Originally Posted By: mikered30
Isn't installing aftermarket HIDs illegal in all 50 states?
Every state has it's own code. Police enforce state law and and appear in state court rather than federal court. Some federal law can be incorporated by reference into state law as specifically stated in the state code.
Here is a test. Using Oregon code, what section would you be charged under?
Here is the code:
816.050 Headlights; rules. Each of the following is a requirement for headlights as described:
(1) On vehicles required to be equipped with two or more headlights under ORS 816.320 and 816.330 the headlights shall be equally distributed on each side of the front of the vehicle. This subsection does not apply to motorcycles and mopeds.
(2) Headlights shall show a continuously burning light except that:
(a) When permitted under ORS 814.320, headlights for motorcycles or mopeds may have an upper beam that can be modulated between a high and lower brightness at a rate of 200 to 280 pulses per minute.
(b) A federally approved headlight flashing system may be used as emergency vehicle lights on police, fire, emergency or ambulance vehicles.
(3) Headlights shall show a white light described in Standard Number 108 of the Federal Motor Vehicle Safety Standards.
(4) Headlights shall show the light forward.
(5) The Department of Transportation shall adopt and enforce rules establishing minimum standards and specifications for headlights. The rules shall conform, insofar as practicable, to safety standards and specifications for vehicle lighting issued by the federal government or to standards and recommendations established by the Society of Automotive Engineers.
(6) When multiple beam headlights are used or when headlights are used in combination with auxiliary lights or passing lights, the lights shall be arranged on the vehicle so that the selection between distributions of light projected to different elevations may be selected by the driver at will or so that the selection can be made automatically.
(7) Headlights shall be aimed in accordance with rules adopted by the department. If headlights provide only a single distribution of light and are not supplemented by auxiliary lights, the single beam headlights shall be so aimed that when the vehicle is not loaded, none of the high intensity portion of the light shall, at a distance of 25 feet ahead of the vehicle, project higher than five inches below the level of the center of the lamp from which it comes, or higher than 42 inches above the level on which the vehicle stands at a distance of 75 feet ahead of the vehicle.
(8) The intensity of the light of single beam headlights shall be sufficient to reveal persons and vehicles upon a street or highway at a distance of at least 200 feet ahead of the vehicle to which they are attached.
(9) Headlights that are required under ORS 816.320 and 816.330 must be mounted, adjusted and aimed in accordance with standards adopted by the department under ORS 816.010.
(10) Headlights that are required under ORS 816.320 and 816.330 and any part for such headlight that tends to change the original design or performance must be of a type that complies with standards adopted by the department under ORS 816.010.
(11) Single beam headlights that are not supplemented by auxiliary lights shall be permitted on a motor vehicle in lieu of multiple beam headlights only if the single distribution of lights complies with any requirements for single beam headlights under this section. [1983 c.338 §458 (2); 1985 c.16 §240 (2); 1985 c.69 §1 (2); 1985 c.71 §4 (2); 1985 c.393 §13 (2); 1985 c.420 §6 (2); 1989 c.402 §8; 1991 c.769 §1; 2003 c.158 §20]
PROHIBITED LIGHTS
816.350 Prohibitions on number and kind of lights for certain vehicles. This section establishes requirements for ORS 816.360. When specific types of lighting equipment are mentioned by this section, those types are types described under ORS 816.040 to 816.290. Except as allowed under this section or where an exemption under ORS 816.370 specifically provides otherwise, a vehicle that does not comply with this section is in violation of ORS 816.360:
(1)(a) A motorcycle may not be equipped with more than three headlights.
(b) A moped may not be equipped with more than two headlights.
(2) Except when blue or purple inserts are allowed under ORS 816.080, 816.100 or 816.120, no vehicle may have any lighting equipment mounted on the rear that displays or reflects any color other than red except for the following lighting equipment:
(a) Turn signal lights.
(b) Rear mounted lighting systems.
(c) Registration plate lights.
(d) Back-up lights.
(3) Except as otherwise allowed under this section, only the following types of vehicles may be equipped with public vehicle warning lights:
(a) A vehicle operated by the state, or any county, city, district or other political subdivision of the state, and used for the construction, improvement, repair, maintenance, operation or patrol of any public highway.
(b) Vehicles operated by a public utility or telecommunications utility involved in maintenance, repair or construction of their facilities along public rights of way.
(4) Vehicles operated by a police officer and used for law enforcement may be equipped with any type of police lights, but only these vehicles may be equipped with blue lights.
