if you're not using it, you're not likely to get bothered unless an LEO wants to be annoying. I think there's a cal vehicle code that says you can't have more than 2 pairs of aux lights (one pair of fogs, one pair of driving lights), and anything else has to be covered. lotta guys with the big arrays of roof top desert floods will cover them just to protect the lenses from road debris. on my older mercedes I turn the factory fogs on a lot, even in town, and have never been bothered, but they are aimed low to the road, and are yellow, I like them on to light the sides of dark narrow roads so I can see pedestrians, deer better.
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