A few years ago, on my way back from Ocotillo Wells, I got pulled over by the CHP. It was right were the S-22 hits Hwy 76. He was sitting on the side road and motioned for me to pull over. I figured he was stopping me for my window tint or my non existent front license plate. It was actually for just my uncovered off-road lights. There was getting out of it and I was hit with a $120 fine.
Even though these lights are considered off-road lights, I also use them on the street. The high beams on my Tundra just are not bright enough. It seems when ever drive at night I am always dodging coyotes or some other critters. Looking at this from a safety issue, what is the point of having an extra set of lights if you can’t use them on the street? The truth is you can legally run a pair of off-road lights, with out covers, as long as they can only be activated by your high beam switch. Most people are not aware of this as well as most cops. If you ever do get pulled over keep a copy of this CA vehicle code just incase.
24402. (a) Any motor vehicle may be equipped with not to exceed two auxiliary driving lamps mounted on the front at a height of not less than 16 inches nor more than 42 inches. Driving lamps are lamps designed for supplementing the upper beam from headlamps and may not be lighted with the lower beam. http://www.dmv.ca.gov/pubs/vctop/d12/vc24402.htm
If you are wondering how to legally setup your existing lights, or if you want to add some lights and a harness, Soltek Light System has you covered. We have 4”, 6”, 8” and led lights available, along with a special wiring harness. This simple harness wires directly off your vehicles battery and ties into you high beam wiring. It easily installs in about half an hour. You also do not have to run any wires through your fire wall. If you are a stickler and you must have a toggle switch to turn the lights on, there is a separate switch harness kit available. This toggle switch harness plugs directly into the Soltek harness. If you use the toggle switch remember to cover the lights when you drive on the street. We also offer a splitter harness if you would like to add an additional light. Legally you can only run two.
For your reference I’ve created step by step installation instructions. To start here is a picture of the basic harness.
First detach the ground cable(s) from the vehicle’s battery. From the Soltek harness attach the red fused ring terminal to the positive side of the battery. Attach the black ring terminal lead to the negative terminal or suitable grounding surface.
Now mount the relay to your firewall or inner fender. Make sure to mount it so that the wires are exiting the relay from the bottom. This will prevent water from getting into the relay and damaging it.
Next route the leads for the lights through the front radiator support. If you have Soltek lights simply plug the weather pac connectors from the harness into the lights. If you have other lights, I suggest cutting off your connectors and installing new weather pac connectors. Make sure to secure any excess wiring with zip ties. Be sure it can not be pinched, burned, crushed, or pulled too tight as this well lead to electrical failure.
To activate the lights you will need to determine in you will be using the optional toggle switch harness or the factory high beam wiring. If you are doing it the legal way and using the high beam wiring to activate the lights you will need to attach the yellow and black wires to the wires plugging into your headlights. On a H4 or three prong bulb you will need to identify the positive high beam wire and the negative wire. Looking at the H4 connector from the front, the positive high beam wire should be the terminal on the left. The center upper terminal is usually the positive low beam wire and the negative the terminal on the right. On a single filament bulb you will have only two wires. Again determine what wires are positive and negative. Crimp the included splice connectors onto the wires and plug the yellow wire from the Soltek harness into the positive high beam wire. Plug the black wire into the negative headlight wire.
If you are using the toggle switch you will need to find a suitable location on the dash for the toggle. Mount the switch and route the harness through the fire wall. If you look at the fire wall you can usually find a hole to push the harness through. Next plug the switch harness into the white three prong connector on the Soltek harness. Now locate the short ring terminal extension provided with the switch kit. This extension is used to ground the relay and insulate the exposed hot lead in the Soltek wiring harness when the vehicles’ high beam switch is not being used to trigger the lights. Attach the extension wires (yellow & black) to the yellow & black wire pair from the main Soltek harness. Attach the ring terminal from the extension to the chassis of the vehicle.
