2009|archive-url=https://web.archive.org/web/20110605122512/http://www.asiaone.com/print/Motoring/Motorworld/Others/Story/A1Story20071014-29964.html|archive-date=5 June 2011|url-status=dead}}
• Giving thanks to other drivers. For example, when one is warned of police presence, it is sometimes considered courteous to flash back.
• Informing other drivers of problems with their car, such as headlamps left off after dark, burned out or misaligned lights, or misuse of high beam rather than low beam in traffic; or to berate a driver who poses a risk to traffic. Headlight flashing coupled with blowing the car's horn can help clear deer from a driver's path.{{Cite news|url=http://nl.newsbank.com/nl-search/we/Archives?p_product=MWSB&p_theme=mwsb&p_action=search&p_maxdocs=200&p_topdoc=1&p_text_direct-0=0EB82A1D6F0DFEE3&p_field_direct-0=document_id&p_perpage=10&p_sort=YMD_date:D&s_trackval=GooglePM|title=State motorists are warned to watch out for deer|date=13 October 1996|work=Milwaukee Journal Sentinel|publisher=Journal Communications|access-date=28 July 2009}}
• Indicating the intention to overtake another driver,{{Cite news|url=https://pqasb.pqarchiver.com/washingtonpost/access/22097225.html?dids=22097225:22097225&FMT=ABS&FMTS=ABS:FT&type=current&date=Apr+30%2C+1996&author=&pub=The+Washington+Post+(pre-1997+Fulltext)&desc=Proper+Passing+Technique&pqatl=google|title=Proper Passing Technique|date=20 April 1996|newspaper=The Washington Post|pages=A.12|access-date=28 July 2009|archive-date=22 October 2012|archive-url=https://web.archive.org/web/20121022192441/http://pqasb.pqarchiver.com/washingtonpost/access/22097225.html?dids=22097225:22097225&FMT=ABS&FMTS=ABS:FT&type=current&date=Apr+30,+1996&author=&pub=The+Washington+Post+(pre-1997+Fulltext)&desc=Proper+Passing+Technique&pqatl=google|url-status=dead}}{{Cite news|url=https://news.google.com/newspapers?id=DaEQAAAAIBAJ&sjid=q4oDAAAAIBAJ&pg=7201,3100750&dq=flashing+headlights|title=Truck drivers in Brazil create language for the road|last=Hawrylyshyn|first=George|date=25 May 1971|work=The Free Lance–Star|access-date=28 July 2009}} or to signal a driver who has just overtaken that they can now return to the original lane. Flashing can request or insist that a leading driver speed up or change lanes to get out of the way of a faster following driver.{{Cite news|url=https://news.google.com/newspapers?id=JREWAAAAIBAJ&sjid=_hAEAAAAIBAJ&pg=7200,3418384&dq=flashing+headlights|archive-url=https://archive.today/20120713082240/http://news.google.com/newspapers?id=JREWAAAAIBAJ&sjid=_hAEAAAAIBAJ&pg=7200,3418384&dq=flashing+headlights|url-status=dead|archive-date=13 July 2012|title=It Pays to Be a 'Professional' Driver|last=Anzia|first=Ronald|date=15 April 1966|work=Milwaukee Sentinel|access-date=28 July 2009}}

Headlight flashing may sometimes play a part in aggressive driving, and can be used in an attempt to intimidate others into speeding or otherwise driving unsafely.{{Cite news|url=https://pqasb.pqarchiver.com/washingtonpost/access/73774522.html?dids=73774522:73774522&FMT=ABS&FMTS=ABS:FT&type=current&date=Jan+26%2C+1989&author=&pub=The+Washington+Post+(pre-1997+Fulltext)&desc=The+End+Of+the+Back+Roads&pqatl=google|title=The End of the Back Roads|date=26 January 1989|newspaper=The Washington Post|pages=m.02|access-date=28 July 2009|archive-date=22 October 2012|archive-url=https://web.archive.org/web/20121022192453/http://pqasb.pqarchiver.com/washingtonpost/access/73774522.html?dids=73774522:73774522&FMT=ABS&FMTS=ABS:FT&type=current&date=Jan+26,+1989&author=&pub=The+Washington+Post+(pre-1997+Fulltext)&desc=The+End+Of+the+Back+Roads&pqatl=google|url-status=dead}} Headlight flashing may also indicate protest or celebration of an event or political position.{{Cite news|url=https://www.nytimes.com/2003/02/21/world/venezuelan-police-seize-businessman-who-led-2-month-strike.html|title=Venezuelan Police Seize Businessman Who Led 2-Month Strike|date=21 February 2003|work=The New York Times|pages=A7|access-date=28 July 2009}}{{Cite news|url=https://www.bloomberg.com/apps/news?pid=10000103&sid=aKIy7kdx_CcU&refer=us|title=Red Sox Erase Curse With First World Series Title Since 1918 |last=Matuszewski|first=Erik|date=28 October 2004|work=Bloomberg L.P.|access-date=28 July 2009}}

