Hitting the flash to pass is not the same as turning on the high beams, as it does not extinguish the low beams. Flash to pass (MFS pulled back) is brighter as both light sets are on (technically, all 3). When the stalk is pushed forward, it disengages low beam or low beam filament, turning off the driving lights with them.
For headlights... Cops here locally in MI say that the HMVSS 108 federal law is what they can enforce. Do they? It's subjective. A lot of it depends on what else you were pulled over for, and the attitude of the person being pulled over.
I pulled a few examples since they're easy to find:
Oregon's code reads:
http://www.odot.state.or.us/comm/news/2002021201.htm
Fog Lights: A vehicle may be equipped with two fog lights. The lights may be white or amber. The beam must strike the road not more than 75 feet ahead of the vehicle on which it is mounted.
These lights are illegal to have in operation at times when you are required to dim your headlights.
Oregon adopted the federal automotive lighting standards (Division 108 Lighting), therefore all bulbs, replacement or not, have to meet the federal standard.
Idaho's code reads:
(2) Any motor vehicle may be equipped with not more than two (2) fog
lamps mounted on the front, at a height not less than twelve (12) inches nor
more than thirty (30) inches above the level surface upon which the vehicle
stands, and so aimed that when the vehicle is not loaded none of the
high-intensity portion of the light to the left of the center of the vehicle
shall at a distance of twenty-five (25) feet ahead project higher than a level
of four (4) inches below the level of the center of the lamp from which it
comes.
Lighted fog lamps meeting these requirements may be used with lower
head lamp beams as specified in section 49-922(2), Idaho Code.
Some info for this and other similar questions since I'm bored at work...
(This is for Michigan)
Question: Is having smoked tail light/brake covers legal in Michigan? How about the smoked ones with slashes or vents in them showing a small part of the original red lens?
Answer: MCL 257.686 requires a tail lamp to emit a red light plainly visible for at least 500 feet to the rear of the vehicle.
MCL 257.697 requires stop lamps to emit a red or amber light and be capable of being seen and distinguished from other lamps for a distance of 100 feet, including during normal daylight.
If the cover you apply prohibits the lamp from meeting these requirements then it is unlawful.
Also:
HIDs that come as OEM typically meet headlight standards under FMVSS 108. Aftermarket HIDs of 6505KK+ i.e. the more blue they are is worse...) don't meet the standards and are therefore illegal.