2006 Code of Virginia § 46.2-1030 - When lights to be lighted; number of lights to be lighted at any time; use of warning light...

46.2-1030. When lights to be lighted; number of lights to be lighted at anytime; use of warning lights.

A. Every vehicle in operation on a highway in the Commonwealth shall displaylighted headlights and illuminating devices as required by this article (i)from sunset to sunrise, (ii) during any other time when, because of rain,smoke, fog, snow, sleet, insufficient light, or other unfavorable atmosphericconditions, visibility is reduced to a degree whereby persons or vehicles onthe highway are not clearly discernible at a distance of 500 feet, and (iii)whenever windshield wipers are in use as a result of fog, rain, sleet, orsnow. The provisions of this subsection, however, shall not apply toinstances when windshield wipers are used intermittently in misting rain,sleet, or snow.

B. Not more than four lights used to provide general illumination ahead ofthe vehicle, including at least two headlights and any other combination offog lights or other auxiliary lights approved by the Superintendent, shall belighted at any time. However, this limitation shall not preclude the displayof warning lights authorized in 46.2-1020 through 46.2-1027, or otherlights as may be authorized by the Superintendent.

C. Vehicles equipped with warning lights authorized in 46.2-1020 through46.2-1027 shall display lighted warning lights as authorized in such sectionsat all times when responding to emergency calls, towing disabled vehicles, orconstructing, repairing, and maintaining public highways or utilities on oralong public highways, except that amber lights on vehicles designed with aramp on wheels and a hydraulic lift with a capacity to haul or tow anothervehicle, commonly referred to as "rollbacks," need not be lit while thevehicle is in motion unless it is actually towing a vehicle.

D. The failure to display lighted headlights and illuminating devices underthe conditions set forth in clause (iii) of subsection A of this sectionshall not constitute negligence per se, nor shall violation of clause (iii)of subsection A of this section constitute a defense to any claim forpersonal injury or recovery of medical expenses for injuries sustained in amotor vehicle accident.

E. No demerit points shall be assessed for failure to display lightedheadlights and illuminating devices during periods of fog, rain, sleet, orsnow in violation of clause (iii) of subsection A of this section.

F. No citation for a violation of clause (iii) of subsection A of thissection shall be issued unless the officer issuing such citation has cause tostop or arrest the driver of such motor vehicle for the violation of someother provision of this Code or local ordinance relating to the operation,ownership, or maintenance of a motor vehicle or any criminal statute.

(Code 1950, 46-275; 1956, c. 640; 1958, c. 541, 46.1-268; 1960, c. 156;1970, c. 165; 1983, c. 132; 1987, c. 381; 1989, c. 727; 1992, c. 364; 1997,cc. 25, 589.)