Questions about car window tinting are one of the most common. This is logical - drivers who spend a lot of time behind the wheel try to create maximum comfort for themselves, including in the area of protection from external light, prying eyes, etc. At the same time, excessive darkening negatively affects traffic safety and, again, it is logical that the state is trying to prevent this from happening.
On a compromise between these phenomena - safety and the desire to tint the windows - the rules are built, violation of which will lead to a fine, and in some cases, to arrest.
What tinting is acceptable, how a violation is determined and what the fine is for tinting - we will consider these issues in this material.
All the latest news about tinting
There are a lot of such innovations, but not all of them are destined to be true. So, as of 2021, we have the following data:
- the initiative to introduce a second fine for tinting has been discussed for a long time - a progressive increase in the punishment, if you are caught not for the first time, up to the deprivation of your license,
- By the way, it was also proposed to deprive a driver’s license as a separate punishment for film on windows in violation of traffic rules,
- just as they tried to increase the fine for tinting, if you get caught even for the first time - up to 5,000 rubles,
- they even tried to completely ban tinting, including the rear windows,
- but then the deputies decided, on the contrary, to propose the abolition of the fine for the front “hemisphere”, but even here the new law did not come into force,
- we only know that in 2021, in addition to the fine, they also issue demands or orders to remove the tint, for failure to comply with which you can even be jailed for 15 days.
In this chaotic flow of information, it is quite difficult for the average driver to figure out what the current punishment for this is, how much the current fine is and, most importantly, when changes will be introduced to the tinting rules and sanctions for violating them. Let's find out!
What tricks do traffic inspectors use?
Although traffic police representatives are required to follow certain rules and requirements, they often use special tricks to mislead drivers. This leads to them issuing fines, although they do not actually check the light transmittance of the glass or use a device for which there are no necessary certificates and other papers.
Such tricks are used by traffic inspectors to increase the number of penalties. Sometimes they issue a written order, but do not mention the need to remove the film. At the next stop, they charge not 1,000 rubles, but 5 thousand for the fact that the citizen disobeyed the demands of a government representative. This is beneficial for the budget, but the drivers themselves do not realize the deception.
New traffic police fine for tinting from January 1, 2021 - true or not?
No. It is not true. There are no new fines for tint coming into effect on January 1 or any time soon in 2021.
The fact is that information about changes in liability measures for light transmittance is received almost every year, and the data always speaks about January 1 of the New Year or, less often, other months and dates. However, this information has never been true.
You can check this information yourself. Just know that in order to make a change to the current sanction, you must officially amend the Administrative Code. Such amendments are made by the relevant Federal laws. But before such new laws become official, legally binding, they must be published on the legal information portal. And now the main thing is - let's try to find such documents introducing changes to Article 12.5 of the Code of Administrative Offenses of the Russian Federation (this is where the current fine for tinting is contained) on this portal. And you won't find anything.
Current responsibility today
As of October 8, 2021, the current traffic police fine for tinted windows is 500 rubles under Part 3.1 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation. But in practice, you may be faced with a removal order with the prospect of being arrested for up to 15 days and even having your registration revoked for this. Below we will look at these additional penalties in detail.
Please note that, unlike most other liability standards in administrative sanctions, there is no alternative to a fine in the form of a warning. Part 3.1 of this article only provides for the issuance of a decision with a fine by the traffic police.
There are no repeated fines in 2021 for tinting, nor is there any deprivation of rights.
Expert opinion
Dmitry Tikovenko
Automotive law expert. 7 years of experience. Areas of specialization: civil law, disputes over compulsory motor liability insurance and road accidents
It is worth remembering that, in addition to a fine, you will most likely also be required to eliminate the offense. This means that you will have to remove the tint. And depending on the region in which the administrative offense is committed, they may require removal either right on the spot, or be given a certain period of time.
For failure to comply with this requirement, the driver will face liability under Article 19.3 of the Administrative Code, up to and including arrest for 15 days.
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For the front “hemisphere”
By the way, it is the front hemisphere that is prohibited for excessive darkness. Please note that tinting as such is not prohibited in principle - you have the right to apply film to glass, as well as spray darkening compounds on them and otherwise reduce the amount of light they transmit. The fine is issued precisely because of the “wrong” tint.
However, the limit of such reduction is clearly defined - 70% of all light emitted by any light sources must pass through your tint. This is what the Technical Regulations prescribe. And the Code of Administrative Offenses, when introducing a fine, refers precisely to this normative act.
