Extract from The Human
Rights Act 1998
SCHEDULE 1
The
Articles
Part I
The
Convention
Rights and
Freedoms
Article
2
Right to life
"Everyone’s
right to life shall be protected by law."
www.opsi.gov.uk/acts/acts1998/ukpga_19980042_en_3
Daytime headlights (particularly HID type)
violate this human right by masking vulnerable road users.
The
Highway Code, the MOT test and
The Road Vehicle Lighting
Regulations 1989 Part III Regulations Governing the
Maintenance of lamps, reflectors, rear markings and devices
Section 23 Paragraph 2 a (iii) and Paragraph 2 b (iii) require
all lamps to be working before driving is permitted, therefore
driving with a failed headlamp or running lamp is in
contravention of the above clause and illegal. The
Association of British Insurers advise DRL via their
Thatcham Crash Laboratory (they are reliant upon flawed
DRL Studies), certain insurance companies e.g. AXA advise
DRL, and to the population as a whole by inference and example
from TV adverts by Volvo and lamp bulb manufacturers
www.Osram.co.uk
advise or encourage drivers to use permanent DRL via
normal headlamp dipped beams (also called passing beams). Volvo
Cars use permanent DRL with EU type approval.
Using normal headlamps for DRL is an incorrect application.
Headlamps are designed for seeing with. To allow a vehicle to
be seen, dedicated non-glaring long life lamps such as Light
Emitting Diodes (LED) should have been used.
Standard H4 and H7 tungsten halogen lamp bulbs from the major
manufacturers Osram, Phillips and Ring were never designed for
continuous use and have a lifespan of only 300 – 400 hours.
There are long life lamps available which last between 300 –
1200 hours, but these reduce the light output by de-rating the
lamps and on the manufacturer’s own admission, they are not
advisable for night time use.
Energy efficient low power LED lamps are durable and reliable,
typically last for 60,000 hours, they have become common place
on vehicles for centre brake lights, some buses use them for
rear and indicator lamps.
Therefore standard tungsten halogen headlamp bulbs can burn out
in between normal service intervals, putting the driver at risk
when illumination is really needed for a driver to see and be
seen during the hours of darkness.
If a headlamp bulb has failed prematurely due to daytime use
because of vehicle design or advice and an accident ensues, you
may be able to claim compensation from the manufacturer or
insurer or source of advice even if it was your fault.
Rule 94 of the Highway code
states "You MUST
NOT use
any lights in a way which would dazzle or cause discomfort to
other road users". When DRL equipped cars bounce over
speed humps headlamps exceed the statutory 1% dip angle and
cause dazzle.
Incorrect
advice to use
DRL which put vulnerable road users at risk or lamp failure or dazzle due to humps could be construed to be
the causation of an accident,
for further advice consult
a specialist in accident claims, contact:
References
http://www.highwaycode.gov.uk
Road Traffic
Act 1988 or 1991 (as indicated)
RTA
Road Traffic
(New Drivers) Act 1995
RT(ND)A
Road Traffic
Regulation Act 1984
RTRA
Road Vehicles
(Construction & Use) Regulations 1986
CUR
Road Vehicles
Lighting Regulations 1989 RVLR
