In general, if your car needs to pass a state inspection, all parts must be in working order. There are some exceptions to that rule. If you are unsure, check your state's inspection code.
In most states requiring a vehicle inspection, including Maryland, Virginia and Pennsylvania among others, all factory original parts of the car, including fog lights, must be in working order. However, in New York State, a broken fog light will not cause a vehicle to be rejected.
If fog lights are required to be in working order, broken plastic or glass on the fog light will definitely get you a fail, as will improper bulbs. Most inspectors are looking for safety concerns when they check the fog lights. A small crack or sealant issue may cause the glass to cloud, which can change the light, causing a safety issue. Cracks and missing chunks also divert or brighten the light. At the same time, a wrong bulb could create the same effect.
If your after-market fog lights are broken, you may remove the lights as they are not required in most jurisdictions. Make sure you do not leave hanging wires or switches.
