HiDs - 'definitive' answer from the DfT

[rtz62]

She Who Must Be Obeyed just received the below in response to a formal request for clarification regarding the legality of 'aftermarket HiD lights'

Top and bottom is it appears that they say "no" but please read and digest for yourself...

------------Information Sheet------------


Aftermarket HID Headlamps


Statement
This document provides general guidance and advice on the legislative requirements in Great Britain relating to aftermarket HID headlamps. Every effort has been made to ensure that it is factually correct but recipients should check with the producers of this document if they have reason to believe any part is not correct or is now out of date.

General requirements

In the Department for Transport's (DfT) view it is not legal to sell or use after market HID lighting kits, for converting conventional Halogen headlamps to HID Xenon. If a customer wants to convert his vehicle to Xenon HID he must purchase completely new Xenon HID headlamps. The reason for this is that the existing lens and reflector are designed around a Halogen filament bulb, working to very precise tolerances. If one places a HID "burner" (bulb) in the headlamp, the beam pattern will not be correct, there will be glare in some places and not enough light in other places within the beam pattern.

The following is the legal rationale:

The Road Vehicle Lighting Regulations 1989 regulate the situation in the UK.
Under these Regulations, HID/Gas Discharge/Xenon headlamps are not mentioned and therefore they are not permitted according to the strict letter of the law.

However new vehicles have HID headlamps. This is because they comply with European type approval regulations. The UK cannot refuse to register a vehicle with a European type approval. These approvals relate to ECE Regulation 98 (for the HID headlamps which are tested on a rig in a laboratory) and ECE Regulation 48 (lighting installation on the vehicle).

For the aftermarket, a used vehicle cannot obtain type approval because this only applies to new vehicles. However DfT does not think it reasonable simply to ban HID in the aftermarket. Instead the Department makes analogies with new vehicles. It seems reasonable to require HID in the aftermarket to meet the same safety standards as those for new vehicles. The same level of safety should apply.


Therefore a HID headlamp unit sold in the aftermarket should:
1. be type approved to ECE Regulation 98 as a component;
2. when fitted to the vehicle should enable ECE Regulation 48 to be complied with (although no government inspection will take place); and
3. comply with RVLR as far as "use" is concerned.

In practice this means:
1. The headlamp unit (outer lens, reflector, bulb) shall be type approved to ECE 98 and be "e-marked" to demonstrate this. That can only be done by the headlamp supplier - Hella, Valeo etc. - who must test the headlamp in an independent laboratory.
2. Once fitted to the vehicle it must have headlamp cleaning and self-levelling (which can be for the headlamp or can be in the vehicle suspension - some expensive estate cars have "self-levelling suspension" and that is adequate). Also the dipped beam must stay on with the main beam.
3. The headlamp must be maintained in good working order, kept clean, and aligned/adjusted correctly in the same way as any other headlamp.

Under the Road Traffic Act 1988 it is an offence to supply, fit or use vehicle parts which are not legal.

In summary: it is not permitted to convert an existing halogen headlamp unit for use with HID bulbs. The entire headlamp unit must be replaced with one designed and approved for use with HID bulbs and it must be installed in accordance with the rules stated above.

Further information
A note on legislation for vehicle lighting is annexed to this information sheet.
If you require any further information regarding the content of this information sheet, please contact the DfT at the address below:

International Vehicle Standards
Department for Transport
Zone 1/33
Great Minster House
33 Horseferry Road
London
SW1P 4DR
Telephone: 020 7944 2091
Fax: 020 7944 2196
Email: TTS.enquiries@dft.gsi.gov.uk

NOTE: The information in this document is a summary of DfT’s understanding of what the law requires. However, ultimately the interpretation of the law is a matter for the courts based on individual facts of any particular case. You are therefore advised to consult the relevant legislation and, if necessary, seek independent advice.

[SteveS]

Well researched mate, as always it seems that these things are sorted in the courts where case law rules, although i am not aware that any cases are going through or have been through the courts to date to set a presidence in future. Well done

[Steveyk]

good work sir, but who's going to be first to take thier HIDs out?

[Megaman]

good work sir, but who's going to be first to take thier HIDs out?

I thought your car <ahem> came with HIDs?

[Steveyk]

good work sir, but who's going to be first to take thier HIDs out?

I thought your car <ahem> came with HIDs?

Excuses for the MOT man:

"they were on it when I bought it"

"You passed it last year like that!"

"Headlight washers, no problem..." (get damp sponge from boot)

[rtz62]

Thanks,

there is also something in an even-more-recent DfT answer that says soemthing like (and excuse the paraphrase) - if in doubt, the tester shall give the benefit of the doubt. How can a law be made so vague as to make it almost unenforceable?

I think that this will, by its very nature, need a 'stated case' at the High Court (pity, such a waste of judicial time for something that could have been made so balck and white, so to speak!).

As it stands, there is no real arguement that an MOT tester is being over zealous or the Hitler Youth cop is exceeding their authority (I use the phrase advisedly, I used to be one!)

[SteveS]

As it stands, there is no real arguement that an MOT tester is being over zealous or the Hitler Youth cop is exceeding their authority (I use the phrase advisedly, I used to be one!)

I hope you meant an MOT tester and not a Hitler youth Cop...we never had one of those on this site before, at least you can reason with a Hiltler youth cop.

[rtz62]

Er, I've never been an MOT tester, if that helps...!!!

[SteveS]

[WR1 Bro]

Er, I've never been an MOT tester, if that helps...!!!

What is a Hitler Youth Cop?

[rtz62]

An officious, unctuous upholder of the law who has ideas above his station and is both arrogant and ignorant.
Luckily u only supervised a couple like that who were quickly brought into line; as I told them, treat others as you would wish to be treated. Or let's examine the meaning if the letter P and the number 45...

[WR1 Bro]

An officious, unctuous upholder of the law who has ideas above his station and is both arrogant and ignorant.
Luckily u only supervised a couple like that who were quickly brought into line; as I told them, treat others as you would wish to be treated. Or let's examine the meaning if the letter P and the number 45...

Sounds like the perfect copper