Today, the problem of installing xenon lamps in headlights is very relevant, because many consider them to be the best compared to halogen ones. We will analyze whether this is true and whether deprivation of rights and a fine for xenon are provided for in 2017.
Features of installing xenon
Before clarifying what fine for xenon can be issued in 2017, let's look at why drivers choose these types of lamps. Xenon shines brighter and better illuminates the road, you can not argue with this fact.
But it is worth remembering that headlights are designed for a certain type of lamp. Reflective elements are installed in them in order to maximize the efficiency of lighting from a particular type of lamp. Therefore, if you insert xenon headlights into a headlight designed for halogen illuminators, you should not expect improvements in terms of visibility.
Since the elements of the headlight are not designed for this illuminator, it will not work to improve the illumination with its help, but rather the opposite effect will come out. This is due to the very serious distinctive features of different types of light bulbs.
What punishment is provided - deprivation of rights or a fine for xenon in 2017 So, in unsuitable headlights, xenon will shine much brighter, but the distance of the beam is small, i.e. good visibility will be only close to the car. It is also worth remembering that unadjusted illuminators will cause trouble for other road users, blinding them in the dark. This also applies to the installation of xenon in fogs, for which there is no penalty, but it threatens with a more serious punishment.
Deprivation of rights and a fine for xenon in 2017
In the traffic rules and relevant regulatory acts, a fine for xenon from January 1, 2016 is not provided. No changes were made in 2017 either. However, in part 3 of Art. 12.5 of the Code of Administrative Offenses describes situations in which it is impossible to control the vehicle. These are various kinds of malfunctions and other conditions that create problems for other road users, interfere with the driver’s view, and can lead to an accident.
Regarding lighting, here are such points for which the driver is not threatened with a fine, but with deprivation of rights for xenon:
- The headlights and their mode of operation do not meet the manufacturer's standards. If you change the lamps for a different type of lighting, this is a violation, because the manufacturer adjusted the headlights for a specific type.
- Adjustment is not up to standard.
- Diffusers and illuminators do not match the type.
- Installation of red lamps in the headlights.
- Installation of devices that do not comply with the rules for admission to the management of the vehicle.
Thus, deprivation of rights for xenon in 2017 threatens everyone who replaced the illuminators with ones not provided by the manufacturer of his car. The term of deprivation is assigned in the range of 6-12 months. This rule also applies to fogs.
When the rights are not taken away
The driver is not threatened with deprivation of rights for xenon if the car is initially sold with it. In this case, the manufacturer performs the adjustment in such a way that the reflectors and other elements of the headlight contribute to the improvement of the quality of lighting and do not cause inconvenience to other drivers.
If your car is equipped with halogen lamps, and the manufacturer has already launched new xenon models, you can upgrade your vehicle. You should contact your manufacturer's authorized representative to have your headlights adjusted or replaced in accordance with their standards. In such a situation, it is no longer necessary to fear deprivation of rights and a fine, because the illuminators will correspond to the desired type.
Thus, we made it clear that no penalty for xenon is provided in 2017. But if you replace the lamps with other ones that do not correspond to the type of headlights, then the inspector has the right to punish the driver with deprivation of rights for up to a year.
Video: How to avoid deprivation of rights for xenon?
There is no penalty for using xenon, but the driver faces a more serious punishment. How to avoid deprivation of a driver's license for xenon, see the video.
Reading time: 7 min.
Is there a fine from the traffic police for installing xenon lamps in a car or are they deprived of a license for xenon?
What is the penalty for xenon headlights in 2020? Fine or deprivation of rights for xenon 2020?
The traffic police fine for installing xenon lamps in halogen headlights in 2020 is
3000 r. with the confiscation of the indicated devices and devicesArticle 12.4.1 of the Administrative Code of the Russian Federation
The traffic police fine for driving a car with xenon lamps in halogen headlights in 2020 is
Deprivation of rights for a period of six months to one year with confiscation of these instruments and devicesArticle 12.5.3 of the Administrative Code of the Russian Federation
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Is xenon allowed?
