The obligation to use low‑beam headlights (short beam) or DRL lights during daytime

The road legislation provides obligations for the drivers of motor vehicles and agricultural or forestry tractors regarding the use, also during daytime, of the low‑beam light (short beam) or the daytime running light “DRL”. To better understand these obligations, we must know the obligations imposed by the following articles of law:

• Letter b) of Paragraph (1) of Article 144 of the Regulation imposes the obligation to use low‑beam lights (short beam) or high‑beam lights (long beam), while driving, both in the urban area and outside it, according to the degree of lighting of the public road;
• Paragraph (2) of Article 44 of OUG 195/2002 imposes the obligation to use the low‑beam light (short beam) on all categories of roads when driving during daytime, but provides that the use of the daytime running light “DRL” is allowed instead of the low‑beam light (short beam), considering that in general, during daytime, it is enough to use at least one of these lights, either the low‑beam light (short beam) or the daytime running light “DRL”;
• On the other hand, Letters c), d), e) of Paragraph (1) of Article 144 of the Regulation and Paragraph (3) of Article 44 of OUG 195/2002 impose the obligation to use the low‑beam light in the respective cases, regardless of whether driving during daytime or nighttime. In these cases it is considered so necessary to use the low‑beam light (short beam) that the use of the daytime running light “DRL” instead of the low‑beam light is NO longer allowed, a situation in which the use of the low‑beam lights (short beam) is mandatory, regardless of whether you also have the daytime running lights “DRL” in operation.

Therefore, if a motor vehicle circulates in normal traffic conditions, during daytime, it has the option to circulate with either the low‑beam lights (short beam) or the daytime running lights “DRL”, or even both at the same time.

But when it comes to the motor vehicles listed below, these NO longer have the option to circulate with the daytime running lights “DRL” instead of the low‑beam lights (short beam) during daytime, having the obligation to circulate with the low‑beam lights (short beam), regardless of whether driving during daytime or nighttime and regardless of whether they also have the daytime running lights “DRL” in operation:

• motor vehicles accompanying military convoys or processions;
• motor vehicles transporting organized groups of people;
• motor vehicles towing other vehicles;
• motor vehicles transporting dangerous goods or products;
• motor vehicles circulating when it rains heavily, snows abundantly or in other conditions that reduce visibility on the road;
• motor vehicles circulating in dense fog, together with the fog lights;
• as well as motorcycles and mopeds for the entire duration of their movement on public roads.

OUG 195/2002 Article 44

[...]
(2) In traffic on all categories of public roads the drivers of motor vehicles and agricultural or forestry tractors are obliged to use also during daytime the low‑beam lights or the daytime running lights.
(3) The drivers of motorcycles and mopeds are obliged to use the low‑beam lights for the entire duration of their movement on public roads.
[...]

Regulation Article 114

(1) The drivers of motor vehicles, agricultural or forestry tractors and trams are obliged to use their lighting and/or signalling systems, as follows:
[...]
b) the low‑beam or high‑beam lights, while driving, both in the urban area and outside it, according to the degree of lighting of the public road;
c) the low‑beam lights and the fog lights in dense fog;
d) the low‑beam lights of the motor vehicles that accompany military convoys or processions, transport organized groups of people and those that tow other vehicles or transport dangerous goods or products, during daytime;
e) the low‑beam lights when it rains heavily, snows abundantly or in other conditions that reduce visibility on the road;
[...]

* OUG = EMERGENCY ORDINANCE no. 195 of December 12, 2002 updated (Road Traffic Code)
** Regulation = REGULATION for the application of OUG 195/2002 updated (Road Traffic Code Regulation)