Hon. Robyn McSweeney asks about the regulations and penalties surrounding fog light usage, particularly concerning drivers who may inadvertently leave them on after fog has cleared. The Minister confirms the regulations, police discretion, and rationale behind the laws.

AnsweredQoN 279Legislative Council
Asked
10 May 2006
Portfolio
Police and Emergency Services

QuestionView source ↗

FOG LIGHTS
I refer to an advertisement placed in the Sunday Times on 7 May on road sense and the use of fog lights. (1) Will the minister confirm that the driver of a vehicle that is fitted with a front or rear fog light should not operate the front or rear fog light unless driving in fog or other hazardous weather conditions causing reduced visibility, and that the penalty for contravention is one demerit point and a $100 fine? (2) Will the minister confirm that it is an offence for the driver of a motor vehicle to have both headlights and fog lights operating; that a person should not drive a motor vehicle displaying light from a front fog light or lights if any other light greater than seven watts and capable of showing white light to the front is alight; that fog lights should be used only with side or parking lights in adverse weather conditions; and that the penalty for contravention is three demerit points and a $100 fine? (3) Will the police have the discretion to waive these fines, given that people from the country leave home in thick fog and by the time they get to the city the fog has lifted, and it is particularly easy to forget that fog lights are on? (4) Will the minister explain why those matters have become offences? Hon KIM CHANCE

