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Clause 31.4 (Technical condition of vehicles and their equipment)

The operation of vehicles is prohibited according to the law in the presence of such technical malfunctions and non-compliance with such requirements (a list is provided further in clause 31.4, in particular regarding external lighting devices in clause 31.4.3).

This clause checks the general principle: operation is prohibited only in the presence of malfunctions/non-compliances that are directly specified in the list of clause 31.4.

Clause 31.4.3 (External lighting devices)

a) the number, type, color, placement, and operating mode of external lighting devices do not meet the requirements of the vehicle's design;

c) the left headlamp does not light up in low beam mode;

d) lighting devices do not have diffusers or use diffusers and bulbs that do not correspond to the type of this lighting device;

e) the diffusers of lighting devices have tinting or coating applied that reduces their transparency or light transmittance.

Application to the question: the absence of fog lights by itself is not listed in clause 31.4.3 as a malfunction/non-compliance that prohibits operation (unlike, for example, a non-working left low beam headlamp or inappropriate diffusers/bulbs). In addition, according to subparagraph "a", the violation is specifically non-compliance with the "requirements of the design" of the particular vehicle, not the mere fact that there are no fog lights as such.

Clause 19.1

At night and in conditions of insufficient visibility, regardless of the degree of road illumination, as well as in tunnels, all moving mechanical vehicles must have their low (high) beam headlights turned on.

Note. In conditions of insufficient visibility, it is allowed to turn on fog lights instead of low (high) beam headlights on mechanical vehicles.

Application to the question: The Traffic Rules specify that fog lights may be used as a substitute for low/high beam headlights in conditions of insufficient visibility, that is, they are not mandatory for every vehicle—the mandatory requirement is the ability to drive with low (high) beam headlights turned on.

Thus, the correct answer is "Fog lights are absent.", given that according to the Traffic Rules, a prohibition on operation is established only for malfunctions/non-compliances directly listed in clause 31.4 (in particular 31.4.3), and the absence of fog lights as a separate reason is not provided there, and clause 19.1 allows their use only as an alternative, not as mandatory equipment.

The question checks whether you can distinguish a malfunction that prohibits operation from a feature of the vehicle's equipment. We refer to clause 31.4.3 of the Traffic Rules of Ukraine, which defines with which malfunctions of external lighting devices the operation of the vehicle is prohibited.

This clause prohibits, in particular, situations where the external lighting devices do not meet the design requirements, when the left headlight does not work in low beam mode, when diffusers or bulbs are missing or inappropriate, as well as when there is tinting or coating that reduces transparency or light transmission. That is, we are talking about violations that directly impair the driver's visibility or the vehicle's visibility to other road users.

At the same time, the absence of fog lights as such is not included in the list of malfunctions in clause 31.4.3 that entail a prohibition on operation. Fog lights are not a mandatory element on every vehicle: some models may not have them from the factory. If they are absent, the driver still fulfills the requirements for road lighting with the standard low (or high) beam headlights, which are mandatory.

Therefore, the correct answer is "Fog lights are missing," since clause 31.4.3 of the Traffic Rules does not classify their absence as a technical malfunction of external lighting devices that prohibits the operation of the vehicle.