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Defective Equipment Question-

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  • Defective Equipment Question-

    So, I was advised that you could not make a stop on an individual for having a brake light out if the other two IE the "3rd" brake light and another one of the two brake lamps were operational.

    Per the VA CODE "§ 46.2-1014.1. Supplemental high mount stop light.

    Whenever operated on the highways, every Virginia-registered passenger car manufactured for the 1986 or subsequent model year shall be equipped with a supplemental center high mount stop light of a type approved by the Superintendent or which meets the standards adopted by the United States Department of Transportation. The light shall be mounted as near the vertical center line of the vehicle as possible. The light shall be actuated only in conjunction with the vehicle's brake lights and hazard lights. Any supplemental high mount stop light installed on any other vehicle shall comply with those requirements. "

    Where as § 46.2-1014 states: Brake lights.

    Every motor vehicle, trailer, or semitrailer, except an antique vehicle not originally equipped with a brake light, registered in the Commonwealth and operated on the highways in the Commonwealth shall be equipped with at least two brake lights of a type approved by the Superintendent. Such brake lights shall automatically exhibit a red or amber light plainly visible in clear weather from a distance of 500 feet to the rear of such vehicle when the brake is applied.

    ----
    Too me, the "Supplemental high mount stop light" is different from Brake lights covered under 46.2-1014 am I correct?

    Also is there a cover-all defective equipment subsection? Thanks!

  • #2
    yup, you are right.

    and 46.2-1003. Illegal use of defective or unsafe equipment, is what most peeps use as a cover-all
    "Oh oh, the State is here......"

    Comment


    • #3
      Well, not sure exactly your question here - MPSniper is correct that the 46.2-1003 is a broad umbrella for "defective equipment." So, if you know that you've got something citable, but don't know the code section, that should work.

      That said, 46.2-1014.1 says all vehicles manufactured 1986+ MUST have a functional high-mount brake light, which lights up when the driver presses the brake pedal - period. (That's the light that usually sits in the center of the rear windshield.) This specific code section doesn't speak to whether they have 2 "low-mount" tail lights, 0 working tail lights, or 1500 working tail lights....just says they have to have a single high-mount brake light.

      46.2-1014, however, says that cars must have two functional "low-mount" (or standard position) red lights that are activated when the brake pedal is depressed. This specific code section says nothing about whether someone has 0, 1 or 1500 high-mount brake lights. Only says they must have two working low-mount brake lights.

      While I understand someone could try to argue that "a high mount brake light is, in fact, a brake light, and thus counts as one of the two needed under 46.2.1014," I don't think I've ever (a) heard this argued, or (b) known a judge who would agree with this logic, given the requirements of 46.2-1014.1!
      "You can just go ahead and common sense your way out of this conundrum!"

      Comment


      • #4
        direct, guys thanks

        Comment


        • #5
          Originally posted by MPSniper View Post
          yup, you are right.

          and 46.2-1003. Illegal use of defective or unsafe equipment, is what most peeps use as a cover-all
          Exactly!!!!!

          Comment

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