[NSW] Can I Get A Penalty Notice for High Beam Light Reviewed?

ahhh

I was stopped by the cops for using high beam light at night..
Well I did have the light on when the cops happened to be around..
but that was a dark rd and I was turning so kind of wanted a good view at night..
and so I got my letter..
I know I did do sth wrong in front of the cops and I don't have high expectation on being able to waive it off…but I'm planning to request a review anyway

Just wondering does anyone ever get caught for this before? and any successful/unsuccessful stories re reviewing penalty notice?

Comments

  • +21 votes

    On what basis are you requesting a review?

  • +70 votes

    was a dark rd and I was turning so kind of wanted a good view at night..

    So your vision is more important than blinding an oncoming car, with the potential for them to be completely unsighted. It's not like cars come with head lights for seeing at night.

    If you were inconsiderate to other road users, then you should be fined for inappropriate use of high beam.

    • +18 votes

      What a trash thing to say. Surely if we're being trusted to drive 2000kg killing machines all by ourselves, we can also be trusted to know that using high-beams is OK if there are no other cars in your direct line of sight.

      I've always driven low cars so high-beams on a dark night are essential. As soon as I see another cars lights approaching from the distance or around a corner, I switch them off. I'm sick of being told that after 12 years of driving without an accident, I'm now a reckless driver because someone at the NSW gov needed to justify their job by introducing new bogus laws.

      Also, if this dangerous blinding theory held up, we would ban trucks and SUVs too. Even without their high-beams on, their regular lights shine directly in your eyes when you pass them, unless you're in a truck or SUV as well. I can't remember the last time I passed a high vehicle and didn't get blinded by their regular lights.

      •  
        Bring back yellow halogens

        *Or even better - warm-toned LED headlights as standard**

      •  

        What a trash thing to say.
        We can also be trusted to know that using high-beams is OK if there are no other cars in your direct line of sight.

        Old mate, I think you agree with xeion.

        Unless you are using a light bar, high beams are usually not noticeably different to low beams unless you are in direct line of sight.

        I've always driven low cars
        Also, if this dangerous blinding theory held up, we would ban trucks and SUVs too. Even without their high-beams on, their regular lights shine directly in your eyes when you pass them

        Try using the rear view mirror dimmer. I know I shouldn't advocate this on a public forum, but driving 10+kmph faster than the car you overtake makes this a short issue. And if your not driving 10+kmph faster, why bother overtaking?

  • +34 votes

    If there was oncoming traffic, your desire for a good view is trumped by their desire not to be blinded.
    If there was no oncoming traffic, what was the fine for?

    • +13 votes

      Literally impossible to fight - if the cops noticed it, it would be because the cops themselves were in the way of the beam. If OP wasn't blinding anyone, no one would've noticed to give them a ticket.

      • +9 votes

        if the cops noticed it, it would be because the cops themselves were in the way of the beam.

        You don't need to be in the way of headlights to see them.

      •  

        You seem to know everything.
        One question though, was the cop hiding behind the bush or actually on the road?

      • +1 vote

        If the cop car was parked, engine off, lights off, then would it still be an offence?

        OP only specifies "they were around", oddly, instead of "I drove past them".

  • +8 votes

    Turning, or reaching a crest, you should turn your high beams down, beforehand. Just one of many tips to learn that can avoid serious impact, or fines for bad behaviour.

    And is in the handbook too. I don't see how you could be successful at getting it reviewed.

    The problem of people blinding other is getting worse with modern high energy (projection) lighting systems, let alone un-baffled ones. They're bad enough to cause disorientation in some drivers, as well as dazzling.

    The ADRs have been loosening for years on lights and other stuff, accommodating manufacturers wanting to sell bigger and brighter products. Now so slack that all kinds of weird things are happening, (Late Honda Civics have a solid orange marker light on the front-side corner (USA style), when other cars are only allowed to have orange lights that flash on the side (there are some others around too IIRC, but none that can actually confuse other drivers into thinking it may be indicating until they wait long enough to see it is on solidly, like the Honda)

    •  

      I never turn my high beams on unless I'm driving on a country road at night. Their only purpose is to spot a kangaroo or emu coming out of the bushes at night when you're driving at 100km/h. Otherwise your normal lights are good enough, never had an issue driving in the city without high beams.

      Sorry but you deserve it, the amount of times I've been hit by them and been blinded, it's simply ridiculous. I've gotten into a few friend's cars and had to teach them that their high beams were on. They were like oh….I didn't know that, how do you tell? It there a fine? Unfortunate for you, yeah there is, now you've found out the hard way.

  •  

    What are you basing your review off?

    It's actually illegal to have your high beam in the near vicinity of other vehicles, I think it was 500m of vehicles travelling in the opposite direction.

    No chance that you will get off, pay the fine and move on. If your current lights are substandard, improve them.

  • +13 votes

    Well I did have the light on when the cops happened to be around..but that was a dark rd and I was turning so kind of wanted a good view at night..