Some drivers attempt to communicate "I will continue my current behavior!" when flashing their headlights. For example, if such a driver flashes his or her headlights while slowing down, they intend to communicate to another driver who is waiting to merge in traffic: "Go on, I will let you merge!" On the other hand, if such a driver keeps his or her current speed and flashes headlights, they intend to communicate "Stay back, I am not slowing down!"{{Citation needed|date=March 2024}}

Headlight flashing as an effective mode of driver communication has been questioned,{{Cite web|url=http://www.smartdriving.co.uk/Driving/DefensiveDriving/Flashing_Headlamps/Flashers4.html|title=A Little Understanding|last=Farlam|first=John|year=2008|work=SmartDriving|archive-url=https://web.archive.org/web/20080513210600/http://www.smartdriving.co.uk/Driving/DefensiveDriving/Flashing_Headlamps/Flashers2.html|archive-date=13 May 2008|url-status=dead}} and researchers have found the ability of drivers to communicate with one another is about the same as the communication abilities among insects.{{Cite journal|date=20 June 1992|title=Insects in the driving seat|journal=New Scientist|publisher=Reed Business Information|location=United Kingdom|issue=1826|url=https://www.newscientist.com/article/mg13418261.700-insects-in-the-driving-seat.html}}

Flashed headlamps can have ambiguous or 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, that the flashing driver intends to yield the right of way, or instead that they intend to take it. Misinterpretation of the flashing driver's intent can cause crashes.{{Cite web|url=http://www.smartdriving.co.uk/Driving/DefensiveDriving/Flashing_Headlamps/Flashers4.html|title=Doing as you're Told?|last=Farlam|first=John|year=2008|work=SmartDriving|archive-url=https://web.archive.org/web/20090504022546/http://www.smartdriving.co.uk/Driving/DefensiveDriving/Flashing_Headlamps/Flashers4.html|archive-date=4 May 2009}}

Headlight flashing to warn drivers of traffic enforcement cameras is illegal in the state of Queensland, carrying a $30 fine and one demerit point, or a $1500 fine if the fine is unsuccessfully challenged in court.{{Cite news|url=http://www.news.com.au/couriermail/story/0,20797,24550425-952,00.html?from=communities|title=Drivers illegally flash lights to warn of speed cameras|last=Dibben|first=Kay|date=26 October 2008|work=The Sunday Mail|publisher=News Corporation|access-date=28 July 2009}} Officers may either fine a driver for improper use of headlights, or may even arrest and prosecute for hindering police.

In the state of South Australia, headlight flashing by regular drivers (that is, not a police officer, etc.) for any reason is illegal, except in emergency purposes and immediately before overtaking.{{Cite web|url=http://www5.austlii.edu.au/au/legis/sa/consol_reg/arr210/s218.html|title=Australian Road Rules - Reg 218(2)|access-date=24 February 2016}}

In Victoria, Traffic Superintendent Dean McWhirter has said he is happy for motorists to flash their lights to warn other motorists they were approaching a speed camera in 2013.{{Cite web|url=http://www.heraldsun.com.au/news/law-order/new-rules-allow-speed-cameras-to-be-concealed-but-police-say-it8217s-ok-to-flash-lights-and-warn-others/story-fni0fee2-1226739895665|title=New rules allow speed cameras to be concealed, but police say it's OK to flash lights and warn others|date=15 October 2013|publisher=Herald Sun|last=Moor|first=Keith|access-date=24 February 2016}}

Headlight flashing is common in Bangladesh, where roads are sometimes narrow and lane discipline is lax. It is done by large vehicles such as buses or trucks to alert smaller, more maneuverable vehicles to their presence and to encourage them to make way, for example by moving to the side of the road.{{citation needed|date=February 2016}}

