by elkanah1 » Wed Jun 13, 2012 3:08 pm
Having smoked tail lights is breaking the law like speeding. Any time a police officer observes that your car is no longer leagl to drive on the streets, you can count on at least a ticket and more likely having the vehicle impounded. As part of having the vehicle impounded, you can count on the officer entering your vehicle and trunk and inventorying all of your personal property on the impound form. Some people refer to this as a search, but it's just an inventory to protect you from a dishonest tow truck driver.
Smoked tail lights are actually illegal in all 50 states regardless. As you can imagine if every state made their own exclusive laws regarding automobiles, you would almost have to buy a new car every time you crossed a state line. So the US Government enacted some minimum requirements for all vehicles. These are called the Federal Motor Vehicle Safety Standards (FMVSS). A state can make a more strict rule - but not a less strict rule. An example of this is California emissions laws are more strict than required by the feds.
FMVSS establishes certain minimum requirements for lamps and lens used on vehicles. A manufacturer wishing to cell a vehicle for use in the US must "certify" that every component on the vehicle meets the minimum requirements. This is documented on a small label inside the drivers door called a federal certification label. If you wish to change the lamp or lens on the vehicle you must buy it from a manufacturer who is allowed to conduct business in the US. The manufacturer must designate a US office and this is done with a certificate. Then each product they manufacturer must be tested for compliance with the minimum standards. For each product they will also have a certificate. So if you smoked your own taillights or had a tint shop do it, the officer will ask you for your manufacturer certificate (or a copy from the tint shop). Then the officer will ask you for the certificate that certifies your lamps still meet the minimum requirements. If you are missing either or both the officer can do one of three things; issue a ticket that can be paid in the mail, issue a fix it ticket that requires you to purchase lamps and lens that meet the requirements, or impound the vehicle at your expense until a licensed repair shop can make the change for you.
By having tinted lens you are breaking the law regarding your vehicle, as well as a second law that requires you to have red reflectors (with all the same requirements as above).
Is it possible to use brighter bulbs to make up for the safety deficit from smoking the lens? No, again you would have to be a certified manufacturer and then do testing of your work.
Again these requirements are enforceable in all 50 states.