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What is the penalty for driving with xenon? Xenon in headlights - a fine or deprivation of the right to drive. Examples of court decisions on xenon

Xenon is a colorless and odorless monatomic gas with atomic number 54, designated Xe. In fact, for most motorists, the mention of xenon will evoke completely different associations, namely the presence of extremely bright headlights in the front of the car.
Well, it’s quite natural that xenon has received such an associative niche. After all, it is xenon that is widely used in gas-discharge lamps, which are installed in the headlight and PTF units, providing a bright glow and good visibility on the road. Although recently LEDs have put an end to this light source!
However, we will touch on the topic of installing xenon lamps. Because it's still relevant!

Marking on the headlamp for installing xenon (xenon lamps) into it

If a car headlight is designed for use with xenon lamps, it will be marked accordingly. Information on the use of lamps may also be indicated in the instruction manual for your machine. By default, we will only provide a breakdown of the markings on the headlights in which xenon lamps can be installed.

By default, the letter D is assumed to be xenon and H is halogen. However, there are small exceptions.

So, if there is a marking on the car headlight:

DCR (xenon for low and high beam);
- DC (xenon low beam);
- DR (xenon high beam);

some of the Japanese cars are marked

HCHR (xenon for low beam, halogen for high beam).

This is the hardest option. Since some inspectors will have to prove that everything is fine with you!

Actually, the main criterion for the possibility of installing lamps will not be the marking at all, this is a consequence. It is important to look at the factory instructions stated in the instruction manual! If according to the manual it is possible to install the lamp, then there is no problem; if not, then the operating mode of the lamp is broken. The mode of operation of the lamp as a light source is the main stumbling block in this matter. Read more about the operating mode of lamps in the article “Lamp operating mode in a car.”
If there is no corresponding marking, and the manual does not say anything about the possibility of installing xenon, then installing xenon is a violation. An indirect sign that xenon lamps are acceptable or not acceptable for use will be the mount for the ignition unit on the headlights. Usually these are ebb-mounts to which standard ignition units are attached. They either exist or they don't. But this is an argument, not a fact!

It is important to note that violation of the installation of xenon lamps in vehicle lighting devices is not regulated for any specific group, be it a block headlight or a fog light. If it is not possible, then it is not possible for any lighting device; there are no exceptions here. The liability will be absolutely the same in each of these cases.

Now once again about administrative liability for the unauthorized installation of xenon lamps in lighting devices not intended for them.

Fine and deprivation of rights (Administrative Code of the Russian Federation) for xenon

Since there is no specific article specifically about xenon lamps. Indicating a discrepancy between the operating standards for lighting devices on cars, only a “general” article of the Code of Administrative Offenses of the Russian Federation can be applied to violators. Our universal article is Article 12.5 of the Code of Administrative Offenses of the Russian Federation. It in particular describes those cases when the operation of a vehicle due to certain malfunctions or deviations is prohibited. This is exactly what we can sum up in the case when xenon is installed on a car, and when it is not provided. Article 12.5 of the Code of Administrative Offenses of the Russian Federation, Part 3 states the following:

Driving a vehicle on the front of which are installed lighting devices with red lights or red reflective devices, as well as lighting devices, the color of the lights and the OPERATING MODE of which do not comply with the requirements of the Basic Provisions for the admission of vehicles to operation and the duties of safety officials road traffic - entails deprivation of the right to drive vehicles for a period of 6 months to 1 year with confiscation of the specified devices and accessories.

As we can see from paragraph 3 there is a reference to the norm “Basic provisions for the approval of vehicles ...”. Open this document and find “List of malfunctions and conditions under which operation of the vehicle is prohibited.” 3 “External lighting devices” clause 3.1 reads:

The number, type, color, location and operating mode of external lighting devices do not meet the requirements of the vehicle design.

It may also be possible to apply clause 3.4

Light fixtures do not have lenses or use lenses and lamps that do not match the type of light fixture.

Everything is clear here. You installed the wrong diffuser or the wrong lamp, changed the operating mode, and this is a violation of the “Basic provisions for the approval of vehicles...”. All this means that the driver is liable under the above-mentioned Article 12.5 of the Code of Administrative Offenses of the Russian Federation.