In Ontario, the Highway Traffic Act does not prohibit "flashing head beams".{{Cite news|url=http://www.canada.com/ottawacitizen/news/opinion/story.html?id=4d2e1b6e-6c74-4700-8130-4438b90a4e12|title=To flash your lights|last=Ward|first=Bruce|date=13 February 2008|work=Ottawa Citizen|publisher=Canwest|access-date=28 July 2009}} 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. The section that deals with alternating headlights in Ontario is Section 169 of the Highway Traffic Act. It is an offence to improperly use high-beams at night, which is dealt with by way of section 168 of the Highway Traffic Act.{{cite web|title=The Ontario Highway Traffic Act|url=http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm|website=E-laws - Government Website|date=24 July 2014 |access-date=28 March 2015}}

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In India, headlight flashing has different meanings to different drivers in different places and situations. Because of this, headlight flashing is discouraged to avoid confusion. The high beam is however insensitively misused as the standard for night time driving by a substantial number of vehicles, given the proportionately poorly lit roads and highways.

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.{{Cite news|url=http://www.jamaicaobserver.com/news/html/20080208T000000-0500_132321_OBS_FLASHING_HEADLIGHTS_HELPING_CRIMINALS__SAY_POLICE.asp|title=Flashing headlights helping criminals, say police|date=8 February 2008|work=The Jamaica Observer|access-date=28 July 2009 |archive-url=https://web.archive.org/web/20080211084740/http://www.jamaicaobserver.com/news/html/20080208T000000-0500_132321_OBS_FLASHING_HEADLIGHTS_HELPING_CRIMINALS__SAY_POLICE.asp |archive-date=2008-02-11}} Drivers were warned that flashing headlights may result in "unwittingly facilitating criminal activity".

Headlight flashing is understood and practiced differently in the Philippines compared to the usual global context. Drivers in the Philippines use headlight flashing to inform vehicles and pedestrians of their presence, which may mean simply yielding to others or asserting one's right of way. Thus, vehicles and pedestrians may proceed with crossing the road or are obliged to stop and give way to the other vehicle that has flashed its headlights. This has become the norm that in crossroads, that whoever flashed their headlights first, gets to safely cross first. Moreover, it has something to do with performing overtakes. A vehicle that wishes to overtake a slower moving one in front of it, may flash its headlights a few times to signify the intent to overtake.{{Cite news|url=https://business.inquirer.net/198576/8-road-etiquette-every-new-car-owner-should-know-by-heart|title=8 road etiquette every new car owner should know by heart|date=14 September 2015|work=Inquirer.net|access-date=23 July 2019}}{{Cite web |date=2020-06-24 |title=Overtaking 101: Tips on how to safely execute the maneuver on the road |url=https://wheels.ph/spotlight/2020/06/24/18221/overtaking-101-tips-on-how-to-safely-execute-the-maneuver-on-the-road/ |access-date=2023-05-23 |website=PhilStar Wheels |language=en-US}}

Though not all of its rules represent law, 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".

Headlight flashing in the United Kingdom is often used as a signal that the driver flashing you is offering to let you go first. Such use is however strongly discouraged because it can lead to accidents where the driver flashing has not seen the approach of another road user.{{cite web|title=Flashing Headlights|url=http://www.drivingtesttips.biz/flashing-headlights.html|website=Driving Test Tips|access-date=7 August 2015}} Using it to indicate that you are coming through and the other driver must wait, could lead to an accident.

Drivers should also be aware of the so-called "Flash-for-Cash" scam, in which criminals flash their lights to let other drivers out of a junction, then crash into them on purpose in order to make fraudulent insurance claims for damage and whiplash injury.{{cite news|title=Warning over 'flash-for-cash' car accident insurance scam|work=BBC News|date=15 August 2013|url=https://www.bbc.co.uk/news/business-23717575|access-date=7 August 2015}}