If you want do not want to use the crimp connectors you can purchase this little H4 adapter plug. It simply plugs into your factory connector and has a new connector to plug into your headlight. It also has the connections for the yellow and black wires to plug into.
Lastly reattach your ground cable(s) to your battery and test you lights. If you wired them correctly the lights should come on with the high beams or by flipping the toggle switch. If you wired them to your high beams and they do not come it’s possible you plugged the yellow and black wires into the wrong wires. If you reverse polarity to these wires it will burn the relay and pop your headlight fuse. Replace the relay and fuse and try again. If you have any questions please give us a call. Note that the white connector on the harness will not be used if you are not using the optional toggle switch harness.
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[QUOTE=tundraman;980831]The truth is you can legally run a pair of off-road lights, with out covers, as long as they can only be activated by your high beam switch.
[QUOTE/]
May I inquire which was the University in which you matriculated, where you graduated from law school, when you passed the California Bar Exam and were admitted to practice?
I believe your statement is as false as your premise.
True off road lights are never street legal. Auxiliary low wattage lights to augment your high beams can be legal, if mounted, wired and used in accordance with California law, but not true high performance off road lights. Why not?
Even when dimmed well before the minimum footage as prescribed, they can, and have, blinded oncoming drivers. Hence, they are NOT legal, and operation thereof unsafe and a violation of the California Vehicle Code.
Hey! You kids!! Get OFF my driveway!!! If you can't go away happy, just go away!
At the time they were not behind the grill. I had them mounted to a small bumper bar.
[quote=NoBrakes Drake;981204]
Originally Posted by tundraman
The truth is you can legally run a pair of off-road lights, with out covers, as long as they can only be activated by your high beam switch.
[QUOTE/]
May I inquire which was the University in which you matriculated, where you graduated from law school, when you passed the California Bar Exam and were admitted to practice?
I believe your statement is as false as your premise.
True off road lights are never street legal. Auxiliary low wattage lights to augment your high beams can be legal, if mounted, wired and used in accordance with California law, but not true high performance off road lights. Why not?
Even when dimmed well before the minimum footage as prescribed, they can, and have, blinded oncoming drivers. Hence, they are NOT legal, and operation thereof unsafe and a violation of the California Vehicle Code.
Actually I did graduate from Sacramento State with a business degree and took some tort law classes, but I am definitely not a lawyer. I am not giving legal advice. I am simply trying to inform my fellow off road community on what I have found. From what I have read in the Ca vehicle code, there is no distinction between off road and on road driving lamps. There is no mention of them having to be of a certain wattage nor can I find a maximum footage which they can not illuminate past. If you know of or found something to the contrary please let us know.
If you read this section which describes spot lamps, http://www.dmv.ca.gov/pubs/vctop/d12/vc24404.htm which can be on all the time, there are bulb and distance limitations. Again this is because the spot lights are on all the time to supplement your low beams. If you are wiring the lights as passing lights, which again can only be activated by your hi beams, you should be able to run what ever you want. Of course you might blind some one for a second if you do not turn them off in time, but you can also blind people with your factory hi beams too. For safety issues I find the factory headlights on most vehicles unsafe and I will always run a pair of passing lights. I am an advocate of safety and would never recommend anything to my customers that I thought was unsafe.
Last edited by tundraman; December 11th, 2009 at 10:23.
Actually I did graduate from Sacramento State with a business degree and took some tort law classes, but I am definitely not a lawyer. I am not giving legal advice. I am simply trying to inform my fellow off road community on what I have found. From what I have read in the Ca vehicle code, there is no distinction between off road and on road driving lamps. There is no mention of them having to be of a certain wattage nor can I find a maximum footage which they can not illuminate past. If you know of or found something to the contrary please let us know.
