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 onthe highway. I was unable to convince the Municipal Court in South Lake Tahoe, California to interpret the law correctly as they held that the individual CHP officer 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: In Summary the court held that: "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 latistrative 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." The Superior Court?s Ruling is binding in all of the Municipal Courts within El Dorado County and most likely it would be honored by Municipal Courts throughout the State of California if the opinion was brought to the court?s attention. Since this opinion is not published in any legal publication/journal review the best way to notify the court, if you are ticketed, is to bring a certified copy of the Appellate Court?s Decision to your hearing. To receive a certified copy send $4.25 in a self-addressed, stamped envelope to: El Dorado Superior Court, 495 Main Street, Placerville, CA 95667 requesting Apellate Decision No. PV00-1706, The People of the State of California vs. Richard Russell. 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. The Courts Ruling:EL DORADO CO. SUPERIOR CT.
Appellant was cited on December 14, 1995, by CHP Officer
Lord for a violation of Vehicle Code 24411, which requires auxiliary lamps
on an off-road vehicle to be covered or hooded and turned off whenever
he vehicle is driven upon a highway. Specifically, the section
states: The judgment of tbe trial court is reversed. The DOT's positionU.S. Department of Transportation Dec 22, 1995
U.S. Department of Transportation
This responds to your FAX of November 15, to Blane Lausis of this agency, asking for an interpretation of Federal lighting regulations as they may affect your plans to modify your 1956 Jeep. You wish to add two auxiliary lights to supplement your upper beams, and you ask whether these lights are "required to be DOT app " The answer is no; the DOT regulation on motor vehicle lighting (Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and associated Equipment does not prescribe requirements for lamps intended to supplement the headlamps, and thus the lamps of which you speak do not have to be certified as meeting Standard No. 108. As a matter of information, your use of the words "DOT approved" reflect; a common misconception. We have no authority to approve or disapprove lighting equipment. Under our statute, a lighting (or vehicle) manufacturer is required to certify that its equipment (or vehicle) meets the Standard No. 108 (if it is replacement equipment included in the standard, and the use of the DOT symbol on the item is the most frequently used method of certification. This means that the "DOT approved" headlamps on your 1956 Jeep are replacement sealed beams with DOT markings on them. You ask whether there is any limitation to bulb wattage for auxiliary lamps used to supplement the headlamps when used on the upper beam. There is no wattage limitation; however, if auxiliary lamps were installed by the dealer on a new vehicle before its first sale, we would regard the manufacturer's certification as negated if the brightness and location of the auxiliary lamps were such as to affect an oncoming driver's ability to perceive the front turn signals. Although your Jeep was manufactured long before the effective date of Standard No. 108 (January 1, l969), we ask you to consider this safety concern when adding auxiliary lamps. We do not know the local laws on this subject, and recommend you seek advice from the Department of California Highway Patrol. If you have any further questions, Taylor Vinson of this Office will answer them for you (phone 202-366-5263). Sincerely, Samuel J. Dubbin Chief Counsel AUTO SAFETY HOTLINE (800) 424-9393 Please remember a little courtesy to your fellow driver and you can help save us all from unwanted over-regulation! (ed.) |