Driving without Headlights – a Barrister’s advice

I recently received a question about driving without headlights. Effectively, a young driver had got in a car, and driven quite innocently, but driven home and forgot to put his headlights on. He told me, quite candidly, that the reason he didn’t put his headlights on was simply because he forgot. He could see quite clearly because there were road lighting. And he felt he could drive properly. So what it was, was a casual mistake, but of course we all know that’s quite a dangerous mistake, because he may have been able to see but I had to advise him that people coming at him and driving towards him potentiality wouldn’t see him, which of course, we know could end up in disasterous results.

In those circumstances, he was charged by the police when the police saw him -as it unfortunately happen to drive pass the police, and he was charged with careless driving. Now, that was a charge that isn’t specific to headlights, but of course as we know – because he was driving without headlights, and he was a danger on the road. He was careless and not turning on headlights when drove home. So that’s the question I was asked: “Is it an offence to drive without headlights on at night?” And of course, not specifically an offence, but you will be charged with careless driving or you could be charged with careless driving, which is a serious offence.