If you read this section which describes spot lamps, http://www.dmv.ca.gov/pubs/vctop/d12/vc24404.htm which can be on all the time, there are bulb and distance limitations. Again this is because the spot lights are on all the time to supplement your low beams. If you are wiring the lights as passing lights, which again can only be activated by your hi beams, you should be able to run what ever you want. Of course you might blind some one for a second if you do not turn them off in time, but you can also blind people with your factory hi beams too. For safety issues I find the factory headlights on most vehicles unsafe and I will always run a pair of passing lights. I am an advocate of safety and would never recommend anything to my customers that I thought was unsafe.
Not knowing what section was used, I'll throw this out there.
This is section Bajades was cited for 24411 CVC. This would be the correct section in correlation to the next section that governs light's themselves.
This is supposition and not knowing the officers experience, I think he's reading into the code and using the "driven upon highway" part to ding you. Did he see you enter from off-road? Hard to say.
Now once your on the highway, 24405 CVC should cover you as your vehicle headlights are counted as one each. Then add the two you have at the grill, gives you four.
Obvious an area that needs to be more specific. It's a law that been around for a long time and it's something that will continue until case law comes out on it.
Also be careful of wiring them together. In section 24411 it states "shall
be wired independently of all other lighting circuits". Don't rely on 24255 CVC to cover you for wiring them together. Might not fly in court.
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.
24405. (a) Not more than four lamps of the following types showing
to the front of a vehicle may be lighted at any one time:
(1) Headlamps.
(2) Auxiliary driving or passing lamps.
(3) Fog lamps.
(4) Warning lamps.
(5) Spot lamps.
(6) Gaseous discharge lamps specified in Section 25258.
(b) For the purpose of this section each pair of a dual headlamp
system shall be considered as one lamp.
(c) Subdivision (a) does not apply to any authorized emergency
vehicle.
24405. (a) Not more than four lamps of the following types showing
to the front of a vehicle may be lighted at any one time:
(1) Headlamps.
(2) Auxiliary driving or passing lamps.
(3) Fog lamps.
(4) Warning lamps.
(5) Spot lamps.
So if my factory fog lights are removed do I now have 8 total lights?
The truth is you can legally run a pair of off-road lights, with out covers, as long as they can only be activated by your high beam switch.
[QUOTE/]
May I inquire which was the University in which you matriculated, where you graduated from law school, when you passed the California Bar Exam and were admitted to practice?
I believe your statement is as false as your premise.
True off road lights are never street legal. Auxiliary low wattage lights to augment your high beams can be legal, if mounted, wired and used in accordance with California law, but not true high performance off road lights. Why not?
Even when dimmed well before the minimum footage as prescribed, they can, and have, blinded oncoming drivers. Hence, they are NOT legal, and operation thereof unsafe and a violation of the California Vehicle Code.
No Brakes,
you may be correct, but based on California's poorly written vehicle code regarding auxiliary lights and fog or passing lights, the California Highway Patrol has no way to defend their position on auxiliary lamps when they are wired and positioned per the California vehicle code. Currently there is no way for them to distinguish between legal and "illegal" lamps. Neither the SAE or DOT regulate auxiliary lamps. Even the factory fog lamps on my Tundra have no DOT or SAE codes.
On the morning of May 4, 2009, I was cited by a CHP officer for not having “off road light” covers per California vehicle code section 24411. The ticket is "non-correctable" and is an automatic fine of $165.
He made no attempt to inspect the lights for any markings, mounting, aiming considerations or whether or not they were switched with the factory headlamps.
I challenged the ticket in writing to the court (I didn't want to sit in the court room for 3 hours while other plead their cases). I submitted photos and documentation of the wiring and position of the lights. I also included the information below from the NHTSA and previous California precedent in court on "Driving lamps". The ticket was dismissed.
So legal or illegal? There is no way for a person or and officer to make this determination because there is no way to determine this by examining any auxiliary lights on the market, to my knowledge. If No Brakes has evidence to the contrary, I sure would like to hear it. Can an officer write a ticket for not having "off-road" lights covered? Absolutely! Is it defendable in court? If the lights are wired and positioned according the vehicle code, definitely.
