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Old 3rd July 2014, 09:36   #21
Polly
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Quote:
Originally Posted by capese21 View Post
Vehicle type approval relates to manufacturers of new vehicles not a bloke adding some lights to his car at home. Not all of the Highway Code is law the sections that are say "Must" some are just guidelines. Big difference imho.

The Highway Code is not the best place to find legal guidance, but since you prefer to quote from it, try rule 89
"Vehicle condition. You MUST ensure your vehicle and trailer comply with the full requirements of the road vehicles (construction and use) Regulations and Road vehicles Lighting Lighting Regulations (see page 124)"
The above is a direct quote from the 2007 edition of the Highway Code, of course someone may tell me that because it's 7 years old it will be out of date,,.. But if it is, I'm sure that it will only be the rule number that will have Changed
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Last edited by Polly; 3rd July 2014 at 10:07..
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Old 3rd July 2014, 09:39   #22
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Quote:
Originally Posted by neilbaker86 View Post
You clearly still don't get this.

Raykay, the highway code, which has nothing to do with this topic and I don't even know why we're even discussing it, it says MUST (in bold) where a law applies, and SHOULD where common sense advice is given.

Legal GUIDANCE from the DfT (as per the document I linked to) is NOT and has nothing to do with the highway code. These are two completely separate entities. 'Should' in this document refers to the Dft's opinion on the legality of retrofitting Xenon gas-discharge lamps to your vehicle. You are of course entitled to your opinion, but without being rude, I think the opinion constructed by lawyers working for a government organisation carries more weight personally.

This guidance is nothing do with the highway code. 'Should' in this document refers to the best legal advice of the lawyers working for the Dft. They cannot state must because it is a legal opinion. Differing legal opinions are settled in court. Hopefully that is now clear.
I have not mentioned the Highway Code, the document from the Department of Transport is only their opinion or advice, it is not legislation - and so uses the word should, rather than the must.

It does not mention anything about any legislation that requires self-levelling or washers to be fitted to vehicles that are retro-fitted with HID headlights, if there was, I would expect a reference to it. The only references are to the Road Vehicles Lighting Regulations - which don't mention them.

Last edited by raykay; 3rd July 2014 at 10:09..
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Old 3rd July 2014, 09:47   #23
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Quote:
Originally Posted by capese21 View Post
With respect you don't either.



The Highway code reference is to make the point that some of it is law and some of it just guidelines.



HID lights are definitely a gray area as they are not mentioned in The Road Vehicle Lighting Regulations 1989 or any of the subsequent amendments.



No one has been prosecuted because the law is not in place. Maybe at some point it will be but at present it isn't.



I have read through the Road Vehicle Lighting Regulations and tedious as they are HID lights are not mentioned. Or have I missed that section? I certainly never came across it.



I will read though them again if I can face it. Same as a lawyer would if a case came to court.



The only mention was that headlights have to be aligned so as not to dazzle. That relates to all type of headlights though.







Ed

If you read them again, I think you will find that HID lights are ILLEGAL on all cars, however, because they have EC approval, they must also be accepted in UK according to EEC rules.
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Old 3rd July 2014, 09:50   #24
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Quote:
Originally Posted by Polly View Post
The Highway Code is not the best place to find legal guidance, but since you prefer to quote from it, try rule 89
"Vehicle condition. You MUST ensure your vehicle and trailer comply with the full will have Chang requirements of the road vehicles (construction and use) Regulations and Road vehicles Lighting Lighting Regulations (see page 124)"
The above is a direct quote from the 2007 edition of the Highway Code, of course someone may tell me that because it's 7 years old it will be out of date,,.. But if it is, I'm sure that it will only be the rule number that will have Changed
Les
There is nothing in the Highway Code, Construction and Use Regulations or Road Vehicle Lighting Regulations that require self levelling or washers to be fitted to a vehicle retro-fitted with HID headlamps, it is only applicable to type approval which is not retrospective.
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Old 3rd July 2014, 09:54   #25
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Quote:
Originally Posted by Polly View Post
If you read them again, I think you will find that HID lights are ILLEGAL on all cars, however, because they have EC approval, they must also be accepted in UK according to EEC rules.
Les
That is why they are not illegal, they don't comply with the Road Vehicle Lighting Regulations, but they do comply with EEC regulations.
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Old 3rd July 2014, 09:55   #26
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Sorry, I mucked up the quote, but the point is , the Highway Code clearly says your vehicle MUST comply with construction and use regulations
Leso

Last edited by Polly; 3rd July 2014 at 10:58..
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Old 3rd July 2014, 09:59   #27
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But the EC construction and use regulation that allows them, includes the condition that you MUST also have self adjusting lamps AND washing.
Why do you now choose to ignore that part of the regulation
Les
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Old 3rd July 2014, 10:04   #28
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Wow, this debate is quite heated and I fear a third war coming.

Thus let me step in as a mediator with the bomb to end all wars.

http://www.unece.org/fileadmin/DAM/t...egs/r48r6e.pdf
The bible by which all associated states must abide.
QUOTE
.......................................
6.2.9. Other requirements
The requirements of paragraph 5.5.2. shall not apply to dipped-beam headlamps.
Dipped-beam headlamps with a light source or LED module(s) producing the
principal dipped beam and having a total objective luminous flux which
exceeds 2,000 lumen [edit: like XENON] shall only be installed in conjunction with the installation of headlamp cleaning device(s) according to Regulation No. 45. 10/
With respect to vertical inclination the provisions of paragraph 6.2.6.2.2. above shall not be applied for dipped-beam headlamps:
(a) With LED module(s) producing the principal dipped beam; or
(b) With a light source producing the principal dipped beam and having an
objective luminous flux which exceeds 2,000 lumen.
Only dipped-beam headlamps according to Regulations Nos. 98 or 112 may be
used to produce bend lighting.
If bend lighting is produced by a horizontal movement of the whole beam or the kink of the elbow of the cut-off, it shall be activated only if the vehicle is in forward motion; this shall not apply if bend lighting is produced for a right turn in right hand traffic (left turn in left hand traffic).
....................
UNQUOTE

I rest my case
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Old 3rd July 2014, 10:36   #29
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We know self levelling and washers have to be fitted to HID headlamp vehicles for Type Approval - ECE regulations, it is after-market fitting that is causing the problem.

Last edited by raykay; 3rd July 2014 at 10:41..
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Old 3rd July 2014, 11:00   #30
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Quote:
Originally Posted by raykay View Post
We know self levelling and washers have to be fitted to HID headlamp vehicles for Type Approval - ECE regulations, it is after-market fitting that is causing the problem.
I don't see the difference???

Why would regulations be different for aftermarket fitting.
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