Driving with your headlights on is a safe and effective way to make sure other drivers notice your vehicle. Without one of your headlights working, you could be subject to fines and loss of demerit points. Additionally, this depends on your state or territories driving laws. So is it really illegal to drive with only one working headlight? Keep in the mind the following information is relevant only to light vehicles such as cars. Other vehicles such as motorbikes will have their own rules.
What does the law say?
Each state and territory in Australia adopts the Australian Road Rules into their own legislation. It provides them with a framework as to what road rules should be incorporated.
New South Wales
New South Wales (NSW) follows the Road Rules 2014 (NSW) which sets out the provisions pertaining to the use of headlights. According to section 215-1 of the rules, a person driving a vehicle is not able to drive for a “period of darkness” unless the headlights are adequately on. The rules goes on to define the term as any time for the duration of the night or a time where there is not enough light to see someone who is wearing dark-coloured clothes from a 100-metre distance.
A failure to comply with this will result in a maximum penalty of $2200. Under the Road Transport (Vehicle Registration) Regulation 2017 (NSW), not being able to follow the standards of use of headlights can mean a loss of 2 demerit points.
Victoria
Victoria follows the Road Safety Road Rules 2017 (Vic). According to these rules, the headlights on a car must be working in perfect conditions and must be visible to other drivers. Failure to comply with this rule can result in a maximum penalty of $826.10. While driving at night or in conditions that may be considered dangerous without headlights, an additional penalty of 1 demerit point is applicable.
Tasmania
According to the Road Rules 2019 (TAS), headlights are an important feature when operating a vehicle. Similar to the rules in other states, the headlights on vehicle must be working in a perfect condition and must be visible to other drivers. If they are not in working order, a driver must not operate their vehicle in dangerous conditions or drive in the night. Failure to comply with this results in a fine that is $1720 or less.
Northern Territory
The Northern Territory follows the Traffic Regulations 1999 (NT) for their road rules. Their interpretation and implementation of the Australian Road Rules is quite close to the original form. Under this regulation, driving with out of order or not properly lit headlights is a traffic offence. This is probably the closest offence to driving with only one headlight working. The penalty for this offence is a $50 fine. This type of offence does not carry a penalty for demerit points.
Queensland
Queensland’s road rules fall under the Transport Operations (Road Use Management—Road Rules) Regulation 2009 (QLD). Similar to the others states, driving in dangerous conditions or during the night when your headlights are not in proper working order and are not visible to other drivers is prohibited. If you fail to comply with this rule in Queensland, the maximum penalty is a fine of $2699.
Western Australia
According to the Road Traffic Code 2000 (WA), you are not permitted to drive a vehicle during the night when it is dark or in dangerous conditions without the adequate lights working and turned on. This means that without both headlights working and turned on, a person cannot drive their car. The penalties for breach of this rule is 3 demerit points as well as a monetary fine of $100.
Australian Capital Territory
The Road Transport (Road Rules) Regulation 2017 (ACT) also prohibits driving your vehicle during the night or in dangerous conditions unless the headlights are in working order and are visible to other drivers. If they are not working correctly or are not visible, the maximum penalty is a fine of $3200.
South Australia
South Australia follows the Road Traffic (Light Vehicle Standards) Rules 2018 (SA). The rules in South Australia regarding the use of two headlights is very scarce. The only requirement under the rules are that two headlights that are able to work must be properly fitted to a car. According to this factsheet by the South Australian State Government, your car may be defected if it the lights are not in proper working order. There is not a lot of information regarding the other penalties you can face in terms of whether driving with one headlight is illegal.
Concluding thoughts
Overall, the rules in each state and territory surrounding whether driving with one headlight is illegal is similar. The general consensus appears to be that driving without both headlights in working order in bad weather conditions and during the night is prohibited. The main difference is the monetary value of the fine as well as whether demerit points can be taken away. Furthermore, none of the laws explicitly state whether driving with one headlight is illegal. For help on traffic offences, speak to one of our traffic lawyers today.
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