Texas Headlight Laws Explained
The general provisions of Texas law pertaining to the operation of motor vehicle headlights are contained in Chapter 547 of the Texas Transportation Code. The laws relating to headlights are found in sections 547.321 and 547.323. Texas headlight laws address when a driver must use their headlights, where they may not be used, and general maintenance and functionality requirements for a motor vehicle’s headlights.
The provisions of these statutes are meant to address several issues. First and foremost among these issues is motorist safety. The provisions concerning the use of headlights at certain times allows drivers to be seen by other motorists at night and at twilight . Furthermore, the provisions concerning the maintenance of operating headlights gives police officers and other law enforcement personnel a reason to stop a vehicle and determine whether the vehicle is reasonably being operated in a safe manner and therefore entitled to be on the roadways of Texas.
When these laws are enforced, especially if not done with vigor, it may lead to violations which are undetected and unaccounted for over a long period of time. These undetected violations may lead to crashes, injuries and fatalities to Texas motor vehicle operators, passengers, and pedestrians on or near the roadways of Texas.
Headlight laws are not optional. They are mandatory. Therefore, the law must be followed by Texas drivers. Failure to do so will lead to criminal action and civil liability when violations cause damage to property or injuries to people.
Headlight Usage Laws in the State of Texas
If you drive in Texas long enough, you’re going to get caught driving without your headlights on when they are required by law. This happens more on days that are overcast or where it’s raining, making it even more important to know when you need to turn your lights on.
The first common scenarios that you’re required by law to have your headlights on is from 30 minutes after sunset until 30 minutes before sunrise. That’s a common sense regulation for the most part since the most common reason for having your headlights on is, well, because it’s dark outside. In addition, Texas law requires all drivers to have their headlights on any time that they are using their windshield wipers, including if they are on intermittent. So, a pretty liberal reading of the law is that your headlights should be on anytime conditions are such that you are required to have your windshield wipers on. If it’s raining, both sets of headlights should be on since both your front and rear lights are generally on when it’s a rainy day.
The State of Texas Headlight Laws
In terms of technical specifications, Texas law is not very specific. However, the Texas Department of Transportation (TxDOT), in their Texas Traffic Signs Book, offers some guidance on light intensity. Maximum illuminance as detected by a roadway pavement with a 12-degree (L) cone lens should be 1.58 foot candles measured at any distance from 50 to 150 feet where illumination occurs. It should be noted that this does not apply to driving lights or parking lights.
The color of headlight beams is controlled by the Society of Automotive Engineers (SAE) J578 standard. It states that the light color shall be yellow and that the average dominant wavelength shall be 590 nanometers. Penetration testing is also part of the SAE regulations. Light beam penetration must be in accordance with SAE J595 requirements.
The department has suggested guidelines for headlight alignment. They suggest low beams should be aimed in such a manner as to keep the center of the high-intensity portion of the beam no more than three inches above the horizontal line through the center of the low beam connector headlight at a distance of 75 feet.
Headlight Law Violations and Consequences
The Level of Enforcement for Headlight Laws Varies by City and County
When assessing penalties for headlight law violations in Texas, the level of enforcement for the law will play a large role in the analysis by law enforcement. For example, in rural counties where most officers are deputized to enforce the law, you are far less likely to be pulled over for a headlight law violation than you are driving in a large county or city. In large cities like Houston and Dallas, you are highly likely to be pulled over for a headlight law violation and, as such, highly exposed to results on your criminal record.
The penalties go up with your exposure, as points on your driving record increase for each conviction.
In Texas, penalties for headlight law violations may differ from those imposed by other states or jurisdictions. Under Texas Transportation Code Ann. § 547.321:
"(a) A motor vehicle may not be operated on a highway during a time when the motor vehicle is not equipped with at least two functioning headlights: (1) that comply with standards prescribed by the department; and (2) the lenses of which are not cracked or broken and are in a condition to properly refract light." Additionally, under the law "(b) A person may not operate on a highway a motor vehicle unless the motor vehicle is equipped with at least one lighted lamp that is either in working order or clearly legible labels or markings, as determined by the department." Under subsection (c), "(a) A headlamp, other than a turn signal lamp or an auxiliary passing lamp, on a motor vehicle, including a motorcycle or moped, may not project a beam of light other than white to any place outside the protection of a person and property."
Under subsection (d):
"(b) A headlamps on a passenger car or motorcycle may not create blinding rays of light in any manner, including from the blue lights or the distribution of light, for vehicles approaching from the front, the rear, or the side, or create a hazard for operators of other vehicles on the highway."
These rules and their penalties are relative mild, although the level of enforcement in the major Texas cities and surrounding areas can net someone a criminal record.
Under Texas Transportation Code Ann. § 547.332: (a) If a person is convicted of an offense under this subtitle, he is subject to a fine of not less than $1 and not more than $200 or, if the person is a child, to a fine not less than $1 and not more than $25. (b) Except as provided by Subsection (c), if in committing an offense under this subtitle the person strikes another person or damages or causes destruction of property, the person is subject to the penalties prescribed by Section 12.23, Penal Code.
