Flashing brake lights are now illegal!!!

[sms777]

This has been in force for over 12 months now but not many people aware of it. RMS has only notified the safety examiners that issue pink/blue slips but never told the public. If your classic US muscle still has indicators flashing with brake lights it is now subject to a defect notice.
This is a subtract I have received from RMS last year. It is dated 29/3/2017.
Quote:
"In accordance with the Road Transport (Vehicle Registration) Regulations 2007, Schedule 2, Regulation 124 and Australian Design Rule 13, flashing brake lights are not permitted. Vehicles should be failed under Rule 106.2 and comment flashing brake light. For further information please contact Technical Enquiries on 1300 137 302 or send an email to technical.enquiries@rms.nsw.gov.au"
For some vehicles it is fairly simple to separate brakes from indicators but how about unique situations like a '60's Thunderbird with sequential tail lights. I rang RMS regarding this.......answer was..... too bad.

[LeighP]

Bloody stupid...but what do you expect from these clowns?
So now I have to hack around the new wiring on the 69 Firebird to split the flahsers out of the brake lights. Lucky you can buy white/amber switch back LED globes these days....I'll use the backup lights as a combination flasher/backup.

[bonnevista]

Don't FE Holdens have a red combo brake light/blinker?

[cassanth]

Has anyone actually taken the time to read schedule 2, regulation 124 of the regulations mentioned in this post? This post is wrong. That regulation is only about additional lights fitted to a vehicle outside of lights already listed in the schedule. Brake lights are already listed in the schedule therefore regulation 124 does not apply.

Division 9, regulation 108 describes the operation of a brake light, and nowhere does it say it can not flash. In fact the diagram offered as an example in the regs is of an American car (looks like a vette) and would be the optimal place to say they can't flash, but it doesn't. Having searched for confirmation that this post is correct the only place I can find any mention of flashing brake lights being illegal is in the post.

I wouldn't be changing the wiring of any car until the original poster can provide some evidence that this is now illegal. Perhaps a link to the regulations, legislation etc that says that brake lights on a pre ADR vehicle can not flash.

[sms777]

Good luck with your next rego renewal. I am not arguing with you but read my post again. Contact Technical Enquiries on the link I have posted previously and argue with the people implemted this amendment. Do not abuse me of this rule because i have been a RMS inspector for the last 20 years and i do follow rules and this is my best interest to pass it on to my customers and fellow club members. If you think you can do better you should contact your local MP. 

[cassanth]

I am not arguing with you, but am asking for some more proof from you that this is the case. So far all we have to go on is your word that it is correct despite no publicly available information in the regulations that you quoted showing it to be correct. I don't know you and am realtively new to the club, but I would think if you are going to post on a forum full of people with American cars, the majority of which would have flashing brake lights, and tell them that their car is illegal, you would be at least kind enough to provide us with some more evidence that supports your claim. Perhaps even a screen shot or photo or scanned image of this supposed communication from RMS.

You have asked me to read your post again, so I would ask the same of you to go and read the regulations that you quoted. Given  your years of experience, would you fail a car for a flashing brake light when the regulations quoted do not say that it is illegal? In your years of experience, have you ever had misinformation from the RMS? In my 17 years of professionally dealing with RMS I have had numerous occasions where they have provided misinformation, only to retract it once the error has been pointed out to them by people who have actually read the correct info.

So my request remains the same. Instead of just directing us to contact RMS to find out if your claim is correct, can you provide us with some evidence that it is?

[sms777]

RMS will never inform the public about changes. It's us little muppets that get the message through the AIS online when we log on to do an inspection and it's our job to pass on any changes to the public. Like I said this was dated in 2017 and it starts "In accordance with Regulation 124" so I take it as an amendment.
I rang RMS several times about this and I could never get a clear answer. I will look into it further and keep you all informed.
I think all this crap was brought up by insurance companies due to increase in rear end collision claims caused by people failing to recognise classic US cars where indicators used in conjunction with brake lights. In my honest opinion it is a simple solution to separate indicators if it's your daily driver therefore making your car safer to avoid some idiot running into your prized possession not being able to figure out that you are turning left or right.
My '70 Challenger is not a daily driver and I will be damn if I destroy it's originality by adding amber indicators.......

[bonnevista]

Well, I'm going to add one more wrinkle to the argument. 

If your car was built before the 1st of July 1973, it's legal for you to have a red blinker. 

Having said that, I'm not necessarily talking about a combo brake/tail/blinker.  If you look at a car like mine for instance, it has long rectangular tail lights.  On my car, the outer most section of the tail light has been isolated to be ONLY the blinker.  Even though the previous owner put an amber lens in the housing to replace the red lens, I don't see why I couldn't have the original red lens when it's only job is to be the blinker (my car is a 1972 model)...

[70SS]

Further to the discussion at the meeting last week, here is that link to the Road Transport (Vehicle Registration) Regulations, Schedule 2. If you bring it up scroll down to Regulation 124 "Operation of brakes on motor vehicles".

https://www.legislation.nsw.gov.au/#/view/regulation/2017/451/sch2

This issue was also raised on the Mustang Club forum over a year ago   https://www.mustang.org.au/forum/index.php/topic,31974.msg307368/topicseen.html#msg307368   but I am personally unaware of anyone from this club or the others we are members of who has been failed on a blue or pink slip in the last year or more that this has allegedly been an issue.......

