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Committee holds over bill that would require headlights when windshield wipers are used amid policing concerns
Summary
Senators discussed removing a fog-specific requirement and replacing it with a rule that headlights be used when windshield wipers are operating; some members expressed concern that the rule could invite pretextual traffic stops, and the committee carried the bill over to allow more review.
The Senate Committee on Judiciary on May 14 discussed House Bill 2522, which would require vehicle headlights to be used whenever windshield wipers are operating, and carried the measure over to the next meeting for further consideration.
Chair Prozanski explained that the proposed dash-1 amendment removes a statutory requirement to turn on headlights specifically “in fog,” replacing it with a requirement that headlights be used when windshield wipers are in use (except to clean the windshield) because the term “fog” raised enforcement and definitional concerns. The chair said the change was intended to avoid ambiguous enforcement standards that could lead to pretextual stops.
Senator Manning questioned whether the change would reverse prior efforts to reduce pretextual traffic stops, warning that police could use the provision to justify stops. Manning noted that many newer vehicles automatically activate headlights with wipers and expressed concern about disadvantaging drivers of older vehicles. Senator Thatcher and other members said the change grew from an ODOT educational campaign called “Lights and Wipers” and acknowledged the disparate impact on drivers of older vehicles.
The chair said the committee did not have the updated paperwork for a dash-A4 amendment she described that would refine definitions; lacking final amendment text and fiscal review, the committee carried HB 2522 to its next scheduled meeting on Monday, May 19.
