Here's the scoop on foglights, or driving lights, and how to get them activated. Like I said, do NOT refer to them as foglights. This generates a lot of confusion. The following applies in Minnesota.

Subd. 2. Fog light. Any motor vehicle may be
equipped with not to exceed two fog lamps mounted on the front at a height not less than 12 inches nor more than 30 inches above the level surface.

Our Aux lights are at about 32", hence the reluctance by MB to activate them - description in the manual says "Fog Lights."

The following describes auxilary lights.

Subd. 3. Auxiliary low beam light. Except as
provided in subdivision 5, any motor vehicle may be equipped
with not to exceed two auxiliary low beam lamps mounted on the front at a height of not less than 24 inches nor more than 42 inches above the level surface upon which the vehicle stands. The provisions of section 169.60 shall apply to any combination of headlamps and auxiliary low beam lamps.

Subd. 4. Auxiliary driving light. Except as provided
in subdivision 5, any motor vehicle may be equipped with not to exceed two auxiliary driving lamps mounted on the front at a height not less than 16 inches nor more than 42 inches above the level surface upon which the vehicle stands. The provisions of section 169.60 shall apply to any combination of headlamps and auxiliary driving lamps.

From Minnesota Rules:

7425.2100 LIGHTING DEVICES; INCORPORATIONS BY REFERENCE.

Subpart 1. Incorporations by reference. Each of the
following standards, recommended practices, and regulations are incorporated by reference for the lighting device indicated:

A. auxiliary driving lamp: SAE standard J581a,
"Auxiliary Driving Lamps - SAE J581a," revised 1980, 1983 SAE Handbook, published by Society of Automotive Engineers, Inc. (Warrendale, PA, 1983);

B. auxiliary low-beam lamp: SAE standard J582 SEP81,
"Auxiliary Low Beam Lamp - SAE J582 SEP81," 1983 SAE Handbook, published by Society of Automotive Engineers, Inc. (Warrendale, PA, 1983);

C. auxiliary passing lamp: SAE standard J582,
"Electric Supplementary Passing Lamp - SAE J582," SAE Handbook 1973, published by Society of Automotive Engineers, Inc. (New York, NY, 1973);

O. fog lamp: SAE standard J583 MAY81, "Front Fog
Lamps - SAE J583 MAY81," 1983 SAE Handbook, published by Society of Automotive Engineers, Inc. (Warrendale, PA, 1983);

Subp. 2. Availability of SAE standards. The SAE standards and recommended practices incorporated by reference in subpart 1 are available for inspection and copying at the Hill Reference Library, 80 W. Fourth Street, Saint Paul, Minnesota 55102.

OKAY! The lights in question on the M-Class are SAE standard J582. They are NOT J583, or foglamps, as deemed by MB. Subd. 2 does not apply in this case. J582 is legal up to 42" as stated in Subd. 4. Furthermore, you can have UP TO TWO! It's bold in case you need to find it quick.

We haven't had any trouble here since we pointed these out to the dealers. They will not be breaking any laws.

Kuan