In 2003 the NHTSA published a notice of draft interpretation for FMVSS 108 which addresses vehicle lighting. That stated (or at least was interpreted) that fitting HID headlights to any vehicle that didn't come from the factory with HID's was illegal.

SEMA pushed for a reinterpretation and in Nov 2005 issued this press release:
http://elitecm.net/forums/index.php?topic=155.0 (Sorry, I can't find it on SEMA's web site)
The actual NHTSA reinterpretation is here:
http://www.gpo.gov/fdsys/pkg/FR-2005...f/05-21725.pdf

Unfortunately, I suppose because of "government speak" combined with wishful thinking on the part of some folks, some people, including HID kit sellers, are taking the 2005 reinterpretation as meaning you can buy HID kits and stick them in your halogen housings. A search of car forums will show a lot of people making that claim. However, a careful reading of the above pdf shows this isn't true, despite people's claims otherwise.
But I decided to go to the source anyway, to make sure.

I contacted the local NHTSA office and it took some time, but yesterday I received a call from an attorney in the DC office who works for Steven P. Wood, chief counsel for the NHTSA, the person who wrote the above document.

What he told me was that I was correct, that you cannot buy an HID kit and install it in your existing halogen housing. However, if you can find an off-the-shelf DOT compliant HID assembly that you can replace your entire housing with, then you're fine.
Projectors, levelers, etc. makes no difference, still illegal. Complete replacement assembly's are the only legal way.

As an example, for a Land Rover Discovery 1 you would have to buy HID units that are a direct replacement for STC1237 and STC1238.


Anything else is illegal in all 50 states.

I asked them if they would consider publishing a simplified human speak version and he said he'd pass the request on to his boss.

He also mentioned that they are getting a lot of calls from law enforcement asking for the same clarification, so even if you don't care that all retrofit kits are illegal, don't assume you won't get stopped by the police for it.

edit: to fix changed 05-21725.pdf link

 

Good info Tom, thank you for doing this legwork.
I wish we could shoot these idiots who install these kits.

 

i have learned to just drive directly at them flashing my lights and beeping frantic. maybe they get the idea maybe they don't. either way its good to have this thread to prove the HID conversion people wrong and hopefully change the minds of those who look to do this mod.

 

The local news channel in Boston did a story on that last month, and they had the same answer, yes you can buy and stick HID light in but they are not legal. They were talking about passing legislation to have inspection stations reject vehicles that were not OEM equipt.

 

Wording for such legislation is important as the NHTSA allows the replacement of a complete halogen assembly with a complete HID assembly. If the state writes something contrary to that it may invalidate the complete regulation. States cannot contravene FMVSS 108.

Hopefully they'll just write it that lighting has to comply with FMVSS 108 to pass inspection.

 

Likely scenario-My car is due for inspection and I have a HID kit installed.
Because I'm have way intelligent I saved my old bulbs.
Before I head to inspection I replace the bulbs.
Pass inspection.
Go back home and put the HID bulbs back.


I know a guy in CA who took a WRX and ripped the emissions off it, put in a racing exhaust and a stage 2 turbo as well as a racing ECU.
Come inspection time he puts the stock exhaust back on and the OEM ecu back.
The turbo make no difference.
Go's back home and rips it all out.
He says its a small price to pay for the added horse power and fun.

 

It occurred to me that it might be worth adding this to the various tech sections, since the subject keeps coming up.

Also, I neglected to mention that proper HID, or LED, assemblies would be legal for Defenders, RCC's, Series and any other Land Rover with 7" round headlights because you can get the complete housing, reflector, bulb and lens assembly.

 

for over $500 for two LED headlights i will stick with my hella h4's and ultravision bulbs.

 

Well It doesn't matter to me.. I'm not going to pull the HID's out of all my cars just because it's not correct.. I just live in happy states that don't care.. Still going to install the HID's in my Disco 1..

Chris

 

I'm sure, as will many, but this thread was directed at those who erroneously believe that HID conversion kits are legal and so are considering fitting them, not those who choose to ignore the law and have a disregard for other drivers' safety.