There has been sketchy enforcement of this 'law' and it applies to the seller of the product, not the user. There is no way when approaching a vehicle to determine whether it came with HIDs from the factory or not. I will put the kits I offer up to comparison to most all stock HIDs for glare - I have experienced as much or more glare from stock vehicles than the VX.
Realize that the bulbs are designed with the identical focal point as the stock H4s and have glare shields designed in. Glare cannot be significantly more with HID as it is only a brighter light - it has no beam control of it's own. A projector style HID system will be superior since it uses a lense to control and direct a smaller cone of light. There are cheap kits out there that do not place the light source in the proper location and/or do not incorporate glare shields.
I have not heard of anyone getting ticketed for this mod and I have several police officers using them on their personal vehicles.