Red Flag Laws: The First Automobile Safety Standards

In the late 19th century, when automobiles were coming to the fore as a clean and efficient mode of transport, Red flag laws were safety measures that were introduced in the UK and USA. Such laws were made to help govern the use of early automobiles and keep it from causing too much public danger as these vehicles became more widespread. One of the unique aspects of these laws was that any vehicle approaching on a road needed to be preceded by someone waving a red flag in order to warn nearby pedestrians and other road users.

Even though these laws have been long repealed, they are part of a significant moment in road safety history and demonstrate how tentatively society adopted this new disruptive technology called the automobile.

The History of Red Flag Laws In the UK

The British 'red flag law', known for being one of the earliest pieces of restrictive automobile legislation, harkens back to a time when automobiles were seen as uniquely dangerous: fast, noisy, and alien. Back in 1865, the British Government introduced the so-called Locomotive Act, which banned motor vehicles from most public roads.

The Locomotive Act mandated that every self-propelled vehicle (or “locomotive”) had to be preceded by a man walking in front of it waving a red flag to warn pedestrians and horse-drawn vehicles ahead of the approaching automobile. The early vehicles were also required to travel no faster than 4 miles per hour (mph) in the country and 2 mph in towns, on top of needing a red flag. The idea was to stop these new, strange vehicles and keep them from crashing into something — or causing a ruckus among the public.

The UK red flag law was extremely onerous and was generally viewed as an impediment to the growth of the automotive sector. It did, after all, help slow the rate of growth of motor vehicle use — at least in rural America, where roads were poorly regulated and automobiles met competing horse-drawn transport on a regular basis.

The law quickly began to fall by the wayside given that technology was advancing at a greater pace than what the law could keep up with, along with improvements in motor vehicle safety and changing public attitudes regarding motor vehicles. The law would eventually be repealed. The Motor Act of 1896 increased the speed limit to 14 mph and got rid of the man with a red flag when walking along side a car, it also saw the start of our more modern understanding of motor vehicles within British law.

Red flag laws in the US

Like Slater, early automobile regulation in the United States also involved red flag laws, although they were applied differently than in Britain. With the arrival of cars on city and town streets in the late 19th century, American legislators became worried about public safety. To counter the advent of motor vehicles, certain states and municipalities created laws that mandated a person walk in front of an automobile waving a red flag, as well as further limitations on speed and use of early motorcars.

In the United States, arguably one of the first examples of a red flag laws happened in 1899 when the State of Massachusetts enacted an act that vehicles must be preceded by a flagman to warn people they were coming. Implementing these laws sought to allay fears surrounding the potency and swiftness of the new automobiles, perceived as menacing in an era where horse-drawn transport reigned supreme.

During this period, motor vehicles tended to be noisy and fume-spewing, unsettling pedestrians as well as operators of horse-drawn carriages. Similar to the UK, these laws were meant to reduce the dangers that cars presented to society, but they seemed cumbersome and impractical for many automobile enthusiasts and entrepreneurs alike.

Gradually, as automobiles became more efficient, safe and generally less of a social stigma through the decades, these red flag laws were orphaned. The use of red flags began to fade by the early 20th century, and road safety laws moved in a modern direction with speed limits, vehicle inspections, traffic signs, etc. The motor vehicle had all but cemented itself as the chosen mode of transportation, and thus safety laws began to change to accommodate this.

The Legacy of Red Flag Laws

Although the concept of red flag laws did not stay around long, they are an essential chapter in automotive history. They shine a light on how societies were cautious and measured in incorporating the automobile into society. Drafted in response to the initial automobile's chaotic debut, these laws demonstrated how disruptive the automobile was perceived as being.

Red flag laws are also a prime example of how some regulatory frameworks are evolving as technology advances. As with the early days of automobiles, creative and exciting advances in technology (e.g., electric vehicles, autonomous vehicles, ridesharing apps) requires government and regulators to rein things back in for safety concerns.

Now, we are in a world of red flag law far removed from the idea, but it does show up in modern traffic laws focused on public safety and orderly use of our common roadways. There needn't be a flagman ahead of cars anymore, but traffic signals, speed limits and laws on driver behavior are all ways to keep the road safe so that as it becomes more high-tech, people remain its most important feature.