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Bill would permit motorists to flash headlights at other drivers

TIFFANY L. PARKS
Special to the Legal News

Published: April 23, 2014

A bill that was recently filed into the Ohio General Assembly would create an exception to the state’s general prohibition against flashing lights on a motor vehicle by authorizing the flashing on and off of headlights, or the alternate flashing of the lower beams and the upper beams of headlights, to convey information to other motorists.

“Current law forbids flashing lights with a list of exceptions,” said Rep. John Becker. “Courtesy flashing of headlights is not one of the exceptions and therefore, arguably, illegal.”

In pushing for the passage of House Bill 475 before the House Transportation, Public Safety and Homeland Security committee, Becker, R-Cincinnati, said that in the past, Ohioans have been charged with obstruction of justice or other such crimes for flashing their lights at oncoming vehicles.

“These charges are difficult to prosecute and courts have ruled in favor of the defendants. But who needs these hassles,” he said. “Courtesy on our highways should be encouraged.”

According to a bill summary, the proposed legislation specifies that the information conveyed by such flashing lights or the flashing of lower and upper beams may include information concerning the presence of dangers, hazards or vehicles of interest that the operators of the oncoming vehicles may be approaching.

The measure also clarifies that such an act of flashing headlights on and off or the alternate flashing of the lower and upper beams of headlights, without more, would not constitute a violation of any provision of the Ohio Revised Code or any municipal ordinance.

“In Missouri, a federal court recently ruled that the town of Ellisville could not cite or prosecute drivers who flash their headlights to warn other drivers of police radar or accidents because this violates the First Amendment protection of free speech,” Becker said, adding that he introduced HB 475 to ensure that the state of Ohio protects the First Amendment rights of its citizens.

“Ohioans should have the right to flash their headlights to warn other drivers about accidents, deer in the road, speed traps, etc.”

HB 475 is co-sponsored by Reps. Matt Lynch, R-Chagrin Falls, Kristina Roegner, R-Hudson, and Gerald Stebelton, R-Lancaster.

The bill has not been scheduled for additional hearings.

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