    Your selfish needs don't override the law. You blinded other people around including the police. There is a reason we have rules around high beam usage.

    I know I did do sth wrong in front of the cops and I don't have high expectation on being able to waive it off…but I'm planning to request a review anyway

    hahaha yeah no, pay the fine, you did the crime.

  • +1 vote

    [NSW] Can I Get A Penalty Notice for High Beam Light Reviewed?

    Of course, that's what the review process is for!

  • +1 vote

    Yes you can waste more civil servants time and tax payer money if you choose. Or you can pay the fine, which you will anyway, and stop being stupid.

    • -3 votes

      By that logic might as well take all the review processes away from system.

      • +1 vote

        I think what Bid Sniper is saying is that the review process is probably for when there is some error or extenuating circumstance to consider; not just cos you don’t feel like paying and want the penalty withdrawn

  •  

    Just wondering does anyone ever get caught for this before? and any successful/unsuccessful stories re reviewing penalty notice?

    I'd start by looking up the Australia Road Rules (and the road rules for your state) to see what circumstances your allowed to use high beams.

  • +10 votes

    Semi related, why do people drive around with their fog lights on when there is no fog?

    • -9 votes

      You probably mean DRL's, you don't get to choose to turn them off or on. I never understood fog lights anyway, if there's fog you turn on your actual lights (or the sensor will turn them on for you), which can actually be seen by other drivers.

      • +10 votes

        No, I don't mean DRLs.

      • +6 votes

        Fog lights are usually lower than headlights to cut under the fog* where headlights bounce straight back at you*

        • fog conditions vary the results.
        • +2 votes

          Yes. Used them all the time in France. They are angled down and towards the side of the road, so you can get your bearings. Normal lights just create a white wall.

    • +5 votes

      They think it looks cool.

    • +1 vote

      Because they don't know it's illegal and would prefer to blind oncoming drivers.

      http://www5.austlii.edu.au/au/legis/nsw/consol_reg/rr2014104...

      • +2 votes

        would prefer to blind oncoming drivers.

        Fog lights shouldn't though cos of where they're directed.

    •  

      I know cops stop some people and talk to them about having fog lights on. But then most of them dont actually know that their fog lights are on, especially with the new knob style lights on the dash, where you can pull it to turn on fog lights. Ignorance is bliss, until you see red and blue.

      • +5 votes

        especially with the new knob style lights on the dash

        I think the knob between the chair and the steering wheel is more often the problem.

      •  

        Lucky the ADRs require a standardised warning light on the dash when they're on then!

  • +1 vote

    The only, absolutely slimmest chance you would have is if you're driving an old pre-LED headlight car, and it was on a road with no street lights. Maybe then, and it probably won't help anyway as the law is pretty clear about this, you could argue it felt necessary. I know for my older car, modern cars driving behind me with just their normal lights on light up the road ahead of me more than my own lights do lol. So if you're in a modern vehicle, don't even bother.

  •  

    Did your high beams affect the police in any way? Were they in front of you to be blinded or dazzled either through their windshield or rear vision mirrors? Were they mobile or parked? OP has not mentioned this detail.

  • +2 votes

    How much is the fine for OP?

  •  

    What your opinion of the road rule is doesn't come into it. You broke the rules, admitted to doing the wrong thing and you're still going to try and get out of it? Grow up and take some goddamn responsibility, pay the fine and move on.

  •  

    You screwed up, but if you have been driving a while, and aren't on your Ps, you might be able to get it downgraded to a warning if you send a letter highlighting your good driving history.

    If you're under 25, have had speeding tickets, or aren't very good at writing a formal letter, you've got no chance though.

  • +2 votes

    I have had to do that as well and that is the function of the high beam, providing there are on oncoming vehicles, etc.
    Cops know these dark crevices and often hide to prance out and entrap you.
    I have had to chat with a couple of cops regarding their unsafe ways.
    If you needed the light, if it were safe to do so, I would fight the fine.
    You are a cautious driver utilising all the facilities of your vehicle in order to safely drive and to be safe to your community.
    They can't argue with that.
    —- go get those idiots with fog lights on —-

  • +1 vote

    I don't think you have any chance, OP, just pay the fine and learn the lesson.

    And by the way well done to the cops.

  •  

    100% if they don’t waive the fine you should court elect it and tell the magistrate:

    I know I did do sth wrong in front of the cops

  • +1 vote

    Were the police coming towards you or away from you?

    Was there any other traffic driving in front of you?

    Did the road have any street lights?

    Did you turn them off when other traffic was in front of you?

    How long did you take to turn them off?

  • +8 votes

    Makes me happy a copper actually handed out a fine for this. Learn your lesson and move on, keep left unless overtaking.

    • +5 votes

      The fact that your driving record came into it indicates that you didn't "win". Driving records are only viewed by the Magistrate following a finding of guilt. You likely pleaded guilty with an explanation or were found guilty before receiving a Section 10 (or equivalent) i.e. offence proven but dismissed.

