Everyone's driving experience is different. Some have been turning the steering wheel for decades, while others only recently received their license. But, be that as it may, sitting behind the wheel of a car in the dark, everyone wants to see further and more. Bright light and the maximum possible viewing angle will allow you to navigate the road in time.
How do drivers solve this problem? Differently. Some of them simply try not to drive at night. The latter make sure that their car produces more powerful light. To do this, they install xenon bulbs.
These light sources not only allow you to see perfectly in the dark, but also look very impressive. However, a traffic police officer can issue a fine for xenon, which is undesirable for any driver. That is why it is necessary to study all the negative and positive aspects of using such light bulbs and clearly know the responsibility of the car owner using them.
Positive aspects and history of application
Xenon emits light that is close in its characteristics to daylight. This is why it becomes much easier for the driver to distinguish objects at night. The person driving is not afraid of bad weather conditions. Xenon light is able to pass through drops of fog or rain, perfectly illuminating the road surface. This protects the driver's eyes from unnecessary strain. In addition, xenon light creates a wider beam. And this ability allows him to better see those objects that are on the sidelines.
Xenon lamps are durable. Their service life ranges from 2800 to 3000 hours (for halogen ones - 180-500 hours).
Xenon gas-discharge lamps began to be installed in cars back in 1992. They differed favorably from halogen lamps in their greater light output and low energy consumption.
How to appeal the seizure of your ID
If xenon ultimately becomes the reason for the deprivation of a driver’s license, there is no need to give up and wait 6 to 12 months.
Experienced lawyers know that you can take advantage of the nuances of the law to change the charged article to a more lenient one. As a result, drivers get their licenses back, and as a punishment they pay only 500 rubles.
The point is to prove the legality and legality of using the first paragraph of Article 12.5 in the current situation. That is, you have violated the law that prohibits the operation of a car if it has certain defects. These malfunctions also include the operation of vehicle optics.
You can also apply Article 12.3.1 against the prosecution. It provides a certain list of grounds when a driver can actually be deprived of his license. Namely:
- inconsistencies with the factory design were found in the vehicle;
- the optics are not operating in the correct mode;
- there are violations regarding the type, number or color of vehicle lighting devices.
It is worth noting that often the operating instructions for the car do not contain clauses according to which gas-discharge, that is, xenon, lamps cannot be used. At the same time, the color and temperature in operating mode fully meet the requirements. This allows the punishment to be reclassified as Article 12.5.1. As a result, the driver will receive a warning or a fine of 500 rubles.
There are situations when a driver is still deprived of his license, despite the illegality and bias of the grounds. The motorist has 10 calendar days to appeal this decision. Be sure to make sure that you have strong arguments in your favor, and that your complaint is supported by references to relevant laws and articles.
https://www.youtube.com/watch?v=4UynstcpUCA
Self-installation of xenon
Any car enthusiast can purchase such light bulbs without much difficulty. This product, usually made in China, is offered in all markets selling spare parts. Some car enthusiasts purchase such bulbs so that the headlights of their car provide brighter light in the dark, while others strive to give their “iron horse” a more impressive look.
However, everything is not so simple. A car equipped with such a light begins to look somewhat provincial, and on the road the police are constantly trying to stop the driver in order to issue a fine for xenon. Why is everything happening like this? The answer is quite simple. It is not enough to install one xenon. Car headlights must be equipped with washer nozzles, and in addition, to form the correct luminous flux, a special corrector is required. In the absence of such equipment, you will definitely receive a fine for xenon installed without permission.
There is one more nuance. Your vehicle's headlights should be marked with symbols such as DCDR or DCR. If they are not, then you will also receive a fine for installing xenon. There are cars with DC/HR markings on their headlights. They can be equipped with gas discharge bulbs as a source of low beam only.
Negative sides of xenon
Why does the traffic police impose fines for installing brighter lamps in a car? The fact is that such light blinds oncoming drivers and those driving ahead.