Xenon headlights were invented by German manufacturers as a replacement for obsolete halogen incandescent lamps. This significant event took place at the end of the 80s of the 20th century, however, to this day, the technology of discharge lamps has not passed into the mass automotive industry. Is xenon allowed? No, but for the unauthorized installation of xenon, Russian motorists face a fine from the traffic police, and often deprivation of rights for 6-12 months under part 3 of article 12.5 of the Code of Administrative Offenses of the Russian Federation for "inconsistency of the color and mode of operation of the lights with the requirements of the Basic Provisions for the admission of vehicles to operation."
Punishment for xenon headlights
For xenon, that is, the installation of xenon lamps in halogen headlights, or, as the traffic police say, “for the installation of xenon lamps in headlights intended for their manufacturer,” the law provides for a very severe punishment. Installing xenon leads to a fine of 3,000 rubles, driving a car with non-standard xenon headlights - deprivation of rights for up to one year.
Most often, traffic police officers during raids to identify cars with emergency "xenon" apply part 3 of article 12.5 of the Administrative Code of the Russian Federation to violators:
“Driving a vehicle, on the front of which there are light devices with red lights or red retroreflective devices, as well as light devices, the color of the lights and the mode of operation of which do not meet the requirements of the Basic Provisions for the Admission of Vehicles for Operation and the Duties of Officials to Ensure traffic safety, (as amended by the Federal Law of July 24, 2007 N 210-FZ) entails the deprivation of the right to drive vehicles for a period of six months to one year with the confiscation of these instruments and devices. (Part 3 was introduced by Federal Law No. 120-FZ of July 22, 2005).”
However, since article 12.5 of the Code of Administrative Offenses of the Russian Federation does not specifically refer to xenon lamps, in a number of situations, both traffic police officers and motorists caught on “collective farm xenon” correlate their actions with the corpus delicti provided for in part 1 of article 12.4 of the Code of Administrative Offenses of the Russian Federation:
“Installation on the front of the vehicle of light devices with red lights or red retroreflective devices, as well as light devices, the color of the lights and the mode of operation of which do not comply with the requirements of the Basic Provisions for the Authorization of Vehicles for Operation and the Duties of Officials for Ensuring Road Safety , (as amended by the Federal Law of July 24, 2007 N 210-FZ) entails the imposition of an administrative fine on citizens in the amount of three thousand rubles with the confiscation of these instruments and devices.
Punishment for xenon in foglights
There is a widespread myth that the penalty for xenon does not apply to fog lights (sidelights, PTF). Indeed, in some situations, when inspecting a car, a traffic police officer may not notice xenon lamps in foglights and thus not react in any way to their installation.
However, if during a detailed inspection of the car an unauthorized installation of xenon lamps in the fog lights of a car is revealed, the design of which does not imply the use of such a type of headlights, the punishment from the traffic police will be the same 3000 r. for installation and deprivation of rights up to a year for movement with xenon in the PTF.
The fact is that the law regulating the installation of lamps in a car does not separate the concepts of “headlights” and “foglights” in Articles of the Code of Administrative Offenses 12.4 and 12.5 it is said about installation “on the front of the car”, and as you know, “foglights” are located exactly in front.
Deprivation (cancellation) of vehicle registration for xenon
It is noticeable to an observant motorist that in paragraphs 12.4.1 and 12.5.3 of the Code of Administrative Offenses of the Russian Federation there is no direct "ban on xenon". These are not xenon articles! And you can only be held accountable for them by subtly interpreting them.
This state of affairs, however, gives rise to traffic police officers to invent new unusual ways to punish drivers who allowed the installation of non-standard lamps in their headlights.
A relatively new method was invented by the Moscow traffic police.
For the first time stopped a driver with xenon traffic police officers and employees Gostekhnadzor is checked for oddities in the design, devices that are not provided by the manufacturer from the factory. It can be anything from xenon to kenguryatnik. There are cases when even a towbar (hook for a trailer) acts as a non-standard device.
