If a motor vehicle is operated on a roadway or shoulder adjacent to a roadway during the times provided in section 28-922, the driver shall use a distribution of light or composite beam that is directed high enough and that has sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:
1. If a driver of a vehicle approaches an oncoming vehicle within five hundred feet, the driver shall use a distribution of light or composite beam aimed so that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light or composite beam provided in section 28-941, paragraph 2 is deemed to avoid glare at all times, regardless of road contour and loading.
2. If the driver of a vehicle follows another vehicle within two hundred feet to the rear, except when engaged in the act of overtaking and passing, the driver shall use a distribution of light permissible under this article other than the uppermost distribution of light specified in section 28-941, paragraph 1.
Notes of Decisions
Cited in
6
cases (
1 in the last 5 years), 1958–2022 · leading case:
Robledo v. Kopp.
Robledo v. Kopp (Ariz. 1965).
· cites it 6× “§ 28-942 which appears to be no more than an ordinary prudent person or reasonable man under the circumstances test.”
Adams v. State (Alaska 2011).
“ARS. § 28-942(A). Barton L. Baker, Attorney at Law by Barton L.”
Robledo v. Kopp (Ariz. 1965).
· cites it 4× “Kirby, supra, and held that each case requires a reference to the surrounding circumstances in light of A.R.S. § 28-942 which appears to be no more than an ordinary prudent person or reasonable man under the circumstances test.”
Gray v. Woods (Ariz. 1958).
· cites it 2× “§ 28-942), which read as follows: “I instruct you that the law of the State of Arizona requires that whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto at any time from a half-hour after sunset to a half-hour before sunrise, the driver shall use…”
LeRoy v. Phillips (Ariz. 1965).
· cites it 4× “] A.R.S. § 28-942— “When a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in § 28-922, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and…”
State v. L. Gardner (Mont. 2022).
“But even a conscientious driver, desirous of following the law, would find it difficult to determine whether an oncoming vehicle on a dark, two-lane road with no visible landrnarks is 1000 feet away or 750 feet away—especially if that vehicle's brights are illuminated.”
— Ariz. Rev. Stat. § 28-942(A) — 1 case
Adams v. State (Alaska 2011).
“ARS. § 28-942(A). Barton L. Baker, Attorney at Law by Barton L.”
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