The technical regulations in its paragraph 4.3 of Appendix No. 8 indicate forward visibility. But who, in fact, said that we are talking specifically about the front hemisphere: the windshield and front side windows of the car? This state of affairs is dictated by GOST 33988-2016 in paragraph 2.14, which literally says the following:
Forward Visibility: Visibility through the front and side windows of the cab, limited to a driver's field of vision of 180o. In the horizontal plane when the line of sight from the driver’s seat is directed parallel to the median longitudinal plane of the vehicle.
An example of blind tinting in a circle with light transmittance below 70%
Behind the rear windows
But the rear windows of a car are allowed to be tinted at least 100%, and there should be no fine for this by law. But only under one important condition - your car has both external side mirrors (there may not be an internal one in the cabin - for example, pickup trucks and utility vehicles).
This is prescribed by the same paragraph 4.3 of the regulations.
Is there a difference between managing by day or by night?
No. The illegality of tinting with light transmission below the required value is not determined by the time of day. And the measuring device itself emits light, so its readings also do not depend on whether it is night or day.
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Is there a discount?
Yes. You can pay the above fine for tinting of 500 rubles at a discount. But here, too, there is a condition - no more than 20 days must pass from the date of the decision with punishment. In this case, you have the legal right to pay a fine for the film in the amount of 250 rubles.
What kind of requirement?
This is an additional measure of responsibility that is now often issued to the driver along with a fine... Illegal, by the way.
As you now know, the current fine for tinting in 2021 is 500 rubles, and with a discount it is even 250. This amount of sanction is perceived by many car owners who are fans of tinting as an indulgence - that is, simply a payment for the opportunity to break the law. And then the inspectors came up with a trick. They began to demand to “eliminate the conditions that give rise to the offense.” Yes, and it’s not so hot to demand, but in writing, to show the driver the seriousness of this administrative procedure. Particularly stubborn employees began to call this an order.
And now the main thing. Failure to comply with a legal requirement of a traffic police officer is punishable by a minimum penalty of a fine of 500 rubles, and a maximum penalty of attention, administrative arrest for up to 15 days, under Part 1 of Article 19.3 of the Code of Administrative Offenses of the Russian Federation.
Do they give a real prison term for tinting? Judicial practice on this measure of restraint, however, differs between regions and cities. Thus, most often the requirement is applied in Moscow and Tatarstan.
We discussed the legality of such a requirement in one of the previous articles. In short, it is illegal, therefore the arrest is illegal. However, this does not prevent even judges from supporting the practice of “serving time” for such a “gross” violation as tinting. Here is a striking example from one of our site’s readers about such a prescription.
What else is cancellation of registration?
Things are even more complicated here. But most importantly, recently and until 2021, this is also not entirely legal. Let us explain what's going on here.
- The requirement for light transmission of front windows to be 70% is contained in the Technical Regulations. This legal act regulates the design components of vehicles, including those in use. Therefore, tinting that transmits less than 70 percent of the light source is a design change. And this should only happen if you have permission from the traffic police (clause 7.18 of the Basic Provisions of the Traffic Regulations).
- Previously, the relevant Order contained a condition that if changes are made to the design without such permission, then such a car is not subject to registration, and an already registered car is subject to termination of this very registration.
- But on January 1, 2021, the Federal Law on Registration was introduced, as well as in pursuance of its Decree of the Government of the Russian Federation No. 1764, and these documents contain slightly different wording, which essentially does not allow cars to be forcibly deregistered when changing the design.
- Thus, paragraph 59 of PPRF No. 1764 indicates that, by decision of the chief inspector of the traffic police for the district, the car is subject to termination of registration on the basis of paragraph 6 of part 1 of article 18 of the Federal Law on registration.
- In turn, this paragraph refers to Part 1 of Article 20 of the same law, which states that interference with a car is prohibited if the design does not comply with the documents that identify the vehicle.
- In our case, the documents do not and cannot indicate anywhere (neither in the PTS nor in the registration certificate) the presence of tinting with a certain light transmittance. Therefore, cancellation of registration is also illegal.
And again, alas and ah, but in practice in 2021 this may not help you - after a fine for tinting is issued, you may receive a letter about the termination of registration with a requirement to present the car for inspection with the tinting removed.