From the National Highway Traffic Safety Administration
"1. Who regulates auxiliary driving lights - the Society of Automotive Engineers (SAE) or the Department of Transportation (DOT)?"
DOT has not established specifications for auxiliary lamps such as driving, fog, etc., and does not directly regulate them. Unlike headlamps, for example, Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices and Associated Equipment does not require auxiliary driving lamps to be original equipment on motor vehicles. However, they must not be installed on a motor vehicle, either as original or aftermarket equipment, in a manner that impairs the effectiveness of required lighting equipment (e.g., mounted so close to a turn signal lamp as to mask its signal), and they should not be used as substitutes for headlamps. In addition, DOT has broad jurisdiction over "motor vehicle equipment"; thus, if auxiliary lamps are determined to have a safety related defect, their manufacturer must notify customers and remedy the defect.
The SAE is not a regulatory body and compliance with its standards and recommended practices is voluntary and of no legal significance, unless those standards have been incorporated by reference into Standard No. 108 and/or a State's motor vehicle laws. As stated above, SAE provisions on auxiliary driving, fog, and other such lamps have not been incorporated as Federal requirements.
"2. If no one currently regulates these automotive parts, are there plans at the Federal level to regulate these lights in the future? Who will regulate them and what will be the requirements?"
We have no plans at this time to regulate auxiliary driving or auxiliary lower beam headlamps in the future, but we have publicly stated our intent to regulate front and rear fog lamps. Whether this will actually occur we cannot say at this time, but it is likely that any regulations will be based on both SAE and European standards.
"3. Do individual states have different restrictions regarding auxiliary driving lights?
4. If the answer is yes, would you please provide me with information on these different restrictions and with contact names for the various state agencies?"
In the absence of Federal regulations, each State may regulate any and all auxiliary lamps under State laws. There may be States with restrictions. However, we are not conversant with the laws of the individual States, and I regret that we are unable to provide you with contact names in the office of the Motor Vehicle Administrator of each State.
"5. What does it mean when a light manufacturer says "This light is DOT/SAE approved?" or "This light is AAMVA approved?"
The phrase "DOT/SAE approved" should never be used. DOT does not have the authority to "approve" or "disapprove" motor vehicle equipment. To the best of our knowledge, SAE does not approve lamps either. Sometimes a manufacturer will use the phrase to imply that the lamp has been manufactured to SAE specifications that have been incorporated into Standard No. 108 as Federal requirements. If this is the case, the manufacturer may simply mark the lamp "DOT" as its certification that the lamp has been manufactured to conform to all applicable requirements of Standard No. 108. Otherwise, the manufacturer must certify compliance by means of a label on the lamp or on the container in which it is equipped. In cases where "DOT/SAE approved" appears on auxiliary lamps and their packages, the marking is meaningless. We shall answer your question on AAMVA under Question 7. below
"6. Who is the AAMVA?"
"AAMVA" is the abbreviation for the American Association of Motor Vehicle Administrators, an organization whose members are the motor vehicle administrators of the individual States. It is located at 4600 Wilson Boulevard, Arlington, VA 22203.
"7. What role does the AAMVA play in regulating auxiliary driving lights or any automotive lighting.?"
Some States require registration of manufacturers doing business within their borders. Because auxiliary lamps are not required lighting equipment under Standard No. 108, a State may set its own standard for these lamps, and require manufacturers to obtain a certificate of conformance with the State standard as a condition for selling the auxiliary lamps in the State. We understand that AAMVA previously performed the service of obtaining these certificates. However, another organization appears to have assumed that role. This new organization is the Automotive Manufacturers Equipment Compliance Agency, Inc. (AMECA), Suite 605, 1101 15th St. N.W.,
Washington, D.C. 20005. I am not familiar with the phrase "This lamp is AAMVA approved" but it may mean that AAMVA had obtained the necessary clearances for sale of the lamp in those States which permit AAMVA-approved lamps.
"8. How does a light manufacturer get his/her lights approved for sale at the federal and state levels?"