Car owners who decide to install xenon also encounter problems. Such lamps are quite difficult to adjust. In addition, the computers of modern cars do not perceive them as a working element of the circuit, diagnosing a malfunction.
If the headlight is designed for a halogen lamp, then installing xenon may result in flickering light. This mode quickly tires the driver's eyes.
Taking into account the fact that blinding bright light can create an emergency situation on the road, in the legislation of the Russian Federation there is administrative responsibility that allows the traffic police to issue fines for the use of external lighting devices by the car owner that were not originally provided for in the design of the vehicle.
Standard xenon or when there are no restrictions on use
If you have a certificate allowing the use of the appropriate type of lamps in a car, there will be no problems. We are talking about those cars whose headlights are adapted for xenon installation. The main thing is to present the relevant document to the inspector at the time of the stop.
If a car is initially designed only for incandescent lamps, then unauthorized equipping it with xenon is prohibited. Re-equipment is allowed, but only if this circumstance is agreed upon by the traffic police. Otherwise, punishment for illegal use.
Important!
When converting headlights, it will be necessary to introduce additional equipment, in particular a washer element and a tilt regulator, as well as permission from the authorized body to change the configuration.
Amendments to the Code of Administrative Offenses
Since 2012, traffic police officers began to pay attention to which lamps in the headlights of moving cars illuminate the road for drivers. Such actions were due to the introduction of some changes to the Administrative Code. Art. 12.4 and 12.5 of this code began to indicate that only those lamps should be installed in cars that comply with the “Basic Rules for the Operation and Approval of Vehicles” and also do not conflict with GOST. These documents also apply to xenon. They allow its installation only if it is provided for by the car manufacturer.
The Code of Administrative Offenses provided for a fine for xenon in fog lights if the car owner independently changed the design of his car. The citizen had to pay 2.5 thousand rubles and part with the lighting devices. A larger fine was imposed on the company’s transport – from 15 to 20 thousand rubles. As for the individual entrepreneur, they charged from 400 to 500 thousand rubles for installing xenon.
What administrative responsibilities are provided?
According to Part 3 of Art. 12.5 of the Code of Administrative Offenses for driving a car equipped with lighting devices, the color of the lights and operating mode does not comply with the requirements of the Basic Provisions for the admission of a vehicle to operation, provides for the deprivation of a driver's license for a period of six months to one year with confiscation of devices and accessories.
Clause 3.4 of the Basic Provisions for the approval of a vehicle for operation clearly states that the use of lenses and lamps that do not correspond to the type of a specific lighting device is prohibited.
According to GOST certification, automobile headlights can be equipped with either incandescent or halogen lamps, or a light source with gas-discharge lamps, installed at the factory by a certified specialist.
Thus, administrative liability arises only for the use of xenon bulbs in standard car headlights designed for the use of halogen or conventional bulbs. Moreover, both in the main headlights and fog lights.
The use of so-called “legal” xenon, which is installed in special headlights, is permitted by law at automobile manufacturing plants. Also, the car owner can install special headlights for xenon lamps on his car in service centers with certified specialists.
The need for a ban
Traffic police fines for xenon have left many motorists bewildered. Why punish for installing more efficient light sources? However, there are quite a lot of arguments for the application of this law.
For those who were outraged by the innovation, it is worth saying that xenon cannot always improve visibility on the road. Headlights of older car models are not able to create the necessary beam of light. In addition, the owner of a converted car has to solve a large number of problems. Among them: - lack of concentration of light beams over a long distance, which allows you to see only nearby objects; — poor quality xenon made in China.
All this, as well as the creation of an emergency situation due to blinding bright light, made it necessary to prohibit the independent installation of overly bright lamps.
Opinion of road users
It’s too late to talk about the legality of the innovations in the Administrative Code. Changes have been made to the Code, and we have to put up with it. However, there is still no unity on this issue. Some drivers completely agree with such a harsh punishment. They explain their position by the fact that bright xenon light often becomes the culprit in creating emergency situations on the road. There are other opinions. There are drivers who are convinced that the bright xenon light helps them notice a pedestrian or a dangerous hole on the road at night in time, thereby preventing a possible accident. Of course, both sides have weighty arguments.