Validity period of the order
The period for fulfilling the requirements is not reflected in any legislative act, just as there are no instructions for filling out or a sample.
Typically, a State Traffic Inspectorate employee gives 10 days to eliminate violations, which is reflected in writing in the text of the document. Sometimes the period is not specified at all, then the order becomes unlimited. Under Article 19.3, the driver will be punished even after a few years, since this requirement is entered into the traffic police database and is excluded only after it is fulfilled.
What will be the official fine for tinting in 2021?
But there could still be a change, and it could come into force as early as 2021. The point is in the draft of the new Code of Administrative Offenses, which is being developed by the Russian authorities. It updates many traffic penalties, including a fine for tinted windows.
So, from what was described above, we know that today the fine for tinting is regulated by Part 3.1 of Article 12.5 of the Code, and the fine is 500 rubles.
The new version of the law introduces 2 new parts of this article, slightly increasing the amount of the fine. Let's see a comparison of these editions. New fine for tinting in the draft Code of Administrative Offenses
How much is the current traffic police fine? | How much will it be under the new Code of Administrative Offences? |
Article, 12.5, part 3.1 - the driver faces 500 rubles for the first, second, third and so on times | Article 12.5, part 5 - a new fine of 1,000 rubles if you are caught with tint for the first time |
There is no penalty for driving again with tint. | Article 12.5, part 6 – a fine for repeated violation in the amount of 3,000 rubles |
Please note that repetition is counted from the date of the first violation and for another year after full payment of the fine for tinting for this very first violation.
Why are we talking about how much the new traffic police fine for tinting will be in 2021? Because this draft Code is being actively finalized, and there is a high probability that it will be adopted soon.
However, as of 2021, it has not yet come into force, so it is too early to talk about increasing the fine. In the meantime, you can the new law for today.
Actions of the vehicle owner
There are several options, the most obvious is to bring the glass tinting to comply with state standards or simply remove the polymer film. You can stop using the car or sell it.
If the car owner does not intend to go to court regarding the illegality of determining the penalty in the form of a fine, then it is better not to delay, but to make payment within 20 days after the decision is made. In this case, the amount will decrease by 2 times, this provision is enshrined in Article 32.2, Part 1,3.
It is worth appealing a fine within 10 days only if there are convincing facts of illegality of the actions of the traffic police inspector (incorrect measurement of the light transmission of glass, documentation errors).
Otherwise, the punishment will remain in effect. If the judge nevertheless cancels the monetary penalty, then the order will automatically cease to be a legally valid document.
Fine for dirty and unreadable license plates – what to do in bad weather?
All fakes about changes in punishment
At the very beginning of the article, we mentioned that there was a huge pile of developments and draft changes to the fine for tinted windows. This is true. Let's look at the most common of them.
Repeated fine for “toner”
Above, we indicated a draft of a new law - a reformed Code of Administrative Offenses of the Russian Federation and the introduction of a repeated traffic police fine for tinting in the amount of 3 thousand rubles. However, this is not the only initiative to introduce repetition of this violation.
Thus, several years ago it was proposed to introduce a sanction of 5 thousand rubles for repeating this offense (and for the first time, according to the draft new law, the driver would be fined 1,500 rubles).
And more than 5 years ago, deputies also proposed introducing a sanction of 5,000 rubles for repeated driving of a vehicle with an excessively darkened film.
Rear hemisphere prohibition
If another bill were introduced into legal force, now absolutely all drivers would be required by law to drive in an “aquarium”. Fortunately, this news turned out to be nothing more than a fake and a “duck”, intended, most likely, to cause some kind of stuffing on social networks and instant messengers.
Indeed, there was a draft of a new law, but it was not about a complete ban on tinting as such, including rear windows, but about increasing the light transmittance limit of the front hemisphere from 70 to 100%. That is, the windshield and front side windows would have to be completely transparent. Although, this is impossible - not a single glass, even without any tinting, will transmit 100% of the light by its nature.
They wanted to allow tinting in a circle, but cancel the fine
However, there were also diametrically opposite recent news at one time. And that time the LDPR deputies distinguished themselves by releasing a corresponding bill to abolish the fine for tinting. However, whether the ban on tinting would be lifted or not, it was clear almost immediately; the project was not supported, and, unfortunately or fortunately, it sank into oblivion.