So, while the rules may be relatively mild, their enforcement can be much harsher. Be careful driving in a city with stringent enforcement.
Inspection and Headlight Requirements
In Texas, the headlight condition is one of a number of components that are checked when a vehicle is subjected to a state inspection. Under Vehicle Code Section 548.101, a person may not operate or park a motor vehicle on a highway unless the vehicle has: Headlamps that comply with the requirements for headlamp systems. In addition, other lamps, reflectors, stoplamps , and motor vehicle equipment that are required by this chapter or another chapter of this code must be operative and meet the requirement of this chapter and other laws applicable to the type of motor vehicle operated. The headlight inspection element reads as follows: Headlamps illuminating a vehicle must be operative and properly aimed. At least one headlamp must illuminate any object 75 feet ahead of the motorcycle. The headlamp switch must automatically activate the headlamps when the motorcycle is operated with the engine running and the vehicle is operated at any speed or distance. Regardless of whether or not you have been stopped by law enforcement for a "headlight out" repair order (the vehicle violation listed in Section 548.052. (b) – if a vehicle is inspected and found to be in a safe mechanical condition, with the inspection sticker issued for the headlight violation (in that case, the vehicle grabs one more month of an outdated sticker to facing the two year warrant from the date of issuance), the burden is on the driver to get the headlight working.
Leading Myths About Texas Headlights
There are several common misconceptions among the average Texas driver regarding headlight use. Let’s take a moment to clear up a couple of them:
Misconception: Bright lights are not a problem.
There are many instances of people driving in Texas with their headlights on high beam, even in the middle of a city. This is a big no-no, according to Texas headlight laws. Not only is it illegal, according to the law backed by City of Angleton v. Wood,[1] it usually causes major distractions for other drivers.
Bright lights are blinding at night, and using them in traffic can cause other drivers to be disoriented and potentially dangerous situations to arise. Rather than boosting your own visibility at night, you are negatively impacting the visibility of every other driver on the road. That is by far one of the most significant examples of illegal and incorrect headlight use, so avoid it at all costs.
Misconception: It is OK to drive with your fog lights on if it’s raining.
Many Texas drivers do not know that driving with your fog lights on when it’s raining is actually against headlight laws in Texas. Most of the time, heavy rain simply requires your regular windshield wipers to clear your view; you should not need to turn on your fog lights. In fact, using them in the rain will likely worsen your own visibility. The light will reflect off of the water on the road and create a wall of haze in front of you, making it even more difficult to see anything than if you had driven with your headlights on normally.
In fact, there are many myths out there about using fog lights in certain conditions that should be cleared up. In some cases, people insist that tall trucks and SUVs should always have their fog lights on, regardless of the weather, to make sure that those vehicles are always visible to smaller cars. However, it’s best to just use your fog lights sparingly in extremely thick fog or heavy rain.
Misconception: My dashboard lights don’t light up when my headlights are on. I’ll have to get my dashboard checked by a mechanic.
This is another myth about the laws around car dashboards, instrument panel lights, and headlight functions in Texas. Because Texas does not require lights for dashboards and other panels inside the car to be lit when the car’s headlights are on, you are not breaking any laws with this phenomenon. You may, however, want to turn on your dashboard lights so that you can see what you’re doing while you’re driving at night.
If you have any misconceptions about headlight use in Texas, ask a personal injury attorney in Angleton, TX to clarify any issues for you.
Texas Headlight Law Changes
Recently, the Texas Department of Public Safety revised 37 Texas Administrative Code § 25.9 and added new language to 37 Texas Administrative Code § 25.9 (located in 61 Texas Administrative Code § 25.9). The new language specifies that "[w]hen a [TAC § 25.9]-authorized violation is detected during the commission of another violation, this regulation shall be sufficiently specific to support a separate and independent violation of the State’s motor vehicle statutes." This revision clarifies that a driver can be charged under 37 Texas Administrative Code § 25.9 even if the driver was committing another driving violation when the secondary offense occurred. Additionally, while revising this administrative code, the Texas Department of Public Safety also updated the summary and purpose.
Before July 20, 2022, 37 Texas Administrative Code § 25.9 did not specify whether a headlight offense could occur if a driver was committing a second offense when the headlight violation was detected. For example , if a driver was speeding and a law enforcement officer had the laser gun tracking the driver’s speed but accidentally also had the laser pistol laser pointed at the driver’s headlights, both speeding and headlight citations could be issued for the same violation. While the new language codifies that multiple offenses can now be issued, it is still possible for a driver to be found guilty of both speeding and headlight violations if they were traveling with both defects.
Clarity is now provided through this administrative code revision on how headlight violations can be used to provide an additional citation for a driver who is already being cited for a secondary traffic offense that may be an independent and singular offense. Using laser technology to issue two different traffic violations for the same underlying facts is now permitted and allowed according to Texas Department of Public Safety regulations. A headlight ticket can now be issued despite the fact that the driver commits another independent driving violation that may be unrelated to the headlight violation. Drivers in Texas can now be issued up to two tickets for a single traffic stop and violation.