A dangerous motoring trend has re-emerged in the lead-up to Christmas, prompting warnings from legal experts as Aussies decorate their vehicles for the festive season.
Despite the time of year traditionally being associated with goodwill, a Sydney lawyer has cautioned that one increasingly popular form of decoration could result in significant penalties.
In recent years, videos and photos of cars covered in fairy lights have gone viral online.
Just days into December, the trend has resurfaced – with one Perth driver drawing criticism after an image of their vehicle was shared to Reddit.
“I’m not sure I even know what the hell I’m looking at there. Can’t be legal,” one commenter said.
Another added, “There’s a black BMW covered in lights that’s been parking near the office in Morley, then I saw another car this morning also covered in lights. It’s gotta be illegal right?”
Sydney lawyer Avinash Singh has confirmed such displays are unlawful and may attract a hefty fine.
Singh told news.com.au vehicles like the one pictured on Reddit, and others “emblazoned with Christmas lights”, would breach traffic legislation in all Australian jurisdictions.
“The most common laws that would criminalise adding Christmas lights to your vehicle are restrictions on lights that are likely to dazzle other road users, or attaching unapproved lights to a vehicle,” he said.
“The reason for these laws is because the additional lights can distract other road users and result in an accident.”
Penalties vary by state and territory.
“Generally, if police see such a vehicle, they will stop the vehicle and issue the driver with an infringement notice, which can range from $50 to $3300, depending on which State you are in,” Singh said.
Western Australia and the Northern Territory impose the lowest penalties, allowing a maximum of four additional headlights, with fines capped at $100 and $50 respectively.
Fines increase sharply elsewhere: Victoria sets a maximum penalty of $600 for using lights that dazzle, while New South Wales imposes up to $2200.
In Queensland and Tasmania, most additional lights are prohibited entirely, carrying penalties of $3300 and $1010.
The ACT and South Australia also impose significant fines, up to $3300 and $2200 respectively.
Singh added that festive displays are not limited to road-based risks.
According to him, complaints are frequently lodged about disruptive or excessive Christmas light installations on private homes, adding that “large or distracting Christmas-light displays on homes can be subject to a nuisance complaint to the Local Council.”
“Under the Local Government Act 1993, each Local Council has the power to regulate light nuisances. These are often complaints from neighbours who are flooded with light throughout the night,” he said.
Displays that draw substantial crowds may also be considered a public event, requiring approval under Section 68 of the Local Government Act 1993.
To avoid penalties and neighbour disputes over the festive period, Singh advises minimising light impact on surrounding properties, using timers to switch displays off overnight, and consulting local council regulations where necessary.
Images: Reddit