Deprivation of rights for tinted windows
And again we return to draft new laws. The document dated June 30, 2015 proposed to introduce a range of penalties from 2 options for a repeated violation in the form of driving an excessively tinted car:
- for repeated violation of tinting, a fine of 5,000 rubles would be imposed,
- or the driver could face deprivation of his license for a period of 1 to 3 months.
At the same time, for the first time the sanction would be 1,500 rubles. But this bill was also repealed; the fine in 2021 is still the same 500 rubles.
Is car window tinting allowed in Russia?
There is no complete ban on tinting according to Russian laws. However, shading standards are strictly regulated and have different indicators depending on the type of window. Next, we will consider the rules of tinting that are permitted by law, dividing all car glazing into the following categories:
- Rear window.
- Side rear windows.
- Side front.
- Windshield (windshield).
- Upper colored stripe on the windshield.
The rules will be provided for a standard passenger car, implying that cars with more windows, such as minivans, minibuses, have rear, front and front side windows subject to the same rules, and all others may fall into the "rear side" category.
What is the fine for removable tint in 2021?
Yes, we know that tinting can be not only film or spray, but also removable - in the form of curtains or nets on car windows. And this is also not prohibited by traffic rules in 2021, but there are a couple of important subtleties:
- you can install removable tinting on the rear windows of your car without a penalty under the law,
- Curtains and nets can be placed on the front hemisphere only if the car is stationary, otherwise it is prohibited.
So, regarding the second point above. The Appendix to the Rules in the form of a List of Faults prohibits operating the machine if there are objects in the front visibility area that limit this visibility. This is what paragraph 7.3 of the List says.
At the same time, the Technical Regulations allow some exceptions to this rule:
- interior rear view mirror,
- wiper parts,
- antennas or heating strips built into the glass.
In addition, the traffic rules and regulations together allow the application of a tint strip no more than 14 cm wide on top.
As you can see, the exceptions do not include removable tinting, so it is also prohibited in 2021. However, a fine for it can only be imposed if you are driving a car.
Something else useful for you:
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What tinting is allowed according to GOST?
“Habit is second nature,” says popular wisdom, and in the case of tinting this is further confirmed. It is out of habit that the word “GOST” is often used colloquially when speaking about a document regulating these standards. However, for several years now, the rules in this area have been established by a different type of regulation.
At the moment, the document that determines the possibility of tinting car windows is the Technical Regulations of the Customs Union “On the Safety of Wheeled Vehicles”, and more precisely – Appendix No. 8 to it, called “Requirements for vehicles in operation”, section 4 which is called “Visibility Requirement” (hereinafter, Requirements), and contains the parameters we need.
At the same time, there is also a current GOST 32565-2013, confirming the same standards, but only within the framework of front-view glass (70%, regardless of the type of glass - tempered or multi-layer). Moreover, this document establishes standards for conducting inspections, so we will return to it later.
What kind of tint do the Requirements allow? Let's look at the categories selected above:
Glazing category | Tinting standards |
Rear window | If there are side mirrors - no restrictions (with the exception of mirror tinting - it is prohibited). |
Side rear windows | |
Side front | Light transmittance is at least 70%, and in the case of using vehicle reservations - at least 60%. |
Windshield (windshield), excluding the part indicated below | |
Top stripe on the windshield (dark, colored, athermal, etc.) | For passenger vehicles - no more than 14 cm (140 mm); for some types of large-capacity vehicles, the width of the strip is allowed to the upper edge of the working area of the windshield wipers. |
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Dmitry Konstantinovich
Expert of the site "Legal Consultant"
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In simple words, car service centers often give the following advice: tint the rear windows as you wish, and on the front windows use a film with a light transmittance of at least 70%. If you follow these tips in practice, you can end up in an unpleasant situation. Everything is correct with the rear ones - it doesn’t matter what they look like, even if they’re completely black. But there is a nuance with the front ones. The fact is that the indicated 70% is the total transmission capacity of the finished window, and the glass initially does not transmit 100% of the light, and over time this figure does not change for the better. If, for example, the glass itself does not transmit at least 1%, then when added to a 70% film, the light transmittance will be 69%, which may be considered a violation and a fine imposed.
Can there be punishment without measurement?
For film tinting - no, for removable tinting - yes. Everything is very simple here, since tinting is not prohibited in principle.
Look, paragraph 7.3 of the List indicates that items that limit visibility are prohibited. But the note to this paragraph directly states that tint films are allowed if they comply with light transmittance. Let’s omit here the fact that the reference in the normative act is to the inactive GOST.
