Aussie drivers warned of fines of more than $300 over new trend
While it might spread some Christmas cheer, a lawyer has warned motorists the trend could see them face more than just a fine.
A lawyer has issued a warning to revellers hoping to try out a new trend sweeping social media.
Drivers have been getting the holiday spirit by decorating their cars with Christmas lights.
Videos on social media show cars decorated in fairy lights, tinsel and other festive decorations.
But Avinash Singh, the Principal lawyer at Sydney-based Criminal Lawyer firm Astor Legal, has warned it’s not just a fine drivers face.
“There are no decorative lights that are legal. Even the lights that can be added to your vehicle must be in accordance with the standards each state’s road authority prescribes.
“If the lights are affixed to the rear of your vehicle and they are red, then there is also a risk they could confuse drivers about when you are braking.
“If the lights you add to your vehicle are red and blue, then there is also a risk people could see you as a police vehicle. This would be an offence under Section 546D of the Crimes Act 1900, which carries a maximum jail term of two years.”
The lights are in violation of lighting regulations, with only police vehicles allowed to sport red and blue lights, while red and green lights could be confused for an ambulance.
In New South Wales, it is an offence for car owners to use “any light fitted to or in the driver’s vehicle to dazzle or in a way that is likely to dazzle, another road user”.
Doing so can earn you up to 20 penalty points carrying a maximum $2305 fine.
In Queensland, fitting Christmas lights to a vehicle can render a car non-compliant with the state’s modification laws, which state drivers cannot fit a light or reflector on the vehicle unless it complies with state road rules and/or the Australian Design Rules.
Those found flouting the rules in Queensland also face a maximum of 20 points, costing up to $3226 in fines.
South Australian drivers face a $393 fine and one demerit poin if they “use lights to dazzle other road users”.
In Western Australia, drivers can fit out their vehicle with four driving additiona; lights, if the lights are white in colour, front-facing and do “not obstruct or interfere with the light emitted by any of the headlights, indicators or parking lights fitted to the vehicle”.
Drivers in WA face a maximum penalty of $100 for breaching this road rule.
One driver, posting videos of his decked-out ute to TikTok, said it cost him $150 to set up the lights on his car.
“Imagine how many kids will be smiling at woollies and kmart, that’s so cool,” one person commented.
“Looks sick mate,” another wrote.
However, one was quick to jump in to question the legality of the practice, with another chiming in “definitely not but still cool”.
A Transport for NSW spokesperson said while there was no specific rule about decorating vehicles with lights in NSW, other road rules could “come into play” if “decorations are found to be distracting”.
“However, while many people enjoy spreading holiday cheer, it’s important to ensure that the decorations do not compromise safety or cause distractions for other road users,” the spokesperson said.
“For example, NSW road rule 297 requires drivers to maintain proper control of their vehicle and have a clear view of the road and surrounding traffic.
“In some cases, additional exterior or interior lights could be deemed to affect a driver’s ability to control their vehicle safely. This could happen if the lights distract the driver or obscure their view of the road.
“If a driver is found to be in breach of this rule, a fine of $544 and three demerit points may apply for failing to maintain proper control of the vehicle.”
A $136 fine and one demerit point could apply if lights dazzle or are likely to dazzle other road users.