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

Discussion in 'Criminal Law Forum' started by Raytay, 13 May 2015.

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  1. Raytay

    Raytay Member

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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?
     
  2. Sarah J

    Sarah J Well-Known Member

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    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.
     
  3. Tim W

    Tim W Lawyer

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    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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  4. Raytay

    Raytay Member

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    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?
     
  5. Tim W

    Tim W Lawyer

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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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  6. Sarah J

    Sarah J Well-Known Member

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    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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  7. ClareB

    ClareB Well-Known Member

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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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