Then the traffic police officer checks whether there are marks in the registration certificate for the car about making specific changes to the design. Since there are none in 99% of cases, the traffic police officer issues a fine for the same xenon at 500 r. under article 12.5.1 - "Driving a vehicle in the presence of malfunctions or conditions under which, in accordance with the Basic Regulations on the admission of vehicles to operation and the obligations of officials to ensure road safety, the operation of the vehicle is prohibited."
And it seems that they got off lightly, but no, along with a fine, the traffic police officer gives the driver of a “non-standard” car “an order to bring the car to a standard state within a certain period.” The information enters the traffic police database and if at the next check the car is again found to have non-standard modifications, the car will be removed from registration - the registration of the vehicle will be canceled. After such a procedure, the car turns from a vehicle into scrap metal, on wheels that cannot be sold or re-registered. Increasingly, this scheme is being used in the case of xenon.
Penalty for xenon on foreign cars 2020
Most often, when it comes to traffic police fines for xenon or deprivation of rights for xenon bulbs, it is understood that the owner of a domestic-made car will be the subject of proceedings. The fact is that regular factory xenon has never been installed on UAZs, Ladas, Muscovites and GAZelles. Traffic police officers know this very well and automatically catch overly bright Russian cars on the road.
It is important to understand that xenon, as such, is not prohibited, and if it is installed from the factory or installed on a car that is technically suitable for such refinement, the owner will not have problems with the law, fines from the traffic police and deprivation. As a rule, on machines suitable for the installation of xenon lamps, a large Latin letter “D” should appear on the headlight sack, if the symbol “H” is displayed on the headlight, then the device is only suitable for installing conventional halogen headlights. Traffic police officers know this rule and can use it when determining the type of lamps used in your car.
However, foreign cars above a certain level of cost in Russia, in 2020, as a rule, do not stop for xenon. This is due to the extra hassle of determining the types and types of headlights for rare foreign-made cars. By the way, fully legal xenon on a foreign car should be surrounded by three attributes - a lens, a light beam corrector and a washer.
Why do car owners install xenon?
The spread of xenon lamps was actively promoted by several circumstances at once. Firstly, the xenon lamp installed in the headlight shines noticeably brighter than a conventional lamp. The spectrum of the gas discharge lamp is close to natural, solar - xenon headlights work great in rain and fog, on snowy and wet roads. Secondly, the price of Chinese lamp sets, together with ignition units, rarely exceeds 4-5 thousand rudders. Thirdly, the resource of a xenon lamp is many times longer than a halogen lamp.
How to avoid deprivation of rights for xenon?
There are three main ways in which a motorist will not lose his license, and will not be subject to any other penalties for installing xenon lamps in his car headlights.
Path #1 Do not install xenon lamps in the headlights of vehicles that are not designed for xenon headlights.
Path number 2 Buy a car whose design initially provides for the installation of xenon headlights. Now xenon has come to the mass segment and, for example, finding an affordable car with xenon on a “secondary market” is no longer difficult.
Path number 3 Officially register the conversion of the car to xenon headlights in the traffic police. The option is expensive, complex, requiring patience and determination, but everything is possible.
How to register a xenon installation by law:
- Step 1. Get a certificate from an expert organization about the hypothetical possibility of converting a car to xenon headlights.
- Step 2. Get permission from the technical supervision at the traffic police based on a preliminary assessment of experts
- Step 3. Buy a complete list of licensed parts, including xenon lamps, lenses, high pressure headlight washers and correctors.
- Step 4. Install the equipment in a licensed technical center
- Step 4. Re-examination of the work performed in the expert center
- Step 5. Obtaining a new diagnostic card (inspection)
- Step 6. Final examination in the traffic police and obtaining a TCP on which xenon headlights will be indicated in special marks.
A legitimate conversion of conventional headlights, for example, Lada, to xenon will cost a five-figure figure in rubles and require a month spent in offices even in Moscow. It is difficult, but legalizing xenon in 2020, as we see it, is still real.
Xenon is the philistine name for gas-discharge lamps in which an electric arc glows in a flask filled with gas - xenon. This source gives a bright white light, close to daylight.