Non-standard headlights - xenon and LEDs
The recent decision of the Plenum of the Supreme Court put an end to the issue of punishing drivers for installing non-standard headlights. Many car enthusiasts are not satisfied with the exterior lighting of their car (although this is often due to incorrect settings), and they make various changes.
Most often this is the installation of non-standard lamps in original reflectors - xenon or LED
. Technical regulations allow such headlights only in certain cases:
- if they are installed from the factory (that is, they were initially correctly selected and installed);
- if they could be installed from the factory on this car model, and the conversion is registered with the traffic police.
Indeed, now more and more automakers are starting to produce cars with more modern and efficient headlights. But you definitely shouldn’t replace a halogen lamp with a xenon or LED one yourself.
The fact is that the standard reflectors are configured for a halogen lamp, in which the light source is a small point. A xenon lamp is like a “cylinder” of light (it glows with gas, not a spiral), so it will not be reflected correctly. The LED lamp also has its differences.
As a result, a xenon light installed in a garage will not illuminate the road, but will blind drivers
oncoming cars.
Punishment for non-standard lighting devices can be obtained under two articles:
- Part 1 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation “Driving a vehicle in the presence of malfunctions...” - warning or fine of 500 rubles
; - Part 3 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation “Driving a vehicle on the front of which lighting devices with lights are installed...” – deprivation of rights
for a period of 6 months to a year and confiscation of lighting devices.
This is precisely the issue that the recent Resolution of the Plenum of the Supreme Court addresses. Previously, traffic police officers preferred to register violators under Part 3 - since, in their opinion, “the color of the lights and the mode of operation... do not meet the requirements.” The Supreme Court clarified
that non-standard xenon or LED lights do not apply to this, which means the maximum penalty is a fine of 500 rubles.
You can lose your license if you put red lights on the front, or install blue lights on your car, or make a flashing brake light (there are fans of this too). Since xenon and LED headlights are exactly the same light as conventional headlights (in color and mode of operation), the Supreme Court decided that it is not worth depriving of rights for this.
Another question is that the Supreme Court Resolution is recommendations to lower courts, and not to the traffic police. On the other hand, only a court can deprive a driver of his license, so there will be no more abuses.
Don’t forget about Article 20.25 of the Administrative Code. If the inspector issues a fine of 500 rubles and an order to remove non-standard lighting fixtures, this must be done. Otherwise, the fine doubles
, and the violator can go on a 15-day vacation.
In any case, you need to approach the issue of replacing headlight bulbs carefully. It will be much easier and cheaper to buy slightly more expensive lamps and spend money on their proper configuration in a specialized service. This way you can improve your headlights without breaking the law (or endangering oncoming traffic).
Visual inspection
How to avoid a fine for xenon in the form of deprivation of rights? First of all, it is necessary to understand how a traffic police officer can visually determine whether lighting devices comply with technical regulations. In road conditions, this can only be done by markings on the body or glass of the headlights. If the design feature of the car allows only halogen lamps to be installed on it, then we can see the symbol H. For xenon headlights there is a designation D. It happens that there are no markings on the lighting devices at all. This indicates that the headlights are designed for conventional incandescent lamps.
As a rule, the traffic police inspector is limited to checking the markings. He simply does not have the necessary authority for other actions. This benefits many drivers. They use stickers that indicate the xenon type of headlight. Such dodgers simply erase the old markings. Of course, the issue can be resolved this way. However, this is very dangerous. If the traffic police inspector identifies this trick, then it will not be possible to escape punishment.
How to communicate with the traffic police with “illegal” xenon?
If you have installed xenon halogen headlights in your car, then you need to know how to communicate with traffic police officers if they stop you. We will tell you in detail what you should do if traffic police inspectors stopped you for xenon.