Deprivation of rights for installing xenon in headlights (Administrative Code 12.5 of the Russian Federation)

We have already talked about the punishment itself, but if someone missed it, we will repeat it. This is deprivation of rights for up to 1 year with confiscation of xenon bulbs. The driver's light bulbs will most likely be taken away as a dock item in administrative cases (Article 243 of the Civil Code of the Russian Federation). Especially if the case goes to court. And deprivation of a driver’s license, a special right, is a very real measure that can be applied to a violator. There is no talk of any fine here, that is, it is not even provided for. Deprivation and all!
So the driver may not even count on an alternative solution to the problem if it comes to registering a violation. The only thing that remains to be said is about the practice of depriving special rights. Deprivation of rights, that is, confiscation of a driver’s license, can only be legal by a court decision. (Article 3.8 of the Code of Administrative Offenses of the Russian Federation). No one will take away the driver’s license on the spot.

Confiscation of xenon lamps in case of violation

So, if it turns out that xenon is placed where it should not be, then such light sources may be confiscated. Confiscation of lamps and ignition units will have to be carried out in accordance with the law, on video camera or in front of two witnesses. The protocol will be sent to court, where the judge will decide the driver’s fate. After all, deprivation of a special right is possible only by a court decision. This has already been discussed.
There will be another depressing circumstance: after the end of the period of deprivation of a special right, you will have to take an exam on your knowledge of traffic rules, which can also partly be attributed to some kind of additional punishment.

Detention of a vehicle due to the illegal use of xenon in headlights

It should also be noted that, along with the deprivation of rights, the operation of a vehicle cannot be limited under Article 27.13 of the Code of Administrative Offenses of the Russian Federation “Detention of a Vehicle,” since such a restriction applies only to Part 2 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation. That is, a vehicle can be detained only if the brake system is faulty; all other faults under Article 12.5 of the Code of Administrative Offenses of the Russian Federation do not fall under Article 27.13. That is, a car cannot be detained just because xenon was used on it. They can confiscate lamps, but they can’t detain a car!
Here it should also be said that confiscation occurs in the presence of two witnesses, or under video recording.

Question and answer on the topic “Fine for xenon in 2020. Deprivation of rights for xenon"

Question: What will be the fine for xenon if its installation is not provided for in the standard headlight unit?
Answer: There is no fine, only deprivation of rights for up to 1 year. The lamps themselves will also be confiscated.

Question: Is detention applicable for the illegal use of xenon?
Answer: No, they do not have the right to detain a vehicle.

Video about deprivation of rights for xenon

Xenon is the common name for gas-discharge lamps in which an electric arc glows in a bulb filled with gas - xenon. This source produces 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 when the headlights with xenon lamps are turned on. After the lamp is lit, a nominal voltage of up to 80 V is sufficient to maintain the discharge.

Which headlights can xenon be installed in?

On February 20, 2010, the Road Safety Department of the Ministry of Internal Affairs of Russia gave an explanation “On the use of xenon headlights” ().

Currently, the following officially approved types of headlights are installed on vehicles:

C - low beam, R - high beam, CR - dual-mode (low and high beam) light with incandescent lamps (UNECE Rules No. 112, GOST R 41.112-2005);

HC - low beam, HR - high beam, HCR - dual-mode light with halogen incandescent lamps (UNECE Rules N 112, GOST R 41.112-2005);

DC - low beam, DR - high beam, DCR - dual-mode light with gas-discharge light sources (UNECE Rules N 98, GOST R 41.98-99).

An appropriate marking indicating the type of headlamp (exterior light fixture) and the approval mark (consisting of a circle containing the letter “E” followed by the number of the country which has granted the approval and the approval number) is 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 base, begins with the letter "D", in accordance with the requirements of UNECE Regulation No. 99 and GOST R 41.99-99 "Uniform provisions concerning the official approval of gas-discharge light sources for use in officially approved gas-discharge optical elements of motor vehicles" are intended for use only in headlights of DC, DR, DCR types.

Therefore, xenon lamps can only be installed in headlights marked DR, DC, DCR. If you have installed gas-discharge lamps in a headlight marked HR, NS, HCR, then you will not be able to persuade a traffic police officer to issue a warning or a fine if he detects a violation.

