Top Gear Philippines
November 2009
Wheels of Justice -- Hazard a guess?
By: Robby Consunji
Question:
A truck bumped my car while I was driving in the blinding rain. I had my hazard lights turned while crossing the highway when a truck rammed my rear. The truck driver says it’s my fault because my hazard lights were on. Is this correct?
Answer:
You are presumed to be negligent because at the time of the mishap you were in a violation of the traffic regulation governing the use of hazard lights. In the absence of evidence in your defence, you will be held at fault and liable for the damage caused.
It is also true that the truck driver is required to slow down upon seeing your Hazard Lights. The issue will be whether you adequately announced your change in direction.
The Vienna Convention on Road Traffic provides: -- “Hazard warning signal may be used only to warn other road-users of a particular danger: - a) When a vehicle which has broken down or has been involved in an accident cannot be moved immediately, so that it constitutes an obstacle to other road-users; (b) When indicating to other road-users the risk of an imminent danger.”
The Vienna Convention on Road Traffic forms part of Philippine law, as the Philippines is a contracting party to this convention and ratified it by Presidential Decree No. 207 [1973].
The Land Transportation and Traffic Code, Republic Act No. 4136 (1964), is silent regarding hazard lights. Neither is there a Philippine law or regulation allowing the use of hazard lights for a moving vehicle. The Code merely requires parking lights or flares visible 100 meters away to be displayed at a corner of the vehicle when parked on highways, or in places that are not well-lighted, or is placed in such manner as to endanger passing traffic.
Thus, the Vienna Convention on Road Traffic defines the use of hazard lights in the Philippines. If there are local customs or practices, these unwritten rules of the road have no meaning in a court of law, and cannot set the standard of diligence or safety required of a driver.
The purpose of Hazard Lights can be gleaned from its technical features.
Hazard Warning Signal Lights, also called “hazard lights”, “flashers”, “4-way flashers”, “blinkers”, cause all the signal or directional lights found generally in the corners of the vehicle to “flash in phase” or blink simultaneously. It is operated by one switch separate from the signal light switch on the steering column, and is operable even if ignition switch is off.
In simple terms, a driver is obliged to announce his intention to turn or change direction by using his signal lights. However, the operation of the Hazard Lights does not allow the signal lights to simultaneously operate. The driver must not operate Hazard Lights while the vehicle is moving because Hazard Lights do not announce a change in direction. In other countries, the rules expressly state that Hazard Lights may be used only when the vehicle is stationary.
If Hazard Lights were intended to be used in a moving vehicle, then it would not be operable with the engine not running. Noteworthy is that the vehicle manufacturers commonly name these lights as “Hazard Lights”; it wasn’t named “Emergency Lights”, nor “Park Lights”, nor “Illegal Parking Lights”.
Hazard Lights are meant to announce “to other road-users the risk of an imminent danger.” As soon as the danger is gone, the driver has the obligation to immediately shut off the Hazard Lights.
The local use of Hazard Lights for blinding rain can lead to distraction and confusion. Safety experts recommend the use of the park lights and headlights for blinding rain, or the installation of a rear red fog light.
The improper use of Hazard Lights reminds me of the boy who cried “Wolf!”
The Vienna Convention on Road Traffic defines the use of hazard lights in the Philippines. If there are local customs or practices, these unwritten rules of the road have no meaning in a court of law, and cannot set the standard of diligence or safety required of a driver.