In the United States, although the legality of headlight flashing varies from state to state, a federal court ruled that flashing headlights was a constitutionally protected form of speech, issuing an injunction prohibiting a police department from citing or prosecuting drivers who flash their lights to warn of radar and speed traps.{{cite web | title=Elli v. City of Ellisville, 997 F. Supp. 2d 980 | website=Casetext Search + Citator | date=2014-02-03 | url=https://casetext.com/case/elli-v-city-of-ellisville | access-date=2022-10-13}}{{cite web |url=https://www.aclu-mo.org/en/node/479 |title= Ellisville Permanently Stopped from Ticketing Drivers who Flash Headlights to Communicate|author= |date= 9 April 2014|website= Aclu-mo.org|publisher=ACLU |access-date=3 February 2018 }}{{cite web |url=https://constitutioncenter.org/blog/constitutional-right-to-flash-your-head-lights-gains-momentum |title=Constitutional right to flash your head lights gains momentum |last=Bomboy |first=Scott |date=16 April 2014 |publisher=National Constitution Center |access-date=3 February 2018 |quote="The citation was clearly given to punish the Defendant for that expression", the judge said in the case. "The government certainly can and should enforce the traffic laws for the safety of all drivers on the road. However, the government cannot enforce the traffic laws, or any other laws, to punish drivers for their expressive conduct". |archive-date=4 February 2018 |archive-url=https://web.archive.org/web/20180204070324/https://constitutioncenter.org/blog/constitutional-right-to-flash-your-head-lights-gains-momentum |url-status=dead }} On 23 April 2019, another court ruled that headlight flashing may be protected by the First Amendment.{{Cite web|url=https://reason.com/2019/04/24/flashing-headlights-to-warn-of-speed-trap-may-be-protected-by-first-amendment/|title=Flashing Headlights to Warn of Speed Trap May Be Protected by First Amendment|date=2019-04-24|website=Reason.com|language=en-US|access-date=2019-05-08}} Two state circuit courts have also ruled that headlight flashing is protected activity.

Some states consider that drivers have a First Amendment right to flash their headlights. In other states, 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 momentarily).{{Cite web|url=http://www.dmv.state.pa.us/pdotforms/pa_driversmanual/chapter_3.pdf |title=Pennsylvania Driver's Manual}}{{Cite web|url=http://hawaii.gov/dot/highways/hwy-v/HIDrvManV2DriversManual.pdf |title=Hawaii Driver's Manual |access-date=26 November 2009}}

In Alaska, a State Trooper has been found to have probable cause to stop a driver who flashes both a vehicle's high beams and his "moose lights" based upon a violation of 13 AAC 04.020(e)(1).{{Cite web|url=http://www.courts.alaska.gov/ops/am-5551.pdf|title=State v. Kunz, A-10273 (Alaska Ct. App. 2009)|access-date=23 January 2010|archive-url=https://web.archive.org/web/20100110105411/http://www.courts.alaska.gov/ops/am-5551.pdf|archive-date=10 January 2010|url-status=dead}}

In Arizona, flashing high beams or headlights is a violation of A.R.S. Section 28-942.1 (Failure to Dim Headlights). However, A.R.S. Section 28-942.2. states: If the driver of a vehicle follows another vehicle within 200 feet to the rear, except when engaged in the act of overtaking and passing, the driver shall use a distribution of light permissible under this article other than the uppermost distribution of light specified in section 28-941, paragraph 1.{{Cite web|url=http://www.superiorcourt.maricopa.gov/SuperiorCourt/LowerCourtAndAdminAppeals/docs/constIssues/4/investDet/LC2002-000241-512-11192002.pdf|title=State v. Miceli, LC 2002-000241 (Superior Court of Arizona Maricopa County November 19, 2002)|access-date=27 November 2009|archive-url=https://web.archive.org/web/20100528153221/http://www.superiorcourt.maricopa.gov/SuperiorCourt/LowerCourtAndAdminAppeals/docs/constIssues/4/investDet/LC2002-000241-512-11192002.pdf|archive-date=28 May 2010|url-status=dead}}

In California, 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 highways is illegal.{{Cite news|url=http://www.accessmylibrary.com/coms2/summary_0286-12612901_ITM|title=Flashing lights at another car often illegal, highly discouraged|last=Richards|first=Gary|date=7 February 2006|work=San Jose Mercury News|publisher=AccessMyLibrary|access-date=28 July 2009}}

Article [21753]

Except when passing on the right is permitted, the driver of an overtaken vehicle shall safely move to the right-hand side of the highway in favor of the overtaking vehicle after an audible signal or a momentary flash of headlights by the overtaking vehicle, and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle. This section does not require the driver of an overtaken vehicle to drive on the shoulder of the highway in order to allow the overtaking vehicle to pass.

(Amended by Stats. 1999, Ch. 724, Sec. 40. Effective January 1, 2000.)

