S. 62 (7) Headlight Modified = Yellow Drl?

Hi guys,

Got a 110 ticket for having "yellow light" on the front. The officer also said I wasn't allowed to have fog lights on unless there was fog.. But that he was "giving me a break" for that.

I looked into the HTA and I don't even see that rule about the fogs. All I see is that there can't be more than 4 bulbs pointing forward over 300 caledonia.. Which would mean the fogs are not illegal as they're part of the 4 (parking lights being below that rating of brightness?).

Keep in mind, these are factory stock fogs.

Furthermore the HTA states that DRLs can be white or amber no??

I even showed the cop that the yellows were my DRLs because I had realized maybe he wasn't happy I didn't have headlights on yet but he requested the "yellow". This was at 845pm last night but the sun was out and the cop himself didn't even have his parking lights on yet.

He said if I took out the bulbs and took a picture I could have the ticket thrown out. How do I even go about doing this?? And also, do I even need to take out the bulb?? I hate the idea of having this ticket and not knowing how to proceed is stressing me out (hence why I'm up @ 6am..)

Thanks anyone who can help!

PS: section 6 of the forum doesn't seem to have anyone posting there hence why I posted it here..

EDIT: for reference, the HTA reference for s 67 (7)

"Attachment that affects lamps prohibited

(7)  No person shall drive upon a highway a motor vehicle if either or both of the lamps that are required on the front of the vehicle by subsections (1), (2) and (3),

(a) are coated or covered with a coloured material; or

(b) have been modified by the attachment to the lamps or the motor vehicle of any device that reduces the effective area of the lenses or the intensity of the beam of the lamps. 2002, c. 18, Sched. P, s. 19 (1).

So what is the officer's allegation? That the bulbs on your vehicle are tinted? If they produce a natural yellow light, then no, they should not be illegal. If the bulbs have a tint or coating that give the yellow colour, then it might be problematic.

I believe they may be tinted.. but the officer never actually talked about that. He merely said there are no yellow lights allowed. Also, that fogs were not allowed on...

Section 62 (1) requires two lights on the front of the vehicle, and for them to be white or amber, which is what you have. Obviously section 62 (7) must mean any other colour than the required amber. Saying they have to be amber, and then saying they cannot be amber does not make sense, and it clearly says so here

Exception

(7.1) Clause (7) (a) does not apply if the lamps are of the prescribed type or meet the prescribed standards. 2002, c. 18, Sched. P, s. 19 (1).

Your lights are of the prescribed type e.g. white or amber, thus clause 7 (a) does not apply. At least that is how I read this section, and I would refer to them as amber, not yellow when discussing them. I am not sure where you would find schedule P.

The time of the offense would be irrelevent, unless you had no lights on at all, and it was a less than a half hour after sunset. I am not familiar enough with fog lights and HTA to say they can or cannot be on other than during fog, I am highly sceptical but would change my mind if shown the section prohibiting this, and you were not charged with this either.