(5) Except as otherwise allowed under this section, only a vehicle operated by a weighmaster or motor carrier enforcement officer proceeding under the authority of ORS 810.530 may be equipped with weighmaster warning lights.
(6) Except as otherwise allowed under this section, only tow vehicles may be equipped with tow vehicle warning lights.
(7) Except as otherwise allowed under this section, only a motor vehicle escort accompanying a motor vehicle carrying or towing a load of a size or description not permitted under ORS 815.160, 815.170, 818.020, 818.060, 818.090, 818.110, 818.160 and 818.300 may be equipped with a pilot vehicle warning light.
(8) Except as otherwise allowed under this section, only the following vehicles may be equipped with bus safety lights:
(a) School buses.
(b) Worker transport buses.
(c) Vehicles issued a permit under ORS 818.260.
(9) No vehicle except a vehicle used in active service transporting United States Mail may be equipped with mail delivery lights.
(10) Except as otherwise allowed under this section, fire company warning lights may only be used on the following vehicles:
(a) An emergency vehicle.
(b) A vehicle authorized under a permit issued under ORS 818.250.
(c) Funeral lead vehicles and funeral escort vehicles used to escort funeral processions.
(11) Except as otherwise allowed under this section, no vehicle or equipment may display or carry any lighting equipment or device with a red light visible from directly in front of the vehicle or equipment.
(12) Except as otherwise allowed under this section, all flashing lights are prohibited on all motor vehicles on any street or highway except for turn signals, hazard lights and headlight flashing systems described in ORS 816.050.
(13) No motor vehicle other than an emergency vehicle may be equipped with more than one spotlight.
(14) No motor vehicle may be equipped with more than two cowl or fender lights.
(15) A vehicle at the scene of an actual or potential release of hazardous materials may be equipped with warning lights as described in ORS 816.280 (1)(d).
(16) A vehicle being used by medical examiners to reach the scene of an accident or of a death investigation may be equipped with warning lights as described in ORS 816.280 (1)(e).
(17) A vehicle may be equipped with covers on any of the following lights if the covers are removed when the lights are required to be in operation:
(a) Headlights under ORS 816.050.
(b) Taillights under ORS 816.080.
(c) Brake lights under ORS 816.100.
(d) Turn signals under ORS 816.120.
(e) Reflectors under ORS 816.180.
(18) A commercial vehicle, as defined in ORS 801.210 (2), may be equipped with commercial vehicle warning lights. [1983 c.338 §464; 1985 c.16 §243; 1985 c.71 §6; 1987 c.447 §140; 1989 c.402 §13; 1991 c.482 §17; 1991 c.769 §2; 1993 c.741 §105; 1997 c.492 §4; 1999 c.497 §3; 2003 c.118 §1; 2003 c.158 §31; 2003 c.245 §4]
816.010 Authority to adopt and enforce standards for lighting equipment; testing for compliance with standards. (1) The Department of Transportation shall adopt and enforce minimum standards for vehicle lighting equipment under ORS 816.040 to 816.290 including installation, adjustment and aiming and adjustment when in use on motor vehicles.
(2) As federal regulations concerning vehicle lighting equipment are subsequently amended or repealed, the department may consider subsequent federal vehicle lighting equipment standards and adopt standards with respect to any vehicle lighting equipment applicable to the same aspect of performance of the vehicle lighting equipment if the department determines that the subsequent federal standards are practicable, provide an objective standard and meet the need for vehicle safety.
(3) When the department has reason to believe that any lighting equipment, as it is being sold commercially, does not comply with established standards, the department may have the device tested by a recognized testing laboratory to determine if the lighting equipment complies with the standards adopted under this section.
(4) Standards adopted under this section must be consistent with vehicle standards established under federal regulations or by the Society of Automotive Engineers.
(5) Standards adopted by the department under this section supersede any equipment provision of the vehicle code applicable to the same aspect of performance that conflicts with a specific provision of a standard adopted by the department under this section with respect to compliance with safety standards in effect at the time of sale.
(6) The department shall continue to adopt equipment standards as required under other sections of the vehicle code if there are no standards under this section.
(7) The department may at any time purchase in the open market and submit to the testing laboratory one or more sets of any lighting equipment, and if the lighting equipment, upon testing, fails to meet the standards adopted for lighting equipment under this section, the department shall enforce the penalties set forth in ORS 816.030 to 816.300.
(8) Prohibitions and penalties relating to the standards adopted under this section are set forth in ORS 816.030 to 816.300. [1983 c.338 §447; 2003 c.158 §17]