Xenon lamps do not have a filament like halogen lamps. An electric arc occurs between two electrodes. To ignite the arc, it is necessary to generate high-voltage (up to 25,000 V) voltage pulses. Therefore, to "ignite" such a lamp, a special control unit is used, which increases the voltage at the moment the headlights with xenon lamps are turned on. After the lamp has ignited, a nominal voltage of up to 80 V is sufficient to maintain the discharge.
What headlights can be installed xenon
On February 20, 2010, the Department of Road Safety of the Ministry of Internal Affairs of Russia gave an explanation "On the use of "xenon" headlights" ().
Currently, headlights of the following officially approved types are installed on motor vehicles:
C - low, R - high, CR - dual-mode (low and high) light with incandescent lamps (UNECE Regulation N 112, GOST R 41.112-2005);
HC - low beam, HR - high beam, HCR - dual-mode light with halogen incandescent lamps (UNECE Regulation N 112, GOST R 41.112-2005);
DC - near, DR - far, DCR - dual-mode light with gas-discharge light sources (UNECE Regulation N 98, GOST R 41.98-99).
An appropriate marking identifying the type of headlamp (external lighting fixture) as well as the approval mark (consisting of a circle containing the letter "E" followed by the number of the country that granted the approval and the approval number) shall be affixed to the headlamp lens and on the headlamp housing if the lens can be separated from it.
Gas-discharge light sources, the category marking of which, indicated on the cap, begins with the letter "D", in accordance with the requirements of UNECE Regulation N 99 and GOST R 41.99-99 "Uniform provisions concerning the approval of gas-discharge light sources for use in approved gas-discharge optical elements of motor vehicles" are intended for use only in DC, DR, DCR headlamps.
Therefore, xenon lamps can only be installed in headlights marked DR, DC, DCR. If you installed gas-discharge lamps in a headlight marked HR, HC, HCR, then it will not work to persuade a traffic police officer to give a warning or a fine if he sees a violation.
Why the installation of xenon was banned
The above document provides explanations of the Federal State Unitary Enterprise "Research and Experimental Institute of Automotive Electronics and Electrical Equipment", according to which the use of light sources in external lighting devices that do not correspond to the type of this lighting device violates the conditions for ensuring road safety due to a number of physical (dimensions of the spark discharge, wavelength, scattering angle of the reflected radiation) and technical (class of the reflective surface of the reflector, the presence on the vehicle of an automatic corrector of the light beam and a headlight washer) factors.
Thus, the use of gas-discharge light sources in headlights intended for use with incandescent lamps, including halogen ones, should be qualified as a discrepancy between the operating mode of external lighting devices (a set of technical characteristics of headlights corresponding to one or another light distribution that ensures road safety, depending on road situation and weather conditions) to the requirements of the vehicle design.
Fine for xenon
There is no direct prohibition in the administrative code on xenon lamps in conventional headlights. Driving a vehicle with such headlights is qualified by the traffic police under part 3 of article 12.5 of the Code of Administrative Offenses of the Russian Federation:
Driving a vehicle, on the front of which there are light devices with red lights or red retroreflective devices, as well as light devices, the color of the lights and the mode of operation of which do not correspond requirements of the Basic Provisions on the admission of vehicles to operation and the duties of officials to ensure road safety, -
entails deprivation of the right to drive vehicles for a period of 6 months. up to 1 year with confiscation of the said instruments and devices.
What are the requirements of the main provisions referred to in the law?
Appendix No. 3 to the Rules of the Road contains a list of malfunctions and conditions when the operation of the car is prohibited. These include cases where the number, type, color, location and mode of operation of external lighting devices do not meet the requirements of the vehicle design. And also: when diffusers and lamps are used in the headlights that do not correspond to the type of this lighting device.
Thus, in order to bring the driver to administrative responsibility, it is enough to remove the ignition unit with a xenon lamp installed in the headlight and confirm the marking on the headlight, which indicates that only a halogen lamp can be installed in it.
