By 'high beam' I take it you mean full beam, so..
Not being funny but does it matter whether they're legal or not? If they're in the high beams, they're only used on dark roads when there's no other cars on the road, and when a car does come the other way, you switch them off anyway. This won't affect any other drivers on the road so I don't actually see a problem.

In a way it's like my fog lights, illegal to use them when it's not foggy, but I used to use them on dark country roads that I've never been on before, but I always turned them off at the first sign of a car coming in the opposite direction. Now I've got my HID's I don't even need my full beam OR fog lights