Why was the installation of xenon banned?

The above document provides explanations from 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 the given lighting device violates the conditions for ensuring road safety due to a number of physical factors (dimensions of the spark discharge, wavelength, scattering angle of reflected radiation) and technical (class of reflective surface of the reflector, presence on the vehicle of an automatic light beam corrector and 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 in the operating mode of external lighting devices (a set of technical characteristics of headlights corresponding to a particular light distribution that ensures road safety depending on road situation and weather conditions) to the requirements of the vehicle design.

The fine for xenon

There is no direct ban in the administrative code on xenon lamps in conventional headlights. Driving a vehicle with such headlights is qualified by traffic police officers 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 are installed lighting devices with red lights or red reflective devices, as well as lighting devices, the color of the lights and the operating mode 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 specified instruments and devices.

What requirements of the main provisions are discussed in the law?

Appendix No. 3 to the Traffic Rules contains a list of malfunctions and conditions when operating a vehicle is prohibited. These include cases where the number, type, color, location and operating mode of external lighting devices do not meet the requirements of the vehicle design. And also: when the headlights use lenses and lamps that do not correspond to the type of the given 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 your headlight and confirm the marking on the headlight, which indicates that only a halogen lamp can be installed in it.

Magistrates' courts consider such cases; there is sufficient practice on such materials. The result is the same: deprivation of the right to drive. No fines are imposed as an alternative form of punishment.

Are they deprived of rights for diodes?

Not everything is clear with diode lamps. We were able to find the following examples of court decisions when drivers lost their right to drive because of LED lamps:

However, these are decisions from 2017. It was not possible to find similar solutions for 2018. In addition, it turned out that new cars of 2018 leaving car dealerships with factory “LED light” on the headlights have the “halogen” marking HR, HC, HCR.

Later it turned out that for installing diode lamps, drivers are charged 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 court decisions on xenon

In conclusion, we suggest that you familiarize yourself with the decisions of the courts, which recognized the fact of an administrative violation among drivers who used xenon in halogen headlights and ordered the deprivation of the right to drive a vehicle.

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Unauthorized installation of xenon lamps in car headlights, the design of which does not imply their use, will sooner or later become the object of close attention of traffic police officers.

The reason for this is simple - the unregulated light of xenon lamps strongly dazzles oncoming cars, creating an emergency situation on the roads. Unfortunately, not a single document regulating road traffic rules says anything directly about xenon.

What is the fine for xenon in 2017? How does the traffic police regulate the installation of xenon lamps? How to use xenon correctly? Let's figure it out together.

What is the legal fine for xenon?

If we turn to the Code of Administrative Offenses of the Russian Federation to obtain information about the legality of using xenon, we will not find an article that specifically talks about this type of lamp. Therefore, only the general one can be used, which states that driving a car is prohibited if there are certain malfunctions or its design does not comply with certain standards.

We are interested in part 3 of this article, which says:

Driving a vehicle on the front of which are installed lighting devices with red lights or red reflective devices, as well as lighting devices, the color of the lights and the mode of operation of which do not comply with the requirements of the Basic Regulations for the admission of vehicles to operation and the duties of safety officials road traffic - entails deprivation of the right to drive vehicles for a period of 6 months to 1 year with confiscation of the specified devices and accessories.

What “Basic provisions for the approval of vehicles for operation...” are we talking about? This is a document that is an appendix to the Traffic Rules. Along with it, there is also a List of faults and conditions under which the operation of vehicles is prohibited.

We are interested in his 3rd point, part 3.4, which talks about external lighting devices:

Light fixtures do not have lenses or use lenses and lamps that do not match the type of light fixture.

It turns out, the absence of lenses and lamps in car headlights, as well as their inconsistency with the type of headlights, is a violation . And you cannot drive a car with such violations of operating standards. Responsibility for the illegal installation of xenon comes in accordance with this article. What fine will the inspector write for xenon? There is no fine; in accordance with the law, this violation is subject to deprivation of rights for a period of 6 months to 1 year and confiscation of xenon lamps.