Thus, in this case, removable tinting in the form of curtains or nets is not a film, so it is an object that limits visibility. And film is allowed if it transmits at least 70% of the light. So what does the inspector need? That's right, be sure to measure the light transmittance. Only after this will the fine for such tinting in 2021 be legal.
And in both situations different standards of punishment apply:
- Part 1 of Article 12.5 – a fine of 500 rubles or a warning as a general norm for violations of the List of Faults, it is imposed specifically for foreign objects in the visibility area,
- and part 3.1 of the same article is a special case of punishment for tinting with a light transmittance of less than 70% with a fine of 500 rubles (without warning).
Thus, if a traffic police officer stopped you with a film and, without measuring it (he didn’t want to or he simply didn’t have the device with him), imposed a punishment under Part 1 as for an object that limited visibility from the driver’s seat, then he acted illegally. It was the film that you had, but it was not prohibited in principle. Only those that transmit less than 70% of the light source are prohibited. Since there was no measurement, guilt has not been proven. The fine is illegal and must be cancelled.
Checking the degree of shading of glass: rules
The rules by which the degree of shading of car windows should be checked are set out in GOST R 8.831-2013, which replaced GOST 27902-88.
Measurement conditions:
- Air temperature: 25 degrees. (±2 degrees);
- Atmospheric pressure – 101 kPa (±4 kPa);
- Relative air humidity – 65% (±20%).
The test is carried out with a certified taumeter with a sealed case . A copy of the certificate or the absence of a measuring device from a traffic police officer does not give the right to impose an administrative penalty on the driver.
The measurement conditions specified above must be met. The procedure is performed in the presence of witnesses . Readings are taken at three points on the glass.
Motorists go to various lengths to try to avoid responsibility for tinting. However, it is easier to pay a fine of 250 or 500 rubles and comply with the requirements of a legal representative of the authorities.
If you believe that bringing you to administrative responsibility was illegal (measurements were not taken/were carried out with violations/the employee exceeded his authority, etc.) – file an appeal.
The best decision remains to follow the requirements of the law. By tinting all windows, the driver violates the rules for operating the vehicle.
“Deaf” tinting is attributed to malfunctions in which driving the vehicle is prohibited.
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How much is the fine for a legal entity?
The current Code of Administrative Offenses has a number of sanctions for certain violations of traffic rules and other acts, the amount of which for legal entities. individuals is several times higher than for citizens.
But this rule does not apply to tinting. The fine for it is the same for both individuals and legal entities. Moreover, among the many draft new laws described above, there was not a single one that would introduce a separate penalty for tinted cars owned by organizations.
Is it possible to avoid a fine and how?
In 2021, there are many loopholes and life hacks on how to avoid getting a fine for tinting, and all of them are based on deceiving traffic police officers and “holes” in the legislation. However, the only effective legal option is, unfortunately, the permitted light transmittance of the film is 70 percent. Alas, you won’t be able to hide from otherworldly eyes in a car with such tint - in reality, it is too transparent for this.
Let's look at the most common ways described on the Internet to avoid running into a ruling under Article 12.5.
- Many motorists try to simply roll down their windows when they see traffic police officers on the horizon and thereby avoid a fine for tinting. This method does not work - yes, inspectors from afar will not see darkened windows, but open windows - especially in winter or in rainy weather - will cause them to doubt your adequacy. And this is a reason to stop the car. After this, they will demand to raise the windows in order to verify the futility of their suspicions that you have prohibited tinting. But failure to comply with such a requirement can also result in up to 15 days of administrative arrest.
- Particularly cunning fans of tinted windows install buttons that turn off the power windows. In this case, you do not refuse to lift the windows for measurement, but you claim that the window lifting mechanism is broken. Then you do not refuse the employee's request, you are simply unable to fulfill it. This method of avoiding a fine is more effective and most often works. And sometimes not, when the inspector decides to inspect the car in search of that treasured button, and with it the nut for every tricky bolt.
- There is a very expensive, more efficient way to avoid getting fines for dark front and front windows. This is electronic tint. Its essence lies in the fact that at the wave of a similar button you make the glass transparent. But this option is not 100% working, because the traffic police inspector still has a chance to see from afar that the windows are most likely over-tinted, and will take measurements after the same inspection and find (or not find - depending on your luck and depending on how the tinting is turned off ) buttons.