In Florida, headlight flashing is protected free speech pursuant to the First Amendment.{{Cite news|url=https://www.orlandosentinel.com/2012/05/22/sanford-judge-rules-in-favor-of-motorist-who-flashed-his-headlights/|title=Sanford judge rules in favor of motorist who flashed his headlights|last=Stutzman|first=Rene|date=22 May 2012|work=Orlando Sentinel|access-date=24 May 2012|archive-date=24 May 2012|archive-url=https://web.archive.org/web/20120524180905/http://articles.orlandosentinel.com/2012-05-22/news/os-flashing-headlights-ruling-20120522_1_ryan-kintner-free-speech-headlights|url-status=live}}

Additionally, on 1 January 2013, §316.2397(7), Fla. Stat. was amended to legalize headlight flashing.{{Cite web|url=http://www.flsenate.gov/Session/Bill/2012/1223/BillText/er/PDF|title=H.B. 1223, lines 681-683, 2012 Leg., (Fla. 2012)|access-date=27 April 2012}}{{Cite web|url=http://www.flgov.com/wp-content/uploads/2012/04/4.27.12-House-Transmittal-Letter-2.pdf|title=April 27, 2012, Transmittal from Governor Rick Scott|access-date=29 April 2012}} 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.{{Cite web|url=https://www.orlandosentinel.com/2011/11/08/sanford-judge-florida-law-does-not-prohibit-a-driver-from-flashing-headlights/|title=Sanford judge: Florida law does not prohibit a driver from flashing headlights.

|last=Stutzman|first=Rene|date=8 November 2011|work=Orlando Sentinel|access-date=10 November 2011}}{{Cite web|url=http://www.jacksonvillecriminaldefenselawyerblog.com/State%20v.%20Cason.pdf|title=Florida vs. Alexis Nicole Cason, 4549-DAK, 12 Fla. L. Weekly Supp. 805a (April 11, 2005)|access-date=10 November 2011}}

In Illinois, a "flashing to warn" citation was successfully defended on 7 May 2015 in Boone County, via People vs. White, as the bench trial judge found the use of Illinois Vehicle Code 12-212(b) addresses lighting equipment, but not motorist behavior relative to usage of lighting systems.{{citation needed|date=May 2015}}

In Louisiana, drivers who flash headlights are typically cited for a violation of Louisiana Revised Statute Title 32:327, Section C which states: Flashing lights are prohibited except on authorized emergency vehicles, school buses, or on any vehicle as a means of indicating a right or left turn, or the presence of a vehicular traffic hazard requiring unusual care in approaching, overtaking or passing.{{Cite web|url=http://www.legis.la.gov/legis/Law.aspx?d=88269|title = Louisiana Laws - Louisiana State Legislature}}

In Maryland, police officers sometimes 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".{{Cite news|url=https://www.washingtonpost.com/wp-dyn/content/article/2009/06/16/AR2009061603186.html|title=Drivers Warning About Police at Issue in Montgomery Case|last=Rojas|first=Rick|date=17 June 2009|newspaper=The Washington Post|access-date=23 July 2009}} The American Civil Liberties Union of Maryland challenges the current interpretation of the law, contending the law refers to an adjective and not a verb; that automatic flashing lights on non-emergency vehicles are illegal, but the act by a driver of manually flashing a vehicle's headlamps is not. Though ticketing was common in the 1990s, Maryland and Washington DC police say that flashing one's headlights was not against the law in either place.{{Cite news|url=http://www.highbeam.com/doc/1P2-826437.html|archive-url=https://web.archive.org/web/20121026080104/http://www.highbeam.com/doc/1P2-826437.html|url-status=dead|archive-date=26 October 2012|title=When Flashing Is Legal|last=Shaffer|first=Ron|date=23 March 1995|newspaper=The Washington Post|publisher=HighBeam Research|access-date=28 July 2009}}

The practice of headlight flashing is technically not forbidden in Massachusetts. A suspicious police officer can ask a motorist if they were flashing their lights to warn oncoming motorists of police presence. If the motorist denies this, the officer can ask if the vehicle has defective lights, which is a violation of Massachusetts General Laws Chapter 90, Section 7.{{Cite news|url=http://www.boston.com/news/local/articles/2007/08/26/high_beams_brought_to_light/|title=High beams, brought to light|last=DeMarco|first=Peter|date=26 August 2007|work=The Boston Globe|access-date=24 November 2009}}

In Michigan, it is illegal to flash high beams within 500 feet of oncoming traffic.{{cite web |url=http://www.lansingstatejournal.com/story/opinion/columnists/judy-putnam/2015/10/16/putnam-flashing-your-brights-can-lead-traffic-stop/73996998/ |title=Putnam: OK to flash your brights in traffic? It depends |last=Putnam |first=Judy|date=16 October 2015 |website=Lansing State Journal |access-date=30 April 2016}}

In Minnesota, drivers are not prohibited from briefly flashing their high beams in a manner that does not blind or impair approaching drivers.{{Cite web|url=https://law.justia.com/cases/minnesota/court-of-appeals/2012/a12-110.html|title=Sarber v. Comm'r of Public Safety, A12-0100 (Minn. Ct. App. August 27, 2012)|access-date=22 October 2012}}

