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55-9-409 - Inspecting and testing lamps emitting glare Order to remove illegal lamps Arrest of drivers.

55-9-409. Inspecting and testing lamps emitting glare Order to remove illegal lamps Arrest of drivers.

(a)  Any member of the highway patrol having reasonable ground to believe that any headlamp or auxiliary driving or fog lamp or any device subject to approval upon a vehicle emits a glaring light as defined in §§ 55-9-406 and 55-9-408, or otherwise fails to comply with the requirements of this part, may require the driver of the vehicle to stop and submit the lamp to an inspection or test. In the event the lamp or device is not of the type that has been approved by the department, the officer making the inspection shall require the driver of the vehicle to remove the illegal lamp within twenty-four (24) hours, and may arrest the driver and give the driver a notice to appear, and may further require the driver or the owner of the vehicle to produce in court satisfactory evidence of the removal of the illegal lamp.

(b)  In the event any headlight or auxiliary driving or fog light of a type that has been approved by the department, by reason of faulty adjustment or otherwise, emits a glaring light as defined in §§ 55-9-406 and 55-9-408 or otherwise fails to comply with this part, the officer making the inspection shall direct the driver to make the light or lights conform to the requirements of this part within forty-eight (48) hours. The officer may also arrest the driver and give the driver a notice to appear, and further require the driver or the owner of the vehicle to produce in court satisfactory evidence that the light or lights have been made to conform with the requirements of this part.

[Acts 1937, ch. 245, § 5; 1939, ch. 206, § 5; C. Supp. 1950, § 2700.16 (Williams, § 2695); T.C.A. (orig. ed.), § 59-912.]  

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