Controversial situations and ways to resolve them
To avoid liability, pay attention to whether the traffic police officer correctly measures the tint:
- The absence of a taumeter or its documents, which state that the device complies with GOST and has been tested for readings over the past 12 months.
- Presence of visible damage on the taumeter.
- Neglect by the inspector of the conditions and rules prescribed in the technical regulations: the measurement is carried out at inappropriate temperature, humidity, pressure, dirty and wet surface or with a large error value.
Do not forget that the inspector does not have the right to measure light transmission in the following areas:
- Rear and rear-side windows are allowed to be tinted to any degree.
- It is not prohibited to install a sun protection strip on the top of the windshield from the edge up to 14 cm wide.
If a representative of the traffic police carried out the above actions, it is necessary to record this in the protocol in order to challenge the document in court.
To avoid administrative punishment, you can use other legal methods:
- If, when drawing up a protocol, the inspector fills out a document, however, he did not first use a device to determine light transmission.
- The traffic police officer drew up a report containing errors and gross inaccuracies. In this case, the motorist has the right to challenge it in court (find out in what other cases and how you can appeal traffic police fines here).
There is another dubious way to evade responsibility, which drivers can sometimes resort to: the motorist needs to lower the vehicle windows completely until the inspector approaches the car. However, the method does not always work: at the first request of a traffic police representative, the driver is obliged to roll up the windows.
We have also prepared for you a number of articles that talk about various offenses and the fines imposed for them: violating the rules of maneuvering and transporting goods, driving through a prohibiting traffic light and overtaking, for speeding and for driving without documents.
Will they issue a decree if they remove it on the spot before the measurement?
They will discharge you. The fact is that a fine is imposed for driving with tinting with a light transmittance of less than 70%. If a traffic police inspector stopped you, then he stopped the fact of such management. Was there an offense event? Was. Therefore, the fine is legal. Moreover, you yourself are obliged to eliminate the conditions that lead to the violation, if you are able to do this on the spot.
There were cases when the driver quickly peeled off the film while the inspector went to get a measuring device, but the policeman even took the film removed from the glass and measured it (yes, directly without glass) and issued a fine.
Appealing an order in court
As practice shows, in the case of repeated driving of a tinted car, the courts side with the traffic police officers. Those. drivers receive an additional fine or arrest. So you shouldn’t expect that the decision can be easily appealed.
On the other hand, courts do not impose punishment if procedural documents are drawn up with violations. So carefully study the available documents. If there are any errors there (for example, the driver is required to remove the tint at the scene of the offense), then it makes sense to go to court with a complaint.
How many fines can be issued?
At least a hundred every day. This is in practice for 2021. In fact, it is possible to appeal repeated fines on the same day, for example, quite successfully. The thing is that you are essentially not a specialist and you don’t have the opportunity to just rip off the film. Well, that is, the judges believe in this and quite reasonably.
Yes, according to the letter of the law, each start of movement in your case forms a new offense (remember, a fine is imposed specifically for driving with tinting?). And in principle, the same inspector who has already stopped and fined you can then move a couple of meters in front and stop you again with the same violation and issue a new ruling. However, each subsequent fine in this case will be illegal precisely because you are not guilty of the new violation. Although, here too, some judges can assure you that you were obliged to call a tow truck, and it is your own fault.
Subtleties of punishment for mirror tinting
If the traffic rules clearly indicate that regular tinting is allowed when it transmits the permitted percentage of the light source, then mirror tinting is, by analogy, closer to removable. It is expressly prohibited by the Rules.
Thus, for mirror tinting, no measurement is required to issue a fine - only the fact of its presence. In this case, also in the case of a removable one, the punishment should follow part 1 of Article 12.5 of the Code of Administrative Offenses with a fine of 500 rubles or a warning.
Please note a significant flaw in the legislation - the inspector, at his own discretion, determines the specularity of the film. There are no statutory criteria for this parameter in 2021. That is, if you come across a particularly harmful traffic police officer, even the slightest reflection of light from the tint can make it look like a mirror to him. However, it is advisable to challenge such a decision by showing your film to the official or judge considering the complaint so that he can determine that it is not a mirror film.
How to measure the light transmittance of glass
This requires a special device called a taumeter. The most popular models of the device are called “Blik”, “Blik+”, “Tonic”, “Light”. Measurements with these devices can be carried out at any time of the day. The device consists of two parts - an illuminator and a photodetector, which are applied to the glass from opposite surfaces.