AnswerView source ↗

On behalf of the minister representing the Minister for Police and Emergency Services, I thank the member for some notice of this question. (1) Yes, as per regulation 183(1) of the Road Traffic Code 2000. (2) Yes, as per regulation 183(4) of the Road Traffic Code 2000. (3) Yes. Police officers have a discretion to infringe, or issue a written caution or verbal caution for traffic offences. As in all matters, this is dependent upon circumstances at the time. (4) The regulations relating to fog lights have covered the offences for 31 years under the Road Traffic Code; the reason being that fog lights are not designed to light the road ahead in the same manner as normal headlights, neither are they required to be directed down and to the left as normal headlights are. As a consequence, most fog lights, due to the specific nature of their design and the purpose they serve, are directed straight ahead. Fog lights, when coupled with normal headlights, can result in the drivers of oncoming vehicles being dazzled, even during daylight hours, thereby impairing drivers’ vision.
(1) Will the minister confirm that the driver of a vehicle that is fitted with a front or rear fog light should not operate the front or rear fog light unless driving in fog or other hazardous weather conditions causing reduced visibility, and that the penalty for contravention is one demerit point and a $100 fine? (2) Will the minister confirm that it is an offence for the driver of a motor vehicle to have both headlights and fog lights operating; that a person should not drive a motor vehicle displaying light from a front fog light or lights if any other light greater than seven watts and capable of showing white light to the front is alight; that fog lights should be used only with side or parking lights in adverse weather conditions; and that the penalty for contravention is three demerit points and a $100 fine? (3) Will the police have the discretion to waive these fines, given that people from the country leave home in thick fog and by the time they get to the city the fog has lifted, and it is particularly easy to forget that fog lights are on? (4) Will the minister explain why those matters have become offences? Hon KIM CHANCE replied: On behalf of the minister representing the Minister for Police and Emergency Services, I thank the member for some notice of this question. (1) Yes, as per regulation 183(1) of the Road Traffic Code 2000. (2) Yes, as per regulation 183(4) of the Road Traffic Code 2000. (3) Yes. Police officers have a discretion to infringe, or issue a written caution or verbal caution for traffic offences. As in all matters, this is dependent upon circumstances at the time. (4) The regulations relating to fog lights have covered the offences for 31 years under the Road Traffic Code; the reason being that fog lights are not designed to light the road ahead in the same manner as normal headlights, neither are they required to be directed down and to the left as normal headlights are. As a consequence, most fog lights, due to the specific nature of their design and the purpose they serve, are directed straight ahead. Fog lights, when coupled with normal headlights, can result in the drivers of oncoming vehicles being dazzled, even during daylight hours, thereby impairing drivers’ vision.
(2) Will the minister confirm that it is an offence for the driver of a motor vehicle to have both headlights and fog lights operating; that a person should not drive a motor vehicle displaying light from a front fog light or lights if any other light greater than seven watts and capable of showing white light to the front is alight; that fog lights should be used only with side or parking lights in adverse weather conditions; and that the penalty for contravention is three demerit points and a $100 fine? (3) Will the police have the discretion to waive these fines, given that people from the country leave home in thick fog and by the time they get to the city the fog has lifted, and it is particularly easy to forget that fog lights are on? (4) Will the minister explain why those matters have become offences? Hon KIM CHANCE replied: On behalf of the minister representing the Minister for Police and Emergency Services, I thank the member for some notice of this question. (1) Yes, as per regulation 183(1) of the Road Traffic Code 2000. (2) Yes, as per regulation 183(4) of the Road Traffic Code 2000. (3) Yes. Police officers have a discretion to infringe, or issue a written caution or verbal caution for traffic offences. As in all matters, this is dependent upon circumstances at the time. (4) The regulations relating to fog lights have covered the offences for 31 years under the Road Traffic Code; the reason being that fog lights are not designed to light the road ahead in the same manner as normal headlights, neither are they required to be directed down and to the left as normal headlights are. As a consequence, most fog lights, due to the specific nature of their design and the purpose they serve, are directed straight ahead. Fog lights, when coupled with normal headlights, can result in the drivers of oncoming vehicles being dazzled, even during daylight hours, thereby impairing drivers’ vision.
(3) Will the police have the discretion to waive these fines, given that people from the country leave home in thick fog and by the time they get to the city the fog has lifted, and it is particularly easy to forget that fog lights are on? (4) Will the minister explain why those matters have become offences? Hon KIM CHANCE replied: On behalf of the minister representing the Minister for Police and Emergency Services, I thank the member for some notice of this question. (1) Yes, as per regulation 183(1) of the Road Traffic Code 2000. (2) Yes, as per regulation 183(4) of the Road Traffic Code 2000. (3) Yes. Police officers have a discretion to infringe, or issue a written caution or verbal caution for traffic offences. As in all matters, this is dependent upon circumstances at the time. (4) The regulations relating to fog lights have covered the offences for 31 years under the Road Traffic Code; the reason being that fog lights are not designed to light the road ahead in the same manner as normal headlights, neither are they required to be directed down and to the left as normal headlights are. As a consequence, most fog lights, due to the specific nature of their design and the purpose they serve, are directed straight ahead. Fog lights, when coupled with normal headlights, can result in the drivers of oncoming vehicles being dazzled, even during daylight hours, thereby impairing drivers’ vision.
