Deprivation of rights for xenon: article of the Code of Administrative Offenses, traffic rules

We have already talked about the difference between xenon and bi-xenon on our website Vodi.su.

The advantages of such external lighting devices over halogen are obvious:

• the color spectrum is much closer to daylight - that is, white;
• the luminous flux is clearly visible even in conditions of poor visibility - fog, rain, snowfall;
• xenon lamps last longer than halogen ones due to the lack of a filament;
• the fourth point is savings, they consume only 35 kW, while halogen needs 55 kW.

Manufacturers have long appreciated all these positive aspects and almost all cars of the middle and upper classes come with xenon and bi-xenon. But if you have a car that is still an old year of manufacture, then you can switch to xenon without any problems - there are lamp sets for sale that are suitable for any domestic cars.

True, there is a possibility that you will be deprived of your rights, but this is if the installed lighting devices do not comply with the “Basic Provisions for the Admission of the Vehicle to Operation”, section three. If the inspector notices any inconsistencies, then he will have the right to apply Article 12.5 Part 3 of the Code of Administrative Offenses to you - deprivation of the VU for 6-12 months with confiscation of devices.

This issue is very relevant, since many drivers install much cheaper fakes instead of really branded and GOST-approved and certificated xenon lamps. Therefore, we will try to figure out whether deprivation of rights for xenon is permissible and in what cases.

Why are they deprived?

To deal with this issue, it is necessary to analyze Russian legislation and some documents:

• Regulations on the admission of the vehicle to operation;
• Administrative Code;
• 185 order of the Ministry of Internal Affairs;
• GOST 51709-2001.

What does the article of the Code of Administrative Offenses say, for violation of which they can be deprived of rights:

"There are red headlights in front, as well as appliances not listed in the approval regulations."

Accordingly, we raise the “Regulations” and read the main points:

• on those models of cars that are no longer produced, it is allowed to install devices from other models of the vehicle;
• headlights must be adjusted according to GOST (the number is indicated above);
• they must be clean and in working order;
• lamps and diffusers fit the design of the headlight;
• the colors of the front optics are white, yellow or orange, the reflectors are only white;
• rear - reversing lights should be white, lighting fixtures - white, yellow, orange, reflectors - red.

And one more important point - the number of lighting devices must also correspond to the design features of this car. As we remember, additional installation of DRL lamps is allowed if they were not provided by the manufacturer.

From all of the above, the question arises - what requirements did the driver violate if he installed even uncertified xenon lamps?

The answer is obvious - you can be held liable only in the following cases:

• the number of lighting devices is exceeded - for example, four dipped and main beam headlights;
• the color temperature does not meet the requirements - xenon gives white daylight, close to the light of a fluorescent lamp (about 6000 kelvins) - that is, in this case there can be no complaints (in GOST, by the way, it is also indicated that the dipped and main beam should be white );
• adjustment is violated - it is possible to check the adjustment of the headlights only on a specially equipped site, but it is impossible to determine it by eye.

How to prove your case?

So, let's imagine a painfully familiar situation - a traffic cop stops you, although you did not violate the rules of the road.

What's next?

According to order 185, which we wrote about on Vodi.su, you must explain the reason for the stop:

• visually or with the help of technical means detected inconsistencies with the provisions on the safety of DD;
• the presence of data on the commission of offenses or the use of the vehicle for illegal purposes;
• conducting special operations;
• the help of the owner of the car as a witness is needed, for the delivery of victims of an accident to the hospital, etc.

That is, you should be told that your headlights are not working properly. If this fact takes place, then it is difficult to prove something. If everything is fine with the lighting devices, then demand an inspection (and this requires a special platform).

In addition, according to the same Order 185 of the Ministry of Internal Affairs, you may be asked to open the hood to verify unit numbers (only at a stationary post).

In this case, the inspector can check the marking of the lamp and its compliance with the type of headlight. However, if there is a discrepancy, then this is not a reason to deprive the rights, since the requirements of GOST must also be violated.

If the inspector begins to draw up a protocol, then you need to write in the “Explanations” column that you disagree with the decision and did not violate any norms of the law.

Thus, we come to the conclusion that they can deprive the rights, but only in those cases when the requirements of the basic provisions for the admission of the vehicle to operation are grossly violated or you yourself admitted your guilt by signing the protocol.

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