        • +9 votes

          Then you didn't win.

          •  

            @drewbytes: Well I did win, because I went to the trouble of contesting it. I had a strong case and in the courts mind, since the magistrate could have found me guilty and made pay the fine.

            • +3 votes

              @dlakers3peat: You didnt win… your good driving record saved your bacon and prevented conviction and penalties.

              Winning would be if you were found not-guilty.

              • -1 vote

                @gearhead: i didnt pay the fine and i didnt lose any demerits points which is ultimately the outcomes one would seek in this situation. So there are 2 outcome in this situation win or lose. Based on the outcome I would say it's a win.

                •  

                  @dlakers3peat: Your s10 is not recorded as a conviction, but it is recorded by RMS so you won’t be able to claim it next time you’re caught. If you’re in court again on the same offence you might even be slapped with a heavier penalty if the s10 is raised.

  • +2 votes

    if you have weak eye sight better get some accessibility rather than blinding others, by the way GOOD ON YOU COPPER for the fine!

  • +1 vote

    I've been to countries where EVERYONE drives around with highbeams and it is extremely difficult at night, so little sympathy for you to get fined.
    If the cops fined you then they were more than likely opposite traffic to you and you should have switched back to normal.

  •  

    Jeez some of you posters think OP is some idiot driving around with high beams on all the time. (Ok maybe they are, but for text on the internet I'll give benefit of the doubt). There's plenty of shitty lit streets around the suburbs and imo the fine seems more opputunistic than teaching a useful lesson.

    If there was a car around the corner he wouldn't need the high beams in the first place because their lights would provide said missing light to drive.

    Don't get me wrong, not a chance to actually successfully arguing anything legally.

  •  

    if the cops fined you, they obv saw the high beams and affected their driving…so pay it.

  • -1 vote

    Compared to the old bulbs, the modern LED, Xenon looks like high of the old style bulbs. Nowadays some model cars can move the light if you are turning, so you won't blind anyone.

    •  

      That had nothing to do with not blinding people people with high beams.

      That's so you can see where you are turning.

  • -1 vote

    It's good to know there are cops out there fining drivers pointlessly using their headlights.

    • +2 votes

      He was fined for blinding the police while driving and got caught. If his headlights are insufficient, he can purchase better bulbs.

  • +1 vote

    You didn't tell if there was any car within 200m of incoming or in front of you. It is legal to use high beam in dark street/roads when there are no vehicles within 200m.

    If the cop was hiding behind the bush, and it's car light turned off, I would say you have done nothing wrong.

    If there was any car within 200m, then you deserved it. I see many d**Ks driving on high beam on national Highway and no matter how many signal you give them, they just don't get it.

  •  

    Wonder what the fine is for those SUVs with led lights..

  • +1 vote

    Yes OP definitely ask for a review, make sure to mention that it was a dark rd and your eyesight is not so great in the dark and you just wanted a good view at night.. They are very understanding about these things. Might even ask you to come in so that they can apologise in person.

  •  

    Haha op. Guilty

  •  

    Easy money!

  •  

    I think you’ve been unlucky. If you didn’t turn off high beam when oncoming vehicle gets near and cops noticed that then you may not have a chance competing. Otherwise give it a go. (it’s based on what you’ve said in the post)
    Also do post back the result if you decide to review. It’s just a reference for any future posts

  •  

    Yes, it is in the law. Pay the fine and learn the lesson. Going through review may result in court. Do you have the time for review? I hate people using high beam, if your vision has issues with low beam in a dark road is not good. You either change the globe or get new lights. Opposite shouldnt have to use their hand to block high beam driver. Well done NSW police.

  • +2 votes

    Regarding people questioning why some people drive with their fogs on, certain Subarus 2013-2016 actually have their fogs act as drls and you cant turn them off.
    Source: I own one and I've asked multiple dealers and you cant turn them off.

    •  

      Reminds me of that guy who got fined getting breath tested in his Golf and the lower left fog light was on because his wheel was turned 😂

  •  

    I think you can ask for lenience if you otherwise have a pretty clean driving record. Not sure how you intend to get it reviewed on other merits when you basically did the wrong and got fined for doing the wrong.

  • +2 votes

    My car has auto-high beams… should I not use this? It only goes on when it senses it needs it and if it senses another car coming it does turn it off. Often I turn it off though, as I get anxious that it won't disable itself in time.

  • +1 vote

    Inconsiderate and dangerous road users like you need to be fined as that seems to be the only language you understand. Because you obviously either haven't read through the road rules, or you're too good to follow those rules.

    Based on how casually you have put this, you probably have been doing this regularly until now. I'm glad you were caught and fined.

    Yes, I do encourage you to appeal the fine so more of your time will be wasted.

  • -1 vote

    Most cars come with auto high beam. Lucky for mine it actually splits the light if you have the high beam on if the car is in front of you or the opposite side of the road

    https://electronics360.globalspec.com/images/assets/836/5836...

    Picture for reference to what I mean

    I would like to see cops argue that in court