What to do if xenon is installed illegally?
If you were stopped by traffic police officers who detected xenon in headlights that were not adapted for this lighting, then follow these steps:
Initially, you need to ask to show the traffic police inspector who stopped you a detailed official ID.
You will need it precisely in order to copy all the real data from it, as well as the number of the badge, and, of course, the telephone number of the duty station. You will need such contact information in the event that any conflicts arise. That is, if you decide to go to court to review the actions of the inspector and prove the legality of the xenon installed in the headlights.
Determine whether the stopping place is a stationary traffic police post.
According to the explanations of the Department ensuring road safety in the Russian Federation, control of the correctness of installed external lighting devices can be checked exclusively at a stationary duty station of the traffic police.
That is, the technical condition, as well as compliance with the rules and requirements for operating the vehicle, can be checked exclusively at a stationary point of traffic police officers.
Ask the inspector to present an official “technical supervision” certificate.
The inspector must be specially trained to inspect the vehicle. If such a document is not provided to you, then you can safely inform the inspector about the illegality of his actions. If the inspector begins to develop a conflict, then you can call 112 from your mobile phone and tell about the current situation, indicating your location and full information about the inspector - full name.
Inform the employee that your vehicle has already passed a technical inspection.
If the traffic police inspector nevertheless tries to draw up a report on you, then when clarifying the conflict, you can indicate the fact that you informed the inspector about the technical inspection and the positive conclusion.
What should you do if your headlights do not have the "D" xenon headlight markings?
If you have unauthorizedly installed xenon equipment in the car headlights of your own vehicle, then the letter “D” will not be there. But, in order to check the markings, the inspector will need to open the hood. You can inform the traffic police officer that you will open the hood of your own vehicle only in the presence of witnesses and with the obligatory drawing up of an inspection report. It is worth noting that the traffic police officer’s partner cannot act as a witness, since he will be considered an interested person.
If the inspector still “puts his side” and points to your partner as a witness, you can call 112 and report violations. Subsequently, you can also write a detailed complaint to the head of the traffic police post and send it to the prosecutor's office.
Ask the traffic police officer why he stopped you.
At this stage, you need to take a photo of your current technical inspection ticket so that the traffic police officer gets into the frame - this will help you later prove that you are right and accuse the inspector of an unlawful stop. In the protocol at the prosecutor's office, you can specify that such and such a photograph was taken and it will be attached to the case as “evidence.”
We fill out the column in the protocol on rights and responsibilities correctly!
If a protocol was nevertheless drawn up against you, then in the column entitled “Responsibilities and rights explained” you need to write that your rights and obligations were not explained and it is under this inscription that you put your own signature. It is worth considering that this can only be done in the event of a real unlawful violation by traffic police officers.
REMEMBER! The employee must not only indicate your rights for independent study on the back of the piece of paper, but independently tell about them. If the driver requests, the inspector is also obliged to explain the procedure for appealing the actions of a traffic police officer, as well as provide full contact information: telephone number, location of the duty station and the real name of the person in charge.
We fill out the protocol correctly in the column “explanations of the person”!
In this line, you need to indicate that you do not agree with the violations that the traffic police officers “hang” on you and you require help from a legal entity - a lawyer.
KNOW!!!
They do not have the right to send your vehicle to a impound lot. The maximum that traffic police officers can do is remove your registration number plate. If this happens, then you are given a period of 24 hours to put your own headlights in order and report to the traffic police post, having with you the appropriate certificate issued by the service station. In this case, traffic police officers will be required to return your license plates.
conclusions
Thus, if you are stopped on the road by traffic police officers, you should not immediately be afraid, but act logically and correctly so that in the end you remain on the side of the truth. If you follow all the recommendations, you will not only not earn a fine, but also not lose your license, vehicle and equipped xenon headlights.
Legal ways to solve the problem
You can avoid punishment in the form of deprivation of your rights and provide yourself with bright light at night in another, simpler, but not cheaper way. It involves installing legal xenon headlights on the car. There will be a D mark on their body, indicating the legality of bright lamps.