The illuminator emits light in the optical wavelength range of 400-750 nm, perceived by the human eye. A photodetector installed opposite the emitter through the glass under test receives light and measures the power of the light flux passing through the glass relative to the power of the flux emitted by the illuminator. Before starting the measurement, the readings are calibrated, which is performed by aligning the bodies of both parts of the device along the adjustment marks and turning on the power supply. In this case, the display of the photodetector should display a calibration reading of 100±0.2%.
Next, the light transmittance of the tinted glass is directly measured, for which both parts of the device are applied on different sides of the glass and the power of the device is turned on. The exact location of the emitter and receiver is achieved by their mutual movement along the maximum reading on the display, which is recognized as the final result of the measurement.
To ensure the correctness of the instrument readings, the following measurement conditions must be met:
- The surface of the glass being tested must be clean and dry.
- There should be no protective or foreign films on the taumeter.
- Measurements cannot be taken at high humidity (in fog or during rain), as well as at temperatures below -10C or above +40C.
- The final value of light transmittance is determined as the arithmetic average of three measurements taken at three different points on the glass.
The device can run on its own batteries or be powered from the cigarette lighter socket. Like any measuring device, it must have a certificate of conformity and undergo metrological examination. If there are any doubts about the readings of the device or the measurement methodology, the driver has the right to demand repeated measurement procedures with the involvement of two witnesses or to record his disagreement in the violation protocol. To challenge a fine, it is advisable to record the entire process of measurements on a video camera or cell phone in order to have objective grounds for the complaint.
Subtleties of athermal tinting in 2021
It is no longer expressly prohibited. However, the same requirement for light transmittance of at least 70% of the light source applies here. And you don’t need to think that almost all athermal tinting complies with this rule. Alas, even almost transparent film can give lower readings when measuring.
Do I need to remove the film if I have already been fined?
Yes. The punishment you suffered for tinting does not, of course, allow you to continue violating it. You are obliged to remove the film, and each new start of driving essentially forms a new offense with the possibility of issuing you a new fine (however, the question of whether you are at fault remains open if you cannot remove the film from the windows yourself).
Previously, there was such a security measure in the Code of Administrative Offenses of the Russian Federation as the prohibition of exploitation - it existed precisely for such violations when it was not possible to immediately eliminate it. That is, you were given a day to remove it (this applied not only to tinting, but also to the lack of MTPL insurance, for example, unreadable license plates, unlit lights, and so on). But this norm was excluded, and in 2021 it does not exist.
But at the scene of detection of the offense, of course, you do not need to remove the film immediately, unless you declare that you are able to do so. Otherwise, you are not an expert, and it is not your fault for starting a new movement with tinting. And without guilt, according to the Code of Administrative Offenses, a driver cannot be guilty.
Identification of violation
The process of measuring glass darkening is carried out using a special device. It's called a taumeter. It is used to measure light transmittance in 3 different places on the glass, which are located within the field of view. Among the 3 values obtained, the arithmetic mean is determined. This is what will determine the transmittance of the glass. The measurement procedure must be carried out strictly in accordance with the norms of current legislation. The rules are enshrined in the Technical Regulations. If they are violated, the resulting measurements are considered invalid. You can see the requirements in the table below.
Current criterion | Permissible value |
Device error | No more than 2% |
Pressure | 86-106 kilopascals |
Air temperature | +15-25 degrees Celsius |
Humidity | 40% |
A reliable seal must be installed on the taumeter. In addition, the device must be accompanied by certificates confirming its serviceability.
I was issued a fine for tinting – what should I do?
There are actually few options here:
- or pay
- or appeal.
Obviously, it all depends on your agreement or disagreement with the violation charged to you.
Is it possible not to pay?
It is forbidden. This is fraught with even greater costs, which may include:
- in the form of an enforcement fee, if the fine for tinting will be spent on enforcement by bailiffs (at least 1,000 rubles),
- in the form of a double fine for failure to pay the first one within the period established by law - thus, 500 rubles can turn into another thousand (but the obligation to pay the first fine is not removed from you) - the total will be 1,500 rubles,
- in the form of administrative arrest for up to 15 days - also for late payment of debt to the traffic police.
The last 2 options are applied under Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation, which provides for the choice of the court either a double fine or arrest.
Can I appeal and how?