[birdman]

I also found this. No mention of no flashing. Read the bold/underlined

95   Performance and operation of brake lights(cf ALVSR 2015 r 95; 2007 reg Sch 2 cl 108)
(1)  When on, a brake light must show a red light visible 30 metres from the rear of the vehicle.
(2)  A brake light fitted to a street rod vehicle may incorporate a blue lens not over 20 millimetres in diameter.
(3)  A brake light fitted to a motor vehicle must come on, if it is not already on, when:
(a)  for a vehicle with 4 or more wheels or built after 1974—a service brake is applied, or
(b)  for another vehicle—the rear wheel brake is applied.
(4)  Subrule (3) does not apply if the controls in the vehicle that start the engine are in a position that makes it impossible for the engine to operate.
(5)  A brake light on a trailer must come on when:
(a)  the brake light of the towing vehicle comes on, or
(b)  a brake control on the towing vehicle, which independently activates the service brake on the trailer, is operated.
(6)  A brake light may be operated by an engine brake, retarder or similar device if the device does not interfere with the proper operation of the brake light.

And this, read the bold/underlined

100   Operation and visibility of direction indicator lights(cf ALVSR 2015 r 100; 2007 reg Sch 2 cl 113)

(1)  A direction indicator light fitted to a motor vehicle must:
(a)  when operating, display regular flashes of light at a rate of not over 120 flashes a minute, and:
(i)  for a motor vehicle with 4 or more wheels—at least 60 flashes a minute, or
(ii)  for any other motor vehicle—at least 45 flashes a minute, and
(b)  be able to be operated by a person in the normal driving position, and
(c)  be wired to an audible or visible device in the vehicle that tells the driver that the direction indicator light is operating, and
(d)  flash at the same time and rate as any other direction indicator lights fitted on the same side of the vehicle.
(2)  A direction indicator light fitted to a side of a trailer must, when operating, flash at the same time and rate as the direction indicator light or lights fitted to the same side of the motor vehicle towing the trailer.
(3)  The flashes of light displayed by a direction indicator light must be:
(a)  if the light faces forward—white or yellow, and
(b)  if the light faces backwards:
(i)  yellow, or
(ii) for a vehicle built before July 1973—yellow or red, and
(c)  if the light faces out from the side of the vehicle:
(i)  white or yellow towards the front and side, and
(ii)  for a vehicle built before July 1973—yellow or red towards the rear and side, and
(iii)  for a vehicle built after June 1973—yellow towards the rear and side.
Note. The ADRs only allow yellow direction indicator lights.
(4)  If a motor vehicle's direction indicator lights display only yellow light, the vehicle may be equipped to allow the lights to operate simultaneously on both sides of the vehicle, if a visible or audible signal tells the driver when the lights are operating simultaneously.
(5)  When on, a direction indicator light must be visible 30 metres from:
(a)  if the light faces forwards—the front of the vehicle, or
(b)  if the light faces backwards—the rear of the vehicle, or
(c)  if the light faces out from the side of the vehicle—that side of the vehicle.
(6)  When on, each direction indicator light in at least 1 pair of lights fitted on or towards the front of a prime mover, or a motor vehicle over 7.5 metres long, must be visible at a point:
(a)  1.5 metres at right angles from the side of the vehicle where the light is fitted, and
(b)  in line with the rear of the vehicle.

And this too, but no mention of RED flashing

118   Turn signals(cf ALVSR 2015 r 118; 2007 reg Sch 2 cl 130)
A turn signal must:
(a)  consist of a steady or flashing illuminated yellow sign at least 15 centimetres long and 25 millimetres wide that:
(i)  when in operation—is kept horizontal, and
(ii)  when not in operation—is kept in a position so it is unlikely that the driver of another vehicle or anyone else would regard it as a signal, and
(b)  be fitted to the side of the motor vehicle at least 50 centimetres and not over 2.1 metres above ground level, in a position so the driver of the vehicle, from the normal driving position, can see whether the signal is in operation, and
(c)  be able to be operated by the driver from the normal driving position, and
(d)  when in operation, be visible from both the front and rear of the vehicle at a distance of 30 metres.

Also this, states must be red, must STAY on when parking light or headlight is on, again no mention about blinker

84   Performance of tail lights(cf ALVSR 2015 r 84; 2007 reg Sch 2 cl 97)
(1)  When on, a tail light of a vehicle must:
(a)  show a red light visible 200 metres from the rear of the vehicle, and
(b)  not use over 7 watts power.
(2)  A tail light fitted to a street rod vehicle may incorporate a blue lens not over 20 millimetres in diameter.
85   Wiring of tail lights(cf ALVSR 2015 r 85; 2007 reg Sch 2 cl 98)
A tail light of a motor vehicle must be wired to come on, and stay on, when a parking light or headlight on the vehicle is on, unless an external switch is fitted to operate the tail light.