I'm guessing that since the two smaller lights have an actual on and off switch they aren't considered a headlight, but fall under being a fog light of some sort. From what I understand fog lights aren't illegal, but it is illegal to use them when there is not fog or conditions that limit visability. I'm not sure about high beams, but I think there is some law regarding when and how they are to be used.
I would think that it's up to the officer to decide if the rider is using his/her lights illegally. Considering the amount of people driving with obvious infractions ( broke head light/tail light..etc ..etc) , I think the police could care less, unless they needed a reason to pull some one over.
there's hope in the words and emotion in the eyes
it's so easy to be misled by the savvy gentle guise
and like fools we trust the delivery
but it's all just drunk sincerity