Police Officer Preparation & Law Enforcement Resource - Archive

JaRobins posted this in another thread. Is this the case only in Virginia or are there other States that allow rain-x in lieu of headlights? I've never really cared for the stuff myself and I'm kind of surprized it made it into the law books. Sounds like a lobbyist was hard at work... ;)


If you are like me and and use Rain-X, then legally you are not required to turn on your headlights.

SC law also ties the use of headlights to the use of the W/S wipers.

Lobbyists for Rain-X have nothing to do with it and I doubt seriously that "Rain-X" is mentioned specifically in the law book. Simply put, Rain-X could eliminate your need for W/s wipers during a light or medium rain and if you don't turn on the wipers, you are not required to turn on the headlights.

I am a firm believer in Rain-X, but also in headlights during a rainstorm. Nothing puts me to sleep faster on a slow cold drizzly midnight shift than the hypnotic repeat of W/s wipers back and forth coupled with the car heater/defroster. Rain-X is a life saver.

+1 ^^^

I only mentioned it because the law here doesn't say you have to turn on headlights in the rain. It states that IF your windshield wipers are on then you must turn on your lights.

I use Rain-X so that was simply my choice of words, however, I still turn on my lights. The Rain-X helps me see, the headlights help everyone else see me. The only bad thing about Rain-X is that it works so well that sometimes I don't realize how hard it is actually raining and end up driving faster than I should given the weather conditions. :o

55-9-406. Headlights on motor vehicles - Operation during inclement weather - Violation - Penalty - Costs.

(a) The headlights of every motor vehicle shall be so constructed, equipped, arranged, focused, aimed, and adjusted, that they will at all times mentioned in § 55-9-401, and under normal atmospheric conditions and on a level road produce a driving light sufficient to render clearly discernible a person two hundred feet (200') ahead, but shall not project a glaring or dazzling light to persons in front of such headlights. Such headlights shall be displayed during the period from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise, during fog, smoke, or rain and at all other times when there is not sufficient light to render clearly discernible any person on the road at a distance of two hundred feet (200') ahead of such vehicle.

(b) (1) Operation of headlights during periods of rain, as required in this section, shall be made during any time when rain, mist, or other precipitation, including snow, necessitates the constant use of windshield wipers by motorists.

(2) Notwithstanding any provision of the law to the contrary, any person who is arrested or receives a traffic citation for violation of the provisions of this subsection (b), upon conviction, shall not be fined more than the maximum fine nor less than the minimum fine as provided by law for such violation nor shall any cost be imposed or assessed against such person. Such conviction shall not be reported to the department of safety under the provisions of §§ 55-10-306 and 55-12-115.

(3) No cost shall be charged under this subsection (b).

(4) A violation of this subsection (b) is a Class C misdemeanor.

I guess it could go the same here.

As far as I've seen it doesn't really say one way or the other, it says unfavorable conditions and it also says use of wipers, if there's any IL Officers here I'd love to know. I was always told that if you need to use your wipers that's when you have to use your lights.

Illinois' headlamp law:

625 ILCS 5/Ch. 12 Art. II heading)
ARTICLE II. LIGHTS AND LAMPS
(b) All other motor vehicles shall exhibit at least 2 lighted head lamps, with at least one on each side of the front of the vehicle, which satisfy United States Department of Transportation requirements, showing white lights, including that emitted by high intensity discharge (HID) lamps, or lights of a yellow or amber tint, during the period from sunset to sunrise, at times when rain, snow, fog, or other atmospheric conditions require the use of windshield wipers, and at any other times when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 1000 feet. Parking lamps may be used in addition to but not in lieu of such head lamps. Every motor vehicle, trailer, or semi‑trailer shall also exhibit at least 2 lighted lamps, commonly known as tail lamps, which shall be mounted on the left rear and right rear of the vehicle so as to throw a red light visible for at least 500 feet in the reverse direction, except that a truck tractor or road tractor manufactured before January 1, 1968 and all motorcycles need be equipped with only one such tail lamp.

Is this the case only in Virginia or are there other States that allow rain-x in lieu of headlights?Main Entry: lieu
Pronunciation: 'lü
Function: noun
Etymology: Middle English liue, from Old French lieu, from Latin locus -- more at STALL
archaic : PLACE, STEAD
- in lieu : INSTEAD
- in lieu of : in the place of : instead of

Sorry. Here, you can't use Rain-X instead of headlights.