Ban on operating cars with xenon headlights

Is a ban on subsequent operation of a car with xenon used in conjunction with deprivation of rights? If we turn to Article 27.13 of the Code of Administrative Offenses of the Russian Federation, we will find in its 2nd part a mention of Article 12.5, in terms of its paragraphs 2-6. Based on Part 2 of Art. On 27.13, the state registration plates are removed from the car, after which the driver must correct the fault within 24 hours, and the car can only be driven to the place where the fault is repaired.

But not everything is so sad! The specified paragraph 2 of Article 27.13 of the Code of Administrative Offenses of the Russian Federation lost force back in 2014, on the basis of Federal Law No. 307. Currently, the removal of registration plates for the use of xenon is not applied. If the inspector decides to use it, then his actions are illegal and subject to appeal!

How to avoid a fine for xenon?

You can avoid deprivation of rights for using gas-discharge (xenon) lamps only in two cases:

  • xenon headlights were installed at the factory by the manufacturer himself;
  • The design of headlights or foglights allows the use of xenon lamps.

To find out whether xenon is allowed in headlights, you need to look at their markings. The possibility of using xenon lamps may also be indicated in the vehicle’s operating manual.

What are the markings?

  • C, R, CR – only incandescent lamps are allowed to be used;
  • HCR, HCHR – xenon for low beam, halogen lamps for high beam;
  • DC – xenon for low beam;
  • DR – xenon for high beam;
  • DCR - xenon is allowed to be used for both low and high beams.

The indicated markings are valid for front headlights, fog lights and other lighting fixtures, no matter where in the car they are installed. If their marking allows the use of xenon lamps, then no punishment can be expected. You can also find out about the possibility of installing xenon headlights by the presence of special ebb mounts for ignition units.

By the way, until the beginning of 2014, when Order No. 1123 of the Ministry of Internal Affairs came into force, it was allowed to install xenon lamps in headlights that were not intended for this. To do this, it was necessary to collect many certificates and documents, as well as submit a petition to the traffic police.

Rules for communicating with traffic police inspectors

If the traffic police inspector decides that xenon in the headlights is installed illegally, then he must conduct an inspection of the vehicle, guided by the strict rules of the law. How should the procedure be carried out correctly and how should you structure your communication with a traffic police officer?

  1. The first step is to ask the inspector to present his service ID in expanded form (if he has not done so himself) and try to remember his last name, first name and patronymic, badge number and telephone number of the duty station to which he is attached. This will be useful if there is a need to prove his illegal actions in court;
  2. The inspector must have a valid reason to stop the car. In our case, this is the light of xenon lamps, which he identified visually. To check his assumption about the illegal installation of xenon, the inspector must open the hood, which is no longer a simple inspection, but search . According to the law, the search must be carried out in the presence of two witnesses or in the presence of video recording (Article 27.9 of the Code of Administrative Offenses of the Russian Federation);
  3. Upon inspection, a protocol is drawn up, which should describe in detail who compiled it, in relation to whom, how the inspection was carried out and what was discovered as a result. The protocol has a special column “Responsibilities and rights explained.” If the rights were not explained, then it is worth mentioning this in this column and signing it. The inspector cannot get by with an offer to study them himself. The driver has the right to demand clarification of the procedure for appealing the actions of a traffic police officer and reporting information about the location of the duty officer or other responsible person;
  4. In the column “Explanations of the person,” if you disagree with the inspector’s conclusions, you must write, “I do not agree with the alleged violation, I require the help of a lawyer.” In the future, this will be useful in court and will help avoid deprivation of rights;

After drawing up and signing the protocol, the inspector is obliged to release the driver; he has no right to remove registration plates from the car or send him to a impound lot. Only a court can deprive rights for xenon. In the worst case, you will have to give up your rights for 1 year for using it. Xenon lamps are usually not confiscated, although this is the legal right of a State Traffic Inspectorate employee. There is no penalty for using xenon.

Deprivation of rights for xenon in 2020 is a rather likely prospect if this xenon is installed on a car that is not intended for this. If xenon headlights were not installed from the factory, then in order to install it, the car must be equipped with automatic headlight level correction, headlight washers, and the headlights themselves must be marked specifically for the possibility of installing xenon. Otherwise, 90 percent of your rights may be revoked.