(4) Will the minister explain why those matters have become offences? Hon KIM CHANCE replied: On behalf of the minister representing the Minister for Police and Emergency Services, I thank the member for some notice of this question. (1) Yes, as per regulation 183(1) of the Road Traffic Code 2000. (2) Yes, as per regulation 183(4) of the Road Traffic Code 2000. (3) Yes. Police officers have a discretion to infringe, or issue a written caution or verbal caution for traffic offences. As in all matters, this is dependent upon circumstances at the time. (4) The regulations relating to fog lights have covered the offences for 31 years under the Road Traffic Code; the reason being that fog lights are not designed to light the road ahead in the same manner as normal headlights, neither are they required to be directed down and to the left as normal headlights are. As a consequence, most fog lights, due to the specific nature of their design and the purpose they serve, are directed straight ahead. Fog lights, when coupled with normal headlights, can result in the drivers of oncoming vehicles being dazzled, even during daylight hours, thereby impairing drivers’ vision.
Hon KIM CHANCE replied: On behalf of the minister representing the Minister for Police and Emergency Services, I thank the member for some notice of this question. (1) Yes, as per regulation 183(1) of the Road Traffic Code 2000. (2) Yes, as per regulation 183(4) of the Road Traffic Code 2000. (3) Yes. Police officers have a discretion to infringe, or issue a written caution or verbal caution for traffic offences. As in all matters, this is dependent upon circumstances at the time. (4) The regulations relating to fog lights have covered the offences for 31 years under the Road Traffic Code; the reason being that fog lights are not designed to light the road ahead in the same manner as normal headlights, neither are they required to be directed down and to the left as normal headlights are. As a consequence, most fog lights, due to the specific nature of their design and the purpose they serve, are directed straight ahead. Fog lights, when coupled with normal headlights, can result in the drivers of oncoming vehicles being dazzled, even during daylight hours, thereby impairing drivers’ vision.
On behalf of the minister representing the Minister for Police and Emergency Services, I thank the member for some notice of this question. (1) Yes, as per regulation 183(1) of the Road Traffic Code 2000. (2) Yes, as per regulation 183(4) of the Road Traffic Code 2000. (3) Yes. Police officers have a discretion to infringe, or issue a written caution or verbal caution for traffic offences. As in all matters, this is dependent upon circumstances at the time. (4) The regulations relating to fog lights have covered the offences for 31 years under the Road Traffic Code; the reason being that fog lights are not designed to light the road ahead in the same manner as normal headlights, neither are they required to be directed down and to the left as normal headlights are. As a consequence, most fog lights, due to the specific nature of their design and the purpose they serve, are directed straight ahead. Fog lights, when coupled with normal headlights, can result in the drivers of oncoming vehicles being dazzled, even during daylight hours, thereby impairing drivers’ vision.
(1) Yes, as per regulation 183(1) of the Road Traffic Code 2000. (2) Yes, as per regulation 183(4) of the Road Traffic Code 2000. (3) Yes. Police officers have a discretion to infringe, or issue a written caution or verbal caution for traffic offences. As in all matters, this is dependent upon circumstances at the time. (4) The regulations relating to fog lights have covered the offences for 31 years under the Road Traffic Code; the reason being that fog lights are not designed to light the road ahead in the same manner as normal headlights, neither are they required to be directed down and to the left as normal headlights are. As a consequence, most fog lights, due to the specific nature of their design and the purpose they serve, are directed straight ahead. Fog lights, when coupled with normal headlights, can result in the drivers of oncoming vehicles being dazzled, even during daylight hours, thereby impairing drivers’ vision.
(2) Yes, as per regulation 183(4) of the Road Traffic Code 2000. (3) Yes. Police officers have a discretion to infringe, or issue a written caution or verbal caution for traffic offences. As in all matters, this is dependent upon circumstances at the time. (4) The regulations relating to fog lights have covered the offences for 31 years under the Road Traffic Code; the reason being that fog lights are not designed to light the road ahead in the same manner as normal headlights, neither are they required to be directed down and to the left as normal headlights are. As a consequence, most fog lights, due to the specific nature of their design and the purpose they serve, are directed straight ahead. Fog lights, when coupled with normal headlights, can result in the drivers of oncoming vehicles being dazzled, even during daylight hours, thereby impairing drivers’ vision.
(3) Yes. Police officers have a discretion to infringe, or issue a written caution or verbal caution for traffic offences. As in all matters, this is dependent upon circumstances at the time. (4) The regulations relating to fog lights have covered the offences for 31 years under the Road Traffic Code; the reason being that fog lights are not designed to light the road ahead in the same manner as normal headlights, neither are they required to be directed down and to the left as normal headlights are. As a consequence, most fog lights, due to the specific nature of their design and the purpose they serve, are directed straight ahead. Fog lights, when coupled with normal headlights, can result in the drivers of oncoming vehicles being dazzled, even during daylight hours, thereby impairing drivers’ vision.
(4) The regulations relating to fog lights have covered the offences for 31 years under the Road Traffic Code; the reason being that fog lights are not designed to light the road ahead in the same manner as normal headlights, neither are they required to be directed down and to the left as normal headlights are. As a consequence, most fog lights, due to the specific nature of their design and the purpose they serve, are directed straight ahead. Fog lights, when coupled with normal headlights, can result in the drivers of oncoming vehicles being dazzled, even during daylight hours, thereby impairing drivers’ vision.

Explore WA Government Data

Search the full archive in the free dashboard, or query programmatically via API.

Explore more