Attn. MMD and Rigid Ind. Kellen
Dan and Kellen,
Found some interesting NFO about state-by-state laws on covering driving lights that may surprise you. Especially a court case that you California guys might be interested in.
Credit to "FJCruiser Forum"
http://tinyurl.com/25k86fg ... they have a list of many states on this thread. The starter of the thread was from CA, and had a major difference of opinion with the CHP (Imagine that, Dan <G>). Here is his story.
Falcon
California violation 24411
Notwithstanding any other provision of law, a vehicle may be equipped with not more than eight lamps for use as headlamps while the vehicle is operated or driven off the highway. The lamps shall be mounted at a height of not less than 16 inches from the ground, or more than 12 inches above the top of the passenger compartment, at any place between the front of the vehicle and a line lying on a point 40 inches to the rear of the seat occupied by the driver, shall be wired independently of all other lighting circuits, and, whenever the vehicle is operated or driven upon a highway, shall be covered or hooded with an opaque hood or cover, and turned off.
But for many years the Highway Patrol has given conflicting statements about the use of off road lights as driving lights. In addition individual officers had the latitude to administer the auxiliary light laws based on their own judgement/interpretation. But now there is a court case that clarifies issues surrounding auxiliary lights.
After being cited by a CHP officer for not having "off road light" covers, I pleaded not guilty in the Lake Tahoe Municipal Court. I testified that my lights were actually "auxiliary driving lights" (in accordance with section #24402 of the California Vehicle Code). Initially I lost the case, but won on appeal. Since the original ticket was only $86 I kept my costs down by writing the appeal and representing myself.
During the process I learned several facts that would help anyone who installs auxiliary lights on their vehicle. But first let me say that if your lights are mounted above 42" they are considered "off road" lights and must be covered in the State of California.
Sincerely,
Rick Russell;
enclosures:
News Release
Copy of Court’s Decision
Copy of a letter from DOT
OVERVIEW
A California Superior Court Clarifies The Use of Auxiliary Lights For Off Highway Enthusiasts
In California off road lights must be covered while driving on a highway, as defined in section #24411 of the California Vehicle Code. The California Vehicle Code also defines auxiliary driving lights under section #24402 as not needing covers. Each statute carefully describes the requirements for each type of light. So what’s the problem?
The confusion arose when the California Highway Patrol began defining "Off Road Light" as any auxiliary light without SAE (Society of Automotive Engineers) approval. Since this "approval" requirement is not in the law, it was never administered fairly by the California Highway Patrol. Conflicting statements from the Highway Patrol confused the public particularly if you were an off highway enthusiast. For example, have you ever heard of a Highway Officer stopping a sports car to check for SAE approval on their uncovered auxiliary lights?
Recently the El Dorado County Superior Court issued a decision that clarifies California State Law regarding the use of Auxiliary Driving Lights. A three Judge panel over-turned a lower court’s decision in which a Highway Patrol Officer had cited an off highway enthusiast for not having his two auxiliary driving lights covered. The Officer testified that if the auxiliary lights were not marked SAE Approved then they were "off road lights" and must be covered on the highway. Unable to convince the Municipal Court in South Lake Tahoe, California to interpret the law (as it was written) or obtain a logical explanation, the driver appealed to Superior Court. Representing himself, the off highway enthusiast successfully presented his case and the higher court over-turned the lower court’s decision.
In its ruling the Superior Court stated, "The uncontradicted evidence in this case demonstrates that appellant’s [the driver’s] lights fall within the definition of "driving lights" in Vehicle Code 24402. That section does not require driving lights to be covered. The administrative regulations pertaining to driving lights do not refer to any SAE requirements. While authority to regulate driving lights is vested in the CHP, there is no evidence that CHP has promulgated such a regulation and if so, what that regulation is."
In this case the driver had installed two auxiliary lights on the bumper of his 4x4 vehicle in accordance with the California Vehicle Code section pertaining to Auxiliary Driving and Passing Lights (#24402). His auxiliary lights were 38" above the ground: well within the 16-42" limit. Section #24402 also states that auxiliary driving lamps are designed for supplementing the upper beam from headlamps and may not be lighted with the lower beam. To insure compliance he wired the auxiliary lights into the dimmer switch thereby limiting their use to only high beam operation. The auxiliary driving lamps were equipped with 110 watt bulbs, which is above the legal limit for primary lamps, but these are auxiliary driving lamps--not primary lamps
Since the US Department of Transportation (DOT) does not have any regulations prohibiting a vehicle’s owner from installing auxiliary driving lights, of any power, nor do they have any regulations requiring auxiliary lights to be covered, it becomes extremely important to read and understand your own state’s laws regarding "Off Road" and "Auxiliary Driving" lights.
So there you go Dan, I would recommend keeping an official looking copy of the finding in your truck, right next to your registration <G>.
For Kansas/Missouri this is what I found:
Kansas - No mention of covers, maximum number of lights turned on including headlights/driving lights/auxiliary lights is four.
Missouri - No covers. Can have as many as 3 auxiliary lights, but only a total of four including the headlights can be turned on. I assume this takes a spotlight into account as the third auxiliary light.
Falcon