A trial judge in St. Louis held that drivers have a First Amendment right to flash their headlights.{{cite news|title=Judge: Drivers Allowed to Warn Fellow Motorists of Speed Traps|url=https://blogs.wsj.com/law/2014/02/04/judge-drivers-allowed-to-warn-fellow-motorists-of-speed-traps/|access-date=2014-02-08|newspaper=The Wall Street Journal|date=2014-02-04}}{{Cite web|url=http://www.aclu-mo.org/files/4913/9144/8084/Order_Granting_Preliminary_Injuction.pdf|title=Elli v. City of Ellisville, 4:13CV711 HEA (ED Mo. February 3, 2014).|access-date=14 February 2014|archive-date=13 February 2014|archive-url=https://web.archive.org/web/20140213190917/http://www.aclu-mo.org/files/4913/9144/8084/Order_Granting_Preliminary_Injuction.pdf|url-status=dead}}

In New Jersey, drivers are allowed to flash their headlights to warn approaching drivers about a speed trap ahead.{{Cite news|url=https://www.nytimes.com/1999/08/01/nyregion/drivers-allowed-to-flash-speed-trap-alerts.html|title=Drivers Allowed to Flash Speed-Trap Alerts|date=1 August 1999|work=The New York Times|access-date=22 November 2009}} 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.{{cite web |url= https://www.nytimes.com/1999/08/01/nyregion/drivers-allowed-to-flash-speed-trap-alerts.html|title=Drivers Allowed to Flash Speed-Trap Alerts |author= |date= 1 August 1999 |website= The New York Times|access-date= 3 February 2018}}State v. Luptak, A-6074-97T1 (Superior Court of New Jersey Appellate Division 29 July 1999).

In New York, 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".{{Cite web|url=http://law.onecle.com/new-york/vehicle-and-traffic/VAT0375_375.html|title=New York Vehicle and Traffic Law Section 375|access-date=23 November 2009|archive-url=https://web.archive.org/web/20080220191724/http://law.onecle.com/new-york/vehicle-and-traffic/VAT0375_375.html|archive-date=20 February 2008}} In 1994, New York Supreme Court, Appellate Division 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].{{Cite web|url=http://ny.findacase.com/research/wfrmDocViewer.aspx/xq/fac.%5CNY%5CPLS%5C1994%5C19940707_0049795.NY.htm/qx|archive-url=https://archive.today/20120712133808/http://ny.findacase.com/research/wfrmDocViewer.aspx/xq/fac.%5CNY%5CPLS%5C1994%5C19940707_0049795.NY.htm/qx|url-status=dead|archive-date=12 July 2012|title=People v. Lauber, 162 Misc.2d 19, 617 N.Y.S.2d 419 (2d. Dept. 1994)|access-date=23 November 2009}} In 2009, the New York Supreme Court Appellate Division (Fourth Department) 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 gathered as a result of the illegal stop should be suppressed.{{Cite web|url=http://www.courts.state.ny.us/reporter/3dseries/2009/2009_08412.htm|title=People v Rose (__AD3d __, 2009 NY Slip Op 08412 (4th Dept November 13, 2009)|access-date=24 November 2009}}

Under section 39-21-21 of the North Dakota Century Code, it is illegal for a vehicle to flash its high-beam lights for any length of time when an oncoming vehicle within 500 feet, or for any purpose at night.{{Cite web|url=http://www.ndcourts.com/_court/opinions/20060246.htm|archive-url=https://archive.today/20120912023651/http://www.ndcourts.com/_court/opinions/20060246.htm|url-status=dead|archive-date=12 September 2012|title=State v. Westmiller, 730 N.W.2d 134 (N.D. 2007)|access-date=24 November 2009}}