However, not many owners will be able to afford such a conversion of their “iron horse”. In addition, there are car models for which it is impossible to find standard xenon. In this case, tuning headlights equipped with lens modules will help solve the problem. It is in them that you can install xenon lamps with a glow temperature not exceeding 4300 K. This is a wonderful option. It will allow the light to maintain the necessary power and the color to be similar to halogen. It is almost impossible to recognize behind the lens whether it is xenon or not. There is another legal way to enhance headlights. You can simply polish the glass. The effect will also be obtained when replacing old headlights with new ones, because plastic loses its light transmittance over the years due to various external influences.
How to avoid penalties for xenon?
To avoid deprivation of rights for xenon headlights, you do not even need to look for loopholes in the law, since this is deprivation of rights and should not be applied for this violation. Deprivation of rights is ordered exclusively by the court, so the citizen held accountable can attend the meeting and defend his position. If you clearly explain the situation and refer to the above-mentioned Technical Regulations of the Customs Union, then there is a great opportunity to reclassify the violation to Part 1 of Art. 12.5 and get only 500 rubles. fine If you pay this fine within 20 days, you will be able to take advantage of a 50 percent discount.
If the court of first instance nevertheless made a decision to confiscate the license, the driver has the right to challenge the decision in a higher court. To increase your chances of success, you can seek help from a professional auto lawyer.
Legal advice
Traffic police officers do not make any claims against legal xenon. It is worth remembering that only state technical inspection inspectors can determine whether headlights comply with existing technical requirements. Moreover, they can do this either at the inspection line, or by going on a raid with traffic police officers.
The use of illegal xenon is classified as a violation of Article 12.5, Part 3 of the Code of Administrative Offenses of the Russian Federation. Let us remind you that according to this article, the driver faces deprivation of his license from six months to a year. Professional lawyers know how to find a loophole in the law, replacing such a severe punishment with a fine of 500 rubles. To do this, you will need to prove that your actions can be qualified under Article 12.5.1 of the same Code, which prohibits the operation of a vehicle with a number of malfunctions. The list of restrictions includes the color of the lights, as well as non-compliance of their operating mode with the requirements set forth by the “Basic provisions for the admission of a vehicle to road traffic.”
In paragraph 3.1 of Art. 12 of the Code of Administrative Offenses states that deprivation of rights is possible if the design of the machine does not correspond to the type, quantity, color, operating mode and location of lighting devices. Which of this list is violated when installing xenon? The location, as well as the number of headlights, their mode of operation? No! The color of the lamps will also comply with GOST if their radiation temperature does not exceed 6000 K. As for the type of lamps, the car instructions usually do not contain instructions prohibiting the installation of xenon.
As a result, all these actions can be brought under Art. 12.5. Part 1 of the Code of Administrative Offenses of the Russian Federation. And this threatens with a warning or a fine of up to five hundred rubles.
Appeal against deprivation
Drivers who promptly obtain legal support have a chance to avoid deprivation. This measure can be replaced by a fine of 500 rubles. If there is no evidence of the lawful use of the article prohibiting the operation of a car with defects, then it is quite possible to get by only with monetary deprivation.
On a note!
Grounds for sanctions: inconsistency in the design of the vehicle, incorrect mode of operation of the headlights, non-compliance of the number and color of lighting elements with the standard.
In a large percentage of cases, a situation may arise in which the vehicle instructions do not clearly prohibit equipping headlights with gas-discharge media. At the same time, the lighting sources do not violate the standards for color and temperature. Then the situation goes according to clause 5 of Art. 12 of the Code of Administrative Offenses, for which a warning or fine is provided.
The court decision can be appealed within 10 days after its adoption. The statement of claim must be reasoned, with reference to legislative norms. It needs to be submitted only in cases where there are compelling prerequisites for recognizing the seizure as an illegal measure.