Such cases are considered by the world courts, the practice on such materials is sufficient. Result one: deprivation of the right of management. No fines are prescribed as an alternative form of punishment.
Are they deprived of rights for diodes
With diode lamps, not everything is clear. We managed to find the following examples of court decisions when drivers lost their right to drive for LED lamps:
However, these are 2017 decisions. Similar solutions for 2018 could not be found. In addition, it turned out that new cars of 2018, leaving car dealerships with factory "diode light" on the headlights, have "halogen" markings HR, HC, HCR.
Later it turned out that for the installation of diode lamps, drivers are attracted under Part 1 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation, qualifying the actions of drivers as driving a car in the presence of malfunctions in which the operation of the vehicle is prohibited.
Examples of judgments on xenon
In conclusion, we suggest that you familiarize yourself with the decisions of the courts, which recognized the fact of an administrative violation by drivers who used xenon in halogen headlights and imposed a deprivation of the right to drive a vehicle.
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Many car owners equip their vehicles with xenon headlights without even knowing that they are breaking the law. In addition, recently publications began to appear in online publications, reporting that the installation of xenon in 2019 was allowed by the Supreme Court. Let's dispel the misconceptions. Xenon headlights are prohibited, with a few exceptions. Bloggers misinterpreted the Supreme Court ruling. The Supreme Court only noted that the punishment for xenon does not correspond to the nature of the offense, and lighter penalties may be applied to motorists.
To eliminate misunderstanding, consider the responsibility for installing xenon headlights in more detail.
The misunderstanding of this point is due to the fact that the law does not have a clearly formulated statement about the prohibition of xenon. Therefore, when punishing drivers for xenon, traffic inspectors and courts operate with the fact that traffic rules oblige drivers to install lighting devices that correspond to the design of the car. In addition, punishment is provided for driving a car in the front of which there are lighting devices that create a red light or their operation and light output do not meet the established requirements.
Despite the vagueness of the wording, xenon headlights fall under the definitions listed above, therefore, they cannot be installed independently.
To better understand the chain of application of punishment, the following chain can be given:
- Inconsistency of lighting fixtures with the design of the car.
- Non-compliance of lighting sources with technical regulations.
In addition to the second point, we give the following classification of lighting sources:
- Halogen lamps - H.
- Xenon - D.
- LED - LED.
The admissibility of installing one or another lamp is indicated in the marking of the headlight. For example, if the manufacturer indicated the HCR marking, this means that the low and high beam headlights are designed for halogen lamps only. If a motorist installs a xenon light bulb, this constitutes an administrative offense.
Why xenon is banned
Under the concept of xenon lamps, gas-discharge lamps are hidden, with a bright luminous flux. Thanks to this solution, the headlight illuminates the roadway with high quality, and increases road safety in extreme conditions. In addition, such headlights are durable, and on average can last about 3-5 years.
However, in this barrel of honey there is also a fly in the ointment, which became the reason for the ban on xenon lamps. There are two negative points here:
Note that the listed nuances are relevant for handicraft installed lamps. If xenon is installed at the factory, there are no shortcomings in gas discharge lamps.
Which bulbs are the best
This question worries many car owners. In fact, xenon lamps are really better: they give a brighter light. However, the quality of illumination of the roadway depends not only on the light source, but also on the design of the headlight. Factory elements intended for the installation of gas discharge lamps are equipped with filters, reflectors and washers. Only such completeness gives advantages when installing xenon.
Comparison of xenon and halogen headlights
In auto repair shops that put xenon lamps in halogen headlights, they don’t bother with such subtleties, so the effect is the opposite. Xenon blinds drivers and worsens visibility on the road. That is why bans on the use of such lighting devices were introduced.
Penalties
Curiously, the penalties for fitting xenon headlights vary greatly. The minimum penalty that an offender can count on is a fine of 500 rubles. This is possible in cases where the offense will be classified under Part 1 of Art. Code of Administrative Offenses, which provides for punishment for driving a vehicle with technical malfunctions that prohibit operation. However, you can count on such luck only if you have a good lawyer, and even then, not always.
