(a)  The headlights of every motor vehicle shall be so constructed, equipped, arranged, focused, aimed, and adjusted, that they will at all times mentioned in § 55-9-401, and under normal atmospheric conditions and on a level road produce a driving light sufficient to render clearly discernible a person two hundred feet (200") ahead, but shall not project a glaring or dazzling light to persons in front of such headlights. Such headlights shall be displayed during the period from one-half (½) hour after sunset to one-half (½) hour before sunrise, during fog, smoke, or rain and at all other times when there is not sufficient light to render clearly discernible any person on the road at a distance of two hundred feet (200") ahead of such vehicle.

(b)  (1)  Operation of headlights during periods of rain, as required in this section, shall be made during any time when rain, mist, or other precipitation, including snow, necessitates the constant use of windshield wipers by motorists.

     (2)  Notwithstanding any provision of the law to the contrary, any person who is arrested or receives a traffic citation for violation of the provisions of this subsection (b), upon conviction, shall not be fined more than the maximum fine nor less than the minimum fine as provided by law for such violation nor shall any cost be imposed or assessed against such person. Such conviction shall not be reported to the department of safety under the provisions of §§ 55-10-306 and 55-12-115.

     (3)  No cost shall be charged under this subsection (b).

     (4)  A violation of this subsection (b) is a Class C misdemeanor.

[Acts 1931, ch. 82, § 15; 1937, ch. 245; C. Supp. 1950, § 2700.16 (Williams, § 2695); Acts 1970, ch. 359, § 1; 1979, ch. 217, §§ 1, 2, 3, 5; T.C.A. (orig. ed.), § 59-909; Acts 1989, ch. 591, § 113.]