Driving With Fog Lights On

[Dusty Bin]

This extract from the Highway Code makes it quite clear of the dos and don'ts, but what is the penalty for breaching this regulation?

"236
You MUST NOT use front or rear fog lights unless visibility is seriously reduced (see Rule 226) as they dazzle other road users and can obscure your brake lights. You MUST switch them off when visibility improves."

[ChuckFickens]

Is this going to be a weekly post with an extract from the highway code?

[Dusty Bin]

Sorry, but no.

It just puzzles me how so many people drive with their fog lights on even on clear nights when there's no need at all for switching them on.

[icemaiden]

I agree Dusty Bin. I see so many drivers with thier fog lights on. Usually young lads who think they look cool!
Idiots.

[chas2008]

i always found the opposite, extremely poor conditions limited visibility & no one bothers with them...

[woofgang]

me too chas. Where I live the mornings are often very foggy indeed and no street lights...You'd think there was an extra charge for using them.

[McMouse]

Once got stopped on M6 by police who stated my rear intense lights were unjustified in the conditions and although they weren't going to give me a ticket I should be aware I could have got an endorsement. I didn't argue but in my opinion with the rain and the stray being thrown up I appreciated those drivers ahead of me who had their rear intense lights on. I really do hate these subjective opinions.

[jg96]

I think rear fog lights are a nuisance.When seen from a distance on a busy motorway you can't tell whether they are rear fogs or everyones hitting the brakes.

[DTCwordfan]

Note to self.

When next in jg96's neck of the woods, do not put my fog lights on and remove all rear light bulbs......

[bednobs]

there aren't penaties for breaking the highway code per se

[ABerrant]

"there aren't penaties for breaking the highway code per se"

Indeed, but where the words MUST and MUST NOT are used there will also be reference to a specific law or regulation which makes it an offence to do otherwise.

In the case of improper use of fog lights reference is made to sections 25 and 27 of The Road Vehicles Lighting Regulations 1989...

http://www.legislatio...89/1796/contents/made

[dotty.]

One sunday i was driving up to asdas and had accidentally knocked the rear fog light on and a cop car stopped me and told me, he then breathalized me! I hadn't had a drink but it was quite unnnerving,

[Buenchico]

The Highway Code isn't, in itself, law. However the policy of the Crown Prosecution Service is to take into account any breaches of the Code when deciding what charge, if any, to bring:
http://www.cps.gov.uk...n/pbd_policy.html#_32

While ABerrant correctly points to the Road Vehicles Lighting Regulations 1989, it's probably more likely that any prosecution would be under Section 3 of the Road Traffic Act 1988, which deals with 'driving without due consideration':
http://www.cps.gov.uk...s_of_bad_driving/#a16

Unless there were special circumstances, a court would be obliged to impose a penalty of between 3 and 9 points. (In practice that would almost certainly be just 3 points. There's actually the theoretical possibility of an immediate ban, possibly with the requirement to re-take a driving test, but the likelihood of such a penalty is effectively nil). The court can also impose a fine of up to £5000 (but the actual fine would normally be much lower, based upon the offender's income). There would also be a £15 'victim surcharge', plus court costs.

In practice, anyone stopped for driving with their fog lights on (when not required), would almost certainly be let off with a warning.

Chris

[Dusty Bin]

Thank you everybody, although I do tend to agree with icemaiden!

I appreciate the detail and links some of you have provided. Interesting reading. Cheers!