Gentleman’s agreement driving brought to court: What the law says about headlight flashes and informal signals in traffic

A recent traffic incident went to court and raised an important question: how legal is it to rely on informal signals between drivers, such as headlight flashes? A driver lost his license after failing to yield, but challenged the sanction arguing that the driver coming from the opposite direction had signaled with his headlights that he would yield.

Based on these signals, which he interpreted as a surrender of priority, the driver continued on his way and found himself facing the incoming car in the middle of the intersection. Legally, he violated the priority rules, regardless of the informal signals he received.

Verdict of the court on informal signals between drivers

The judge clarified that headlight flashes do not constitute legally valid signals for granting priority. These gestures do not have a universal meaning established by the Implementing Regulation to Emergency Ordinance 195/2002 on road traffic.

The reason is simple: headlight flashes can be interpreted in many ways, depending on context and the intention of the driver making them. A driver can flash to:

• Acknowledge that he holds the priority and intends to use it
• Signal the presence of speed cameras or police checks in the area
• Draw attention to a hazardous situation
• Indicate a technical issue with the vehicle (daytime running lights on, door ajar, etc.)

Because of this ambiguity, the court cannot accept as an argument that a driver relied on such unofficial signals to break priority rules.

Expert perspective: Titi Aur on driving by a little understanding

Titi Aur, expert in defensive driving and former rally driver, believes that driving by a little understanding is a widespread practice in Romania, although it has no legal support.

From a practical standpoint, this form of informal communication between drivers can be useful, especially in very congested traffic situations where you’re trying to exit a side street onto a main road. In such moments, a gesture of goodwill from a driver on the main road can unlock the situation.

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Real risks of blind trust in informal signals

However, Titi Aur warns about fraudulent practices that exploited exactly this unofficial convention. A few years ago, organized groups used the method of “driving by a little understanding” to commit fraud.

The modus operandi was simple but effective:

1. They used vehicles already damaged
2. They flashed to simulate yielding priority
3. They suddenly entered the intersection and caused the accident
4. They claimed compensation or threatened to report to the police
5. They pressed the victim to pay “on the spot” for repairs

These groups operated in predefined zones, taking advantage of drivers’ goodwill and trust.

How should you drive: strictly by the rules or by a little understanding?

The correct legal answer is clear: you must always respect official road signs and the priority rules established by law. Priority in traffic is not negotiable by gestures and cannot be ceded informally.

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However, there are practical situations where courtesy and mutual understanding can help:

Situations in which informal communication can help:

• Congested traffic where the zipper merging rule applies
• Exiting private parking onto busy streets
• Emergency situations where a vehicle needs to pass quickly
• Narrow residential areas where cars must avoid collisions

Safety rules when using or receiving informal signals:

1. Never rely solely on headlight flashes to make decisions in traffic
2. Always carefully check if the path is clear, even if you have received signals
3. Make sure you understand the full context of the situation
4. Be aware that you can be held liable if you violate priority rules
5. Use informal signals only as an additional communication aid, not as a replacement for formal rules

Conclusion: Balancing law and practice

Although the law is clear about strict adherence to traffic rules, Romania’s real-world traffic sometimes requires a bit of flexibility and mutual understanding among drivers. The key is to find the right balance: always respect the legal priority rules, but be courteous and communicative when the situation allows and safety is not compromised.

Remember that any informal gesture of yielding priority remains at your discretion and does not exempt you from legal responsibility in case of an accident. Defensive driving means anticipating, clearly signaling your intentions through legal means (signals, positioning), and never assuming other road users will act according to your expectations.