NSW In Possession of Blue and Red Dash Lights - Criminal Law Penalty?

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Raytay

Member
13 May 2015
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What is the charge, if any, for being caught possessing blue and red dash lights? What criminal law penalty does it carry?
 

Sarah J

Well-Known Member
16 July 2014
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2,389
Melbourne, Victoria
Hi Raytay,

All vehicles must comply with vehicle standards under the Road Transport (Vehicle Registration) Regulations 2007 (NSW). There are VERY detailed standards as to how vehicles are to look like and what they need to have. For headlights, requirements include: number of headlights, where they must be positioned, colour, nature, brightness etc. The standards are contained in Schedule 2 to the regulations.

Non-compliance with the standards exposes the driver to penalties under section 52.

To be clear, only specified vehicles (emergency vehicles) may have red and blue lights (one or both, flashing or not). See: Vehicle standards information from the Roads and Maritime Services NSW.
 

Tim W

Lawyer
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28 April 2014
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Sydney
I agree with @Sarah J.
I would add that, depending on how you used them, in addition to any traffic law penalties,
you could be looking at an offence under section 63B of the State Emergency and Rescue Management Act 1989 (NSW), or section 546D of the Crimes Act 1900 (NSW).

Driving under what emergency services call "urgent duty conditions" could amount to an offence under either of these provisions.
 
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Raytay

Member
13 May 2015
2
0
1
Hi Raytay,

All vehicles must comply with vehicle standards under the Road Transport (Vehicle Registration) Regulations 2007 (NSW). There are VERY detailed standards as to how vehicles are to look like and what they need to have. For headlights, requirements include: number of headlights, where they must be positioned, colour, nature, brightness etc. The standards are contained in Schedule 2 to the regulations.

Non-compliance with the standards exposes the driver to penalties under section 52.

To be clear, only specified vehicles (emergency vehicles) may have red and blue lights (one or both, flashing or not). See: Vehicle standards information from the Roads and Maritime Services NSW.

Thanks Sarah J and Tim W. I was not at anytime using them to pull people over, the police officer says he seen them on.

He said im lucky I was not using police powers can they get me for impersonating a police officer?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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He's right.
Using those lights (indeed, just having them fitted), could (depending on the facts and circumstances) attract prosecution under S546D for that offence.
 
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Sarah J

Well-Known Member
16 July 2014
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251
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Melbourne, Victoria
Hi Raytay,

Tim and the police office are both correct, it is (surprisingly) an offence to have red and/or blue lights, I have known people in Victoria being pulled over and penalised for having red headlights, and others with red dash lights. Best to take them out of your car.
 
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ClareB

Well-Known Member
4 February 2015
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8
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I agree with both Tim and Sarah. You should remove the lights as soon as possible to avoid being penalised.
 
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