In most cases, car owners are fined under Art. Part 1, which provides for punishment for the installation in the front of the car of lighting devices with an inappropriate mode of operation or color of lights. In accordance with this document, drivers face a fine in the amount of:
- Civilians - 3,000 rubles.
- Officials - 15,000-20,000 rubles.
- Legal - 400,000-500,000 rubles.
In addition, the legislator provides for the confiscation of devices that caused the offense.
On a note! If the car owner only recently purchased a car, and did not know about the installed xenon or did not have time to eliminate the violation, this does not relieve him of responsibility.
Deprivation of rights for xenon headlights
Perhaps this is the biggest injustice for violators. If the offense is classified under Part 3 of Art. : installation in the front of the car lighting devices with a red luminous flux or working in violation of established requirements.
In this case, deprivation of rights is applied as a punishment for a period of 6-12 months. Lighting devices installed in violation are also subject to confiscation.
Are there exceptions to the rules
Such a possibility is indeed envisaged. Exceptions to the general rule are made in two cases:
- Discharge lamps are installed in the fog lamps.
- The car initially comes with standard xenon, and the TCP indicates the possibility of installing class D lighting devices.
In these cases, the application of penalties to drivers is considered unlawful.
What to do if a fine is issued for xenon
The first thing to understand is that arguing with the inspector on the spot is useless. The decision on punishment is made by the court, the traffic police officer only records the fact of the offense, and draws up a protocol on this matter.
- Write down the number of the inspector's service certificate, including the number of the badge.
- Ensure that the inspection of the car is carried out in accordance with the established rules: video filming, the presence of two witnesses.
- Indicate in the protocol the fact of your disagreement with the claims made, indicating the reasons.
Here it is necessary to clarify that one should not refuse to sign the protocol. It does not give any advantage in subsequent litigation. It is better to immediately designate your civic position. In our case, this is disagreement with the actions of the traffic police inspector.
Important! It will be possible to challenge the fine for xenon only in court. At the same time, it is important to take into account that the judge personally will not inspect the car, but will be guided only by the data indicated in the protocol. Therefore, initially you need to monitor the correctness and correctness of filling out the document.
An important role is played by the observance of the legality of the inspection procedure. For example, it is possible to determine that xenon lamps are installed in the headlights only at a specially equipped traffic police post. If the car was just inspected on the road, this will be a significant argument in favor of the driver. The main thing is to note this nuance in the protocol being drawn up.
In addition, many courts note a violation of the headlight operation mode when replacing a halogen lamp with a gas discharge lamp. It is this wording that is indicated in the article of the Code of Administrative Offenses. However, there is a legal issue here. In particular, the operating mode of an external light device is divided into two types: flashing and constant. Halogen, xenon and LED lamps are classified as light fixtures, and their interchangeability does not affect the operation of the device. For example, if the driver installs a gas discharge lamp instead of a halogen lamp, the headlight will not work in the flashing beacon mode, but will continue to shine with a constant light.
It follows that the use of xenon is not an offense under the article of the Code of Administrative Offenses, part 3, because the mode of operation of the headlight and the color of the light flux have not changed. Knowing these subtleties, you can avoid deprivation of a driver's license.
What happens if you don't pay the fine on time?
There are two important things to keep in mind here.
- Firstly, it is better to pay the fine within 20 days from the date of the relevant decision. This will help you save money and get a 50% discount. This practice has been in place in Russia for a long time, and encourages drivers to pay the fines imposed on them on time.
- Secondly, the fine must be paid within 60 days, this period also includes the deadlines for appealing the decision.
If this requirement is not complied with, penalties will be aggravated. For starters, the amount of the fine increases, and you will have to pay it twice. If this measure does not work, the perpetrator may face:
- Administrative arrest for up to 15 days.
- Up to 50 hours of mandatory work.
The application of such sanctions does not exempt from the need to repay the existing debt. In addition, the law provides for compulsory collection, including at the expense of property owned by the debtor. An additional reason to pay fines on time is the fact that such debtors are not released abroad, which can ruin a long-planned vacation.