Besides - it would be awfully hard to drive in the dark ... :D

(I know what you're referring to ... I'm just messing with you)

Frighteningly enough RO56, I thought of the same thing.. But maybe there's a few cat-people out there that can see in the dark? hehehe unless Rain-X has glow power, like some sort of radioactive conductivity.. Or some other nonsense like that.. :D

I think the issue that needs to be considered is why we use headlights when it's raining. IMHO, it's the same reason so many vehicles have daytime running lamps -- increased visibility. Having lighted lamps at the front and rear of your vehicle makes you more visible to other traffic. Rain-X only helps increase your ability to see, not the ability of other drivers to see you.

But, enough about my opinion. Maryland law sayeth:


§ 22-201.2. Required use of vehicle headlamps or fog lights

(a) Notwithstanding any other provision of this subtitle, if a driver of a vehicle on a highway operates the vehicle's windshield wipers for a continuous period of time because of impaired visibility resulting from unfavorable atmospheric conditions, the driver shall light the vehicle's headlamps or fog lights.

(b) A violation of this section is not considered a moving violation for purposes of § 16-402 of this article.

(c)(1) If a person is convicted under this section, the conviction may not:
(i) Be considered evidence of negligence;
(ii) Be considered evidence of contributory negligence;
(iii) Limit liability of a party or an insurer; or
(iv) Diminish recovery for damages arising out of the ownership, maintenance, or operation of a motor vehicle.

(2) Subject to the provisions of paragraph (3) of this subsection, a party, witness, or counsel may not make reference to a violation of this section.

(3) Nothing contained in this subsection may be construed to prohibit the right of a person to institute a civil action for damages against a dealer, manufacturer, distributor, factory branch, or other appropriate entity arising out of an incident that involves a defectively installed or defectively operating headlamp or fog light.

(d) A person who is convicted of a violation of subsection (a) of this section is subject to a fine not to exceed $25.

(e) A police officer may enforce the provisions of this section only as a secondary action when the police officer detains a driver of a motor vehicle for a suspected violation of another provision of the Code.

But also:


§ 22-201.1. Lighted lamps mandatory

Every vehicle on a highway in this State, at any time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 1,000 feet ahead, shall display lighted lamps and illuminating devices as respectively required in this subtitle for different classes of vehicles, subject to exceptions with respect to parked vehicles, and further that stoplights, turn signals, and other signaling devices shall be lighted as prescribed for the use of these devices.

Notice this second one says nothing about lighting lamps when the wipers are on. It is required any time visibility is poor.

Main Entry: lieu
Pronunciation: 'lü
Function: noun
Etymology: Middle English liue, from Old French lieu, from Latin locus -- more at STALL
archaic : PLACE, STEAD
- in lieu : INSTEAD
- in lieu of : in the place of : instead of

Sorry. Here, you can't use Rain-X instead of headlights.

Besides - it would be awfully hard to drive in the dark ... :D

(I know what you're referring to ... I'm just messing with you)

I haven't been back here for awhile, and I forgot how tough this room can be, but hey I have to admit I do get a kick outta po-leece humor. :D

I guess it could go the same here.

I'm going through your jurisdiction tomorrow morning, I'll make sure my wife has the wipers AND headlights on if it's raining. :D The forecast calls for rain...

Don't forget the "rain-x defense" - "Your honor, I HAD to drive fast because the faster my car goes, the better I can see!" (the better the rain-x works)
:p

As Jarobins said, in VA you have to turn on your headlights when you are using your wipers. The other stipulation for bad weather and headlights is you must turn them on if visibility is under 500 feet due to the rain.

I'm going through your jurisdiction tomorrow morning, I'll make sure my wife has the wipers AND headlights on if it's raining. :D The forecast calls for rain...

It's not the rain you have to worry about, but the drivers in my state. ;)

It's not the rain you have to worry about, but the drivers in my state. ;)

...But alas, we know not where thy state may be... Mayhaps it be a state of mind? :D

I like Rain X, but have not been able to re-apply it yet (too cold). I was taught by my parents and drivers ed to always turn the headlights on whenever the weather is inclement so I could be seen by others. My screen name comes into play when I see people driving with only their parking lights on. Even more aggravating are the boneheads driving through rain/snow storms too fast for conditions and on the phone at the same time.:mad:

My lights are on 24/7. It would definitely help in an accident case with regards to a visibility issue. I imagine that's why the general trend for newer vehicles are the daytime running lights.