In Ohio, 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.Akron v. Matteson, 63 O.O.2d 146, 299 N.E.2d 315 (M.C. 1972){{Cite web|url=https://scholar.google.com/scholar_case?case=469408788857827534&q=%2250+Ohio+App.+2d+21%22&hl=en&as_sdt=2002|title=Warrensville Hts. v. Wason, 50 Ohio App.2d 21, 4 O.O.3d 12, 361 N.E.2d 546 (1976)|access-date=1 December 2009}} 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.{{Cite web|url=https://scholar.google.com/scholar_case?case=5094082668707477651&q=%2296+Ohio+App.3d+99%22&hl=en&as_sdt=2002|title=Vill. of Kirtland Hills v. Garcia, 96 Ohio App.3d 99, 644 N.E.2d 691 (1994)|access-date=1 December 2009}} In a different case, a court held that a momentary flick of the high beams is not a violation of Ohio R.C. 4513.15{{Cite web|url=http://codes.ohio.gov/orc/4513.15|title=Ohio Revised Code 4513.15|access-date=25 November 2009}} (which prohibits drivers from aiming glaring rays into the eyes of oncoming drivers).{{Cite web|url=https://scholar.google.com/scholar_case?case=9100092422149464662&q=%2286+Ohio+App.+3d+423%22&hl=en&as_sdt=2002|title=State v. Woods, 86 Ohio App. 3d 423, 621 N.E.2d 523 (1993)|access-date=1 December 2009}}

The court of Jackson County has ruled that flashing a vehicle's headlights to warn others about the presence of law enforcement is protected free speech under Article I, section 8, of the Constitution of Oregon.{{Cite web|url=http://media.oregonlive.com/commuting/other/HEADLIGHTCASE.pdf|title=State v. Hill, Citation No. 034117 (Jackson County, Oregon April 9, 2014)|access-date=5 November 2014}}

The Supreme Court of Pennsylvania has ruled that flashing one's highbeams during the day to warn of speed traps is legal.{{Cite news|url=http://nl.newsbank.com/nl-search/we/Archives?p_product=PI&s_site=philly&p_multi=PI&p_theme=realcities&p_action=search&p_maxdocs=200&p_topdoc=1&p_text_direct-0=0EB5CE0BA75E8AFB&p_field_direct-0=document_id&p_perpage=10&p_sort=YMD_date:D&s_trackval=GooglePM|title=High-Beam Conviction Overturned \ Pa. Supreme Court: Man Broke No Law By Flashing Headlights To Warn Cars of Speed Trap|date=23 April 1999|work=The Philadelphia Inquirer|access-date=28 July 2009}}{{Cite web|url=https://scholar.google.com/scholar_case?case=2693390682482936509&q|title=Commonwealth v. Beachey, 556 Pa. 345, 348, 728 A.2d 912, 913 (1999)|access-date=16 December 2009}}

In Tennessee, flashing headlights to warn oncoming traffic of a police car ahead is protected free speech under the First Amendment to the United States Constitution.{{Cite news|url=https://pqasb.pqarchiver.com/tennessean/access/1821248741.html?dids=1821248741:1821248741&FMT=ABS&FMTS=ABS:FT&type=current&date=Nov+4%2C+2003&author=MITCHELL+KLINE&pub=The+Tennessean&edition=&startpage=W.1&desc=Flashing+headlights+is+free+speech%2C+judge+says|title=Flashing headlights is free speech, judge says|last=Kline|first=Mitchell|date=4 November 2003|work=The Tennessean|access-date=22 November 2009|archive-date=23 October 2012|archive-url=https://web.archive.org/web/20121023192530/http://pqasb.pqarchiver.com/tennessean/access/1821248741.html?dids=1821248741:1821248741&FMT=ABS&FMTS=ABS:FT&type=current&date=Nov+4,+2003&author=MITCHELL+KLINE&pub=The+Tennessean&edition=&startpage=W.1&desc=Flashing+headlights+is+free+speech,+judge+says|url-status=dead}}State v. Walker, No. I-9507-

03625 (Williamson Cty. (Tenn.) Cir. Ct. 13 November 2003)

Headlight flashing to warn of police activity is not against the law in Virginia; however radar detectors remain outlawed.{{Cite news|url=http://www2.staffordcountysun.com/news/2009/jul/21/blankenship_ok_to_warn_of_speed_traps_ahead-ar-292281/ |title=OK to warn of speed traps ahead? |last=Blankenship |first=Ben |date=21 July 2009 |work=Stafford County Sun |publisher=Media General |access-date=26 July 2009 |url-status=unfit |archive-url=https://web.archive.org/web/20120730121306/http://www2.staffordcountysun.com/news/2009/jul/21/blankenship_ok_to_warn_of_speed_traps_ahead-ar-292281/ |archive-date=30 July 2012 }} Virginia motor vehicle code specifies an "audible or light signal" to indicate overtaken vehicles should yield in certain situations.{{cite web|title=Code of Virginia|url=https://law.lis.virginia.gov/vacode/46.2-842.1/|access-date=24 February 2016|url-status=dead|archive-url=https://web.archive.org/web/20130622022101/https://law.lis.virginia.gov/vacode/46.2-842.1/|archive-date=22 June 2013}}