But, most importantly, the operating mode of lighting devices with xenon also complies with the Basic Provisions. The fact is that these provisions do not regulate the operating mode itself. However, the closest regulatory act to the traffic rules, which gives an understanding of what the operating mode is, is the Technical Regulations of the Customs Union, which tells us that the operating mode of lighting devices can be constant or flashing. That is, the mode of operation of the headlights is not their type, but the order in which they operate for an external observer: they either shine equally constantly or blink. For example, a fuel tanker has an orange flashing light on the roof.

Thus, both the operating mode and the color of xenon lights do not violate the law. Therefore, it is illegal to deprive a person of rights for xenon under Part 3 of Article 12.5.

How to avoid penalties for xenon?

To avoid deprivation of rights for installing xenon, there is no need to look for any loopholes for 2020. We explained above that the maximum that can be provided for illegally installed xenon is a fine of rubles.

Your job is to correctly explain all this to the judge hearing the case. The trouble here is that district judges who impose deprivation for xenon in the first instance when considering cases based on the protocols of traffic police officers, most often do not even want to listen to the person involved. Alas, but, most likely, you will have to appeal the decision of such judges to higher courts.

If, nevertheless, they are subject to deprivation, then how can they be reclassified to a fine?

So, 12.5.3 provides for a fine or deprivation of rights for xenon. How can we even understand what we will get from this when attracting?

Mitigating circumstances that increase the likelihood of a fine include:

  • the driver’s repentance and admission of guilt, a promise to remove the xenon or dismantled xenon at the time of the court hearing;
  • confession (if you yourself stopped and admitted to the inspector that you had illegally installed xenon);
  • description of all the circumstances of the case;
  • driving a car with xenon by a pregnant woman or a woman with a small child.

Aggravating circumstances that increase the likelihood of deprivation include:

  • failure to comply with a request to stop the offense;
  • if you have repeatedly come across xenon;
  • if at the time of detection of xenon you were drunk or refused a medical examination;
  • This is not in the article, but in judicial practice the judge’s attention is drawn to this - the presence of any traffic police fines.

Can I install xenon and not lose my license?

We have already said above that to install xenon, if it is not supplied standard, the car must meet certain requirements: have headlight washers and automatic headlight angle correction, as well as appropriate markings.

If your car is equipped with the first two parts, then it is also easy to understand whether the headlight markings allow you to install xenon. You just need to find the markings on the headlights and isolate the abbreviations given in the table below.

Marking Description Is it possible to install xenon?
DC/DR This headlight is equipped with separate lamps for low and high beam. Both lamps can be xenon Yes
DCR Similar to the previous point, only one lamp is used for low and high beam, and it can also be xenon Yes
HR or DC In such a headlight, only a low beam lamp is provided for installing xenon. There are two of them in total - it is prohibited to install xenon in the main beam. Only to the nearest
HR/HC This marking is applied to cars of Japanese and European brands. So, if you have such a marking and you have a Japanese car, then you can install xenon in such a headlight. But if it’s European, you can’t. Conditionally yes

Cancellation (termination) of registration for xenon

In recent years, the traffic police has been practicing such a form of punishment as deregistration of a car for non-compliance with its technical regulations. Most often, the practice of deregistration can be found for installing LPG (converting a car to gas), a firewall, and the like - the main thing for this is that the car has been converted. Installing xenon, if xenon is not provided by the manufacturer, is a re-equipment of the car, since a component is installed on it that does not meet the safety level tested for this car model.

Consequently, car registration can be canceled for xenon. How does this happen? Most often, you simply receive a notification by mail from the traffic police stating that the registration of your car has been terminated due to the installation of xenon. Before this, of course, you should have been caught with xenon (and, most likely, more than once). Also with the notice you will receive a requirement to present the car for inspection at the traffic police - just as if you brought the car in for inspection when purchasing it for registration.

If you do not do this, then when your documents are searched through the database by the traffic police officer who once stopped you and sees the termination of registration, for the first time he will issue a fine in the amount of 500 rubles under Part 1 of Article 12.1 of the Administrative Code. The second time you will face a fine of 5,000 rubles or deprivation of your license for 1-3 months. At the same time, (pink plastic) and license plates will be confiscated from you.

Alas, but cancellation of registration in essence, although absurd, is quite legal. This right is given by paragraph 50 of Order No. 399 " About the procedure for registering vehicles".