Traffic regulations do not prohibit tinting car windows. But there are window tinting standards that must be followed. Recently, drivers have begun to receive traffic police orders to eliminate violations related to window tinting. This is one of the measures to combat motorists who do not adhere to the rules of tinting. Next, we will tell you what this order is, in what cases it can be obtained, and also what to do if you receive a requirement for tinting.
What is the requirement for tinting?
An order to remove tinting is a document issued by a traffic police officer in addition to a fine for non-compliance with the light transmittance standards of the windshield and front side windows. It does not contain instructions to remove the tint film, and in fact is a requirement to stop illegal actions related to the operation of a car with windows whose light transmission does not meet the established requirements.
You can see what the prescription for tinting looks like below. It must contain information about the driver and the car, as well as the number of the administrative offense, the date the document was drawn up and the full name, position and signature of the employee who issued it.
Many drivers are not sure whether it is legal to issue a requirement for tinting. In accordance with Article 13 of the Federal Law “On Police”, a police officer (including the traffic police) has the right to demand that citizens stop the violation. In case of disobedience, Part 1 of Article 19.3 of the Code of Administrative Offenses provides for administrative punishment. Thus, if a driver is fined again for tinting in the presence of an order, he will face either a fine, administrative arrest, or compulsory work.
This measure was introduced due to the fact that a large number of motorists are willing to pay fines for tinting, but do not want to eliminate the violation itself.
Please note that there is no difference between a prescription and a requirement. This is the same document.
How should car windows be shaped?
The legislative framework provides for a requirement for auto tinting. Such an act will be issued by a traffic cop. The requirements for tinting in a car are specified in GOST, developed under the number designation 32565-2013. This act is valid in 2018; earlier other provisions could have been applied.
The current law states that the following requirements are established:
- Glass must have a certain light transmittance. This applies to the front and rear side windows and windshield. The value is set to 70 percent.
- If there are two rear view mirrors, then light transmittance is not standardized. The main condition is