As I explained earlier, DOT has no authority to "approve" lighting equipment. All that is required under Federal law for a lamp to be sold is that it comply with all applicable Federal motor vehicle safety standards and bear its manufacturer's certification of compliance in the form indicated in response to Question 5. Since no Federal requirements apply to driving lamps, no permission to sell or certify is required under Federal law. The individual States may require State approval before sale, and we recommend that you consult AMECA as to its recommendations for sale in the individual States.
If you have any questions, you may refer them to Taylor Vinson of this Office ( 202-366-5263 ).
Sincerely,
John Womack
Acting Chief Counsel
ref:108
d:/8/97
RULING
EL DORADO CO. SUPERIOR CT.
FILED 12-30-96
No . PV-001706
APPELLATE DECISION
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF EL DORADO
THE PEOPLE OF THE STATE OF CALIFORNIA
vs.
RICHARD RUSSELL
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:
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.
Officer Lord testified that he looks at the auxiliary light to see if there is an SAE stamp; if not, he considers it to be an auxiliary light which must be covered pursuant to Vehicle Code § 24411.
Appellant contends that the two auxiliary lamps on his vehicle are "driving lights" and conform to Vehicle Code § 24402 and are not "off-road lights" regulated by Vehicle Code § 24411. Appellant submits Federal Motor Safety regulations and Department of'. Transportation regulations that along with the provisions of Vehicle Code § 24402 make no provision for the lights being covered or requiring SAE approval.
Vehicle Code § 24402 provides, in relevant part:
Any motor vehicle may be equipped with not to exceed two auxiliary driving lamps mounted on the front at a height of not less than 16 inches nor more than 42 inches. Driving lamps are lamps designed for supplementing the upper beam from headlamps and may not be lighted with the lower beam.
Driving, passing, and fog lights are all "auxiliary lighting equipment" within the definition of Vehicle Code § 375(a); similarly, all three types are considered auxiliary lights under the California regulations pertaining to motor vehicles [13 Cal. Admin. C. § 710]. Auxiliary lamps must meet certain mechanical testing requirements set forth in 13 Cal. Admin. C. § 711; there is not evidence in the record that appellant's lights failed to meet any of these requirements. Each type of auxiliary light must meet certain photometric test requirements; while passing lamps and fog lamps must meet certain SAE requirements, driving lights must only meet requirements specified in 13 Cal. Admin. C. § 712 (a) ; there are no SAE requirements, and there is no evidence that appellant's lights failed to meet the requirements set forth in the Administrative Code.
There is no federal regulation of driving, passing, or fog lights; the California Highway Patrol is therefore authorized to establish requirements for such lighting [13 Cal. Admin. C. §§ 622; 623(b)]. There is no evidence in the record of what, if any, requirements CHP has established for the regulation of this equipment. There is no way of ascertaining from the law and the record in this case whether Officer Lord's determination is arbitrary and personal to him or whether it reflects some CHP standard.
The uncontradicted evidence in this case demonstrates that appellant'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 the 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.
Vehicle Code § 24402 was added to the Vehicle Code in 1959; Vehicle Code § 24411 was last amended in 1986. It is a principle of statutory construction that it is assumed that the Legislature has existing laws in
mind when it enacts a statute. "The failure of the Legislature to change the law in a particular respect when the subject is generally before it and changes in other respects are made is indicative of an intent to leave the law as it stands in the aspects not amended" [Estate of McDill (1975) 14 Cal.3d 831, 838]. Further, when a statute is susceptible of two reasonable constructions, it must construed "as favorably to the defendant as its language and the circumstances of its application may reasonably permit" [Keller vs. Superior Court (1970) 2 Cal.3d 619, 631].
The judgment of the trial court is reversed.
Dated: December 26, 1996
EDDIE T. KELLER
Judge of the Superior Court
TERRENCE m. FINNEY
Judge of the Superior Court
CHARLES E. GOFF
Superior Court Judge, Assigned
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Originally Posted by Shaggy