Section 46.37.230 of the Revised Code of Washington (RCW) states that drivers may not use their high beams within {{convert|500|ft|m}} of oncoming traffic, or within {{convert|300|ft|m}} of traffic in front of them, meaning that flashing high beams could be considered illegal. However, at least in the case of oncoming traffic, other courts interpreting a statute similar to this one have held that momentary headlight flashing which does not adversely affect the vision of the oncoming driver is not prohibited. Under Washington's law, violating RCW 46.37.230 may result in a $124 traffic infraction.[http://apps.leg.wa.gov/rcw/default.aspx?cite=46.37.230]{{Cite news|url=http://blog.seattlepi.com/seattle911/archives/152560.asp|title=Dim it! Is flashing high beams at cars illegal?|last=Castro|first=Hector|date=28 October 2008|work=Seattle Post-Intelligencer|publisher=Hearst Corporation|access-date=29 July 2009}}

In Wisconsin, the law allows a vehicle operator to intermittently flash a vehicle's highbeam headlamps at an oncoming vehicle whose highbeam headlamps are lit.{{Cite web|url=http://www.legis.state.wi.us/statutes/Stat0347.pdf|title=Wisconsin statute 347.12(1)(a)|access-date=24 November 2009}}{{Cite web|url=http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=3547|title=Waukesha County v. Meinhardt, 630 N.W.2d. 277 (Wi. App. 2001)|access-date=24 November 2009}}

Beginning in the early 1980s, a widespread rumor regarding flashing headlights was spread mainly through fax, and later on the Internet. The rumor stated that various gangs across the United States carry out an initiation 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.{{Cite web|url=http://www.snopes.com/crime/gangs/lightsout.asp|title=Lights Out!|last=Mikkelson|first=Barbara|date=8 December 2008|work=Snopes|access-date=24 July 2009}} The story was widely spread by many government organizations, including the New Mexico State Police.{{Cite news |date=8 November 1998 |title=Flashing headlights at unlit cars could get gunfire for an answer |url=https://news.google.com/newspapers?id=abQKAAAAIBAJ&sjid=ck0DAAAAIBAJ&pg=6833,1021371&dq=flashing+headlights |access-date=28 July 2009 |work=The Daily Courier |pages=10C |via=Google News |agency=Associated Press}} This rumor has been proven an urban legend.{{Cite news|url=http://articles.herald-mail.com/2006-05-12/news/25040705_1_e-mail-claims-e-mail-warning-gang-initiations|title=E-mail warning of danger from gang initiations said to be hoax|last=Ballard|first=Pepper|date=12 May 2006|work=The Herald-Mail|access-date=29 September 2013|archive-date=24 December 2013|archive-url=https://web.archive.org/web/20131224083133/http://articles.herald-mail.com/2006-05-12/news/25040705_1_e-mail-claims-e-mail-warning-gang-initiations|url-status=dead}}{{Cite news|date=2020-07-09|title=Fact check: Flashing your headlights is not a trigger for a deadly gang initiation rite|language=en|work=Reuters|url=https://www.reuters.com/article/uk-factcheck-flashing-headlights-gang-in-idUSKBN24A2GW|access-date=2022-01-26}}

The story originated in Montana in the early 1980s, where it was rumored that the Hells Angels bike gang was initiating recruits in this way. By 1984, the story had spread to Eugene, Oregon, 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 and email forwarding. Warning of a "blood initiation weekend" on 25 and 26 September, the rumor this time led some police departments to issue warnings after having received the fake ones. In February 1994, a resident of Massillon, Ohio, revived the rumor by issuing flyers which claimed that killings would take place at Westfield Belden Village. After a night of sending faxes to local businesses, the person was arrested for inciting panic.

The rumor once again spread in October 1998 with a new fax, this time claiming to originate with a Drug Abuse Resistance Education (DARE) 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, 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, and served as a plot device in Mark Billingham's 2008 novel In the Dark.{{cite web |title=In the Dark |url=http://www.markbillingham.com/dark.html |url-status=live |archive-url=https://web.archive.org/web/20220814104450/https://uk.markbillingham.com/in-the-dark/ |archive-date=14 August 2022 |access-date=25 April 2024 |website=uk.markbillingham.com}} An incident inspired by this legend is the catalyst for the 2007 film Death Sentence.

• Motorcycle headlamp modulator
• Wig-wag, automatic headlight flashing device

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Category:Automotive lamps

Category:American urban legends

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