It is possible and necessary if you consider the decision made against you to be illegal. At the same time, even at the stage of issuing a fine, you need to tell the traffic police officer about your disagreement with the violation. After this, the inspector is obliged to draw up, in addition to the resolution, a protocol in which you need to briefly outline the essence of the disagreement and write down the line “the assistance of a defense attorney is required.”
And here there are 2 options:
- or the decision will not be made, and the case will be sent to the head of the traffic police for analysis, where you will subsequently be invited for questioning,
- The inspector will issue a resolution with a fine on the spot, then you will need to file a complaint against it: either also to the head of the traffic police in the area of the violation, or to the district court also in the place of the violation.
We discussed the detailed formal procedure for filing a complaint in a special article.
Let's look at the typical reasons for filing a complaint and the chances of them being resolved.
Grounds for filing a complaint against a fine for tinting
Base | A comment |
There was no light transmittance measurement | In this case, the fine precisely under Part 3.1 of Article 12.5 of the Code of Administrative Offenses is illegal and must be canceled with a high chance of satisfying the complaint. However, if the traffic police officer made a decision under Part 1 of this article, then when challenging, you will need to prove that you had exactly the tint film, and not foreign objects that limited visibility. Video or audio recording (including on a DVR) will help here. |
I eliminated on the spot before the fine | Unfortunately, this is an almost impossible reason to cancel a fine. You are already obligated to remove the film, and the violation of driving with tinting has already been identified by the inspector, so the punishment is legal. |
The traffic police officer issued 2, 3 or more fines per day | According to the letter of the law, this is possible, because each new beginning of movement creates a new offense. However, if you state that you did not have the opportunity to remove the film on the spot, since you are not a specialist, but went to a car service center, where you wanted to remove the tint, then no punishment should follow. In this case, the first fine will not be canceled, and subsequent ones can be removed. |
I removed the film and hid it, and the inspector found it himself and measured it. | Here everything depends on the observance of the necessary procedural actions. The fact is that if a police officer suspects that you have items of an offense in your car, then he has the right to conduct a search. This requires an inspection protocol and an invitation to witnesses or video recording of the procedure. If this was not the case, then evidence of your guilt was obtained illegally, and then the decision must be cancelled. |
Appealing a claim for tinting | This, of course, can and should be done. However, your success in appealing here is extremely low. Despite the illegality of the requirement (prescription) for tinting, in judicial practice this is the only way drivers are imprisoned! |
How to check toning
Measurements to determine the light transmission of glass covered with tinting film are carried out in compliance with legal requirements. The procedure takes place at a stationary traffic police post by a specially trained employee using a taumer.
A device with a permissible error of 2% must meet the following conditions:
- be certified;
- have a certificate of annual verification, seal;
- contain a sticker on the body with the date of the last inspection;
- suitable for measuring glass of a certain thickness.
The exact percentage of light transmittance by tinting will be shown by the taumer if it is used at a temperature of 20 °C with an error of no more than 5 °C, air humidity 60% plus or minus 20%, pressure 86–106 kPa. An employee of the State Traffic Inspectorate must have measuring instruments for these parameters.
The device will work under other conditions, for example, in cold or rainy weather, but the readings will be distorted, which will give the driver the opportunity to appeal the inspector’s actions.
What fines are provided for speeding? Is it possible to lose your license?
Since penetrating light rays are measured, not absorbed ones, the results are not affected by the time of day. For glasses larger than 7.5 mm, the “Blik+” and “Tonic” models are used. If the thickness is less, you can use “Light” and “Highlight”. Supply voltage is 12 volts with a permissible deviation of 0.6. The person using the device is not required to provide the driver with a certificate of verification; a plate with the date is sufficient.
In addition to traffic police officers, traffic police specialists who determine the condition of the vehicle during a technical inspection are allowed to take measurements.
Procedure:
- determine air temperature, humidity, pressure;
- prepare the glass, clean it, wipe it dry;
- take measurements with the device;
- present the obtained indicators to the driver.
When a tint film that complies with the technical regulations transmits light, a report is drawn up; if the percentage of penetrating light rays is less than the norm, then a protocol is drawn up indicating the evidence obtained, and then a fine is issued and a requirement to stop the offense.
Issuing an order for a violation detected visually is illegal. The Supreme Court of the Russian Federation put an end to this issue back in 2011, when it overturned the decisions of lower courts. The check must be carried out exclusively by measuring means.