5 Driving Habits Most People Think Are Illegal – But They Aren't
As you head down the road, you may find yourself thinking about all the laws you learned years ago when you first took your driving test. In the mix of that, there are also other rules that people have led you to believe. After all these years, it’s difficult to remember what is actually a law and what is merely a suggestion.
A couple notes before we begin. Any of these might be illegal where you are – check your local laws before proceeding – and we also can’t suggest that your insurance company would like to hear about any of these. Finally, we are not attorneys and this article is not legal advice.
Surprisingly, each of these actions are technically legal in most or all of the United States. How many of them have you done?
1. Riding in the Back of a Pickup Truck
Many people assume that because a truck bed doesn’t have seat belts it’s illegal to ride in one, but in every one of the United States it is legal for all or some people to ride in the bed of a truck.
There are a few that have some restrictions requiring that it’s an enclosed bed while others only leave provisions for workers or employees. Others require riders to be a certain age or remain seated while the ride is in motion.
If you live in an area with rural roads, this is another area that many states allow travel in the pickup bed. For example, in New York, the law states that you can ride in the bed for trips under 5 miles in length, but that limitation is lifted if at least one of the cargo area passengers is 18 or older. Other states have exemptions for parades, agricultural work, or rural roads in general.
While it might sound like a lot of fun, riding in a truck bed is actually quite dangerous. Just imagine what might happen to you if that truck flips over. In fact, four people were killed back in 2013 when a pickup carrying more than ten kids flipped in Alabama.
Illegal? No. Safe? Also no.
2. Driving Barefoot or Totally Buck Naked
Sometimes you are in a hurry and simply don’t have the time to grab your shoes. Maybe you even consciously choose not to wear shoes while driving because it’s more comfortable. Either way, driving barefoot is completely legal in every state.
Some states have laws regarding riding on a motorcycle without shoes, but driving a car barefoot is legal in every state. Some states have even recommended driving barefoot instead of wearing flip-flops, high heels, or any other loose or heavy footwear that might alter the pressure on your pedals.
Just because you can drive barefoot doesn’t mean you should. In fact, in 2012 the Virginia Department of Motor Vehicles stated that “Driving in bare feet, socks, or stockings can also be dangerous causing your feet to slip off the gas or brake pedals.” They felt that driving without shoes or socks is dangerous because your feet might slip off the pedals or compromise your vehicle control, but again, it’s not illegal.
Furthermore, driving without footwear can’t lead to a ticket, but we aren’t sure what would happen in the event of an accident. Even though driving barefoot isn’t illegal, you could get a citation for reckless or negligent driving if you’re found at fault in an accident – and your insurance company might not like it, either.
Driving Naked
While we are talking about driving au naturel, let’s briefly touch on being naked. Public nudity laws aside, it’s completely legal to drive your car naked. This is helpful if you have a panoramic sunroof and you’re working on a full-body tan.
Each state also specifies different guidelines as to what nudity is. For example, in many states, women are allowed to be topless anywhere a man is. Just make sure you check your local laws regarding public nudity. The trouble is that getting into your car and out of it might lead to trouble with the law. If anyone sees you, you might end up with a public lewdness charge.
3. Warning Others of a Cop or Speed Trap (and Radar Detectors, Too)
Did you know that it’s your First Amendment right to flash your headlights at other drivers to warn them of a speed trap? That’s what a Federal Judge ruled in 2014. Prior to that, you faced a ticket – some cops even claimed people were interfering with an investigation.
Headlight flashing refers to the act of switching on and off your headlights or engaging the high beams for a moment. It’s often called the “optical horn” because you draw attention from other drivers.
Of course, you’ll see this tactic used for multiple other reasons like warning drivers of a road hazard. It’s also a form of aggressive driving, which would be illegal.
Radar Detectors
While we are on the subject of speed traps, let’s touch on the radar detector. Many people believe these are illegal, but they aren’t unless you drive in Virginia or the District of Columbia. It’s important to note that you can’t use them in a commercial vehicle and using one on the job may have repercussions as well. Also, it gives cops a pretty big reason not to let you off with just a warning.
4. Swearing at a Police Officer (Though You Really Shouldn’t)
You know that you’ve muttered some choice words at a cop before, but what if you said it out loud? Would that land you in jail? Referring to your First Amendment rights once again, it’s not illegal to swear at a police officer. You have protection over what you speak.
This doesn’t give you the right to be careless. Some places still have some frankly archaic laws against public swearing – swearing in public was illegal in Virginia until early 2020. In addition, you could be cited for disorderly conduct if the officer feels you’re inciting violence with your words.
I’m not really sure it’s worth taking the chance on this one. The last thing you really want to do when you’re pulled over is piss off the person writing you a ticket.
Flipping the Bird
Just like cursing, we can’t recommend this as a good option. However, this won’t lead you to jail either – at least, not that we can find evidence of. Again, we ain’t no attorneys over here. We don’t need you hooligans going out and cursing at cops and flipping them off and saying, “it ain’t illegal, it says so right here in this blog post.” That is all on you.
5. Turning Right on a Red Light
Contrary to popular belief, right turns on red are permitted almost everywhere in the United States. A full stop is usually required prior to proceeding. The exception to this includes anywhere that has signage banning the practice. It’s also prohibited in the whole of New York City. Some states such as Nebraska, Virginia, New York, North Carolina and California will utilize a red arrow on the traffic light when you aren’t allowed to make a turn.
These laws date back to the 1970s when the government was helping conserve fuel during the shortages and looking for ways to keep traffic moving.
Does This Post Change the Way You Drive?
If it does, we’re afraid to drive anywhere near you. Just kidding. Unless you drive naked.
Knowing that these guidelines aren’t actually laws, are you planning to change the way you drive at all? Maybe you’ve been dreaming of heading down that back road with friends in your truck bed. If you’re more adventurous, you’ve thought about commuting to work without clothes or shoes on. For the tame, even driving through a red light to make a right turn might feel daring – but you aren’t breaking the law in most of the United States.
Let us know about any driving rules you thought were laws – maybe we will do a part 2 in the future!
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We are not attorneys. This article is not legal advice. Check your local laws before proceeding.
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