HIDs are illegal if not original equipment on that vehicle. Problem is everyone who uses them illegally refuses to read the truth or the law
In 2003 the NHTSA published a notice of draft interpretation for FMVSS 108 which addresses vehicle lighting. That stated (or at least was interpreted) that fitting HID headlights to any vehicle that didn't come from the factory with HID's was illegal.
SEMA pushed for a reinterpretation and in Nov 2005 issued this press release:
http://elitecm.net/forums/index.php?topic=155.0 (Sorry, I can't find it on SEMA's web site)
The actual NHTSA reinterpretation is here:
http://edocket.access.gpo.gov/2005/pdf/05-21725.pdf
Unfortunately, I suppose because of "government speak" combined with wishful thinking on the part of some folks, some people, including HID kit sellers, are taking the 2005 reinterpretation as meaning you can buy HID kits and stick them in your halogen housings. A search of car forums will show a
lot of people making that claim. However, a careful reading of the above pdf shows this isn't true, despite people's claims otherwise.
But I decided to go to the source anyway, to make sure.
I contacted the local NHTSA office and it took some time, but yesterday I received a call from an attorney in the DC office who works for Steven P. Wood, chief counsel for the NHTSA, the person who wrote the above document.
What he told me was that I was correct, that you cannot buy an HID kit and install it in your existing halogen housing.
Howver, if you can find an off-the-shelf DOT compliant HID assembly that you can replace your entire housing with, then you're fine.
As an example, for a Land Rover Discovery 1 you would have to buy HID units that are a direct replacement for STC1237 and STC1238.
You must be registered for see images attach
Anything else is illegal in all 50 states.
I asked them if they would consider publishing a simplified human speak version and he said he'd pass the request on to his boss.
He also mentioned that they are getting a
lot of calls from law enforcement asking for the same clarification, so even if you don't care that all retrofit kits are illegal, don't assume you won't get stopped by the police for it.