I have considered this, and I assure you that they'll just cook up some other excuse to pin the blame on me, if I'm running 100% USCG approved fixtures.
Before LED's were readily available, I'm certain that many boaters replaced blown incandescent bulbs with improper bulbs- Lower wattage or higher wattage bulbs that just happened to fit the socket, either willfully or accidentally. How many boaters are using red/green fixtures that are 30+ years old, and faded to the point of emitting a poor color, even though the fixture is USCG approved, and using the approved bulb?
I wonder how many of them were hauled into court and lost over it? How many accidents has this caused, really?
Maine Sail's tale of the festoon LED that vibrated itself out of position is valid. All I can tell you, is that I take care to mitigate problems like this. I check color, intensity and arc of visibility, and I regularly check my lights for proper operation. That's more than most recreational boaters do.
I think when using the analysis that others do things that are wrong, so I can too, is not a well thought out position for everyone involved. The nav lights on your boat can affect more than just you and I think people lose sight of this.
People need to fix any and ALL issues with nav lights, need to use proper nav lights that are not faded, need to use the proper bulbs and making the argumant that; he did it so it must be okay
is and can be a dangerous approach.
Again ANY nav light is better than none but a lot of this seems like trying to justify drunk driving when a taxi fare is a lot less expensive and safer.
We see unsafe navigation light use EVERY TIME we are on the water. Even when nav lights are required by law people simply choose to ignore this both at anchor and while navigating.. I know I can never fix this behavior but I can certainly try and get the word out.
I don't doubt that your nav lights may be proper but in this day and age, and at the prices certified lights are at, I see no point in making "home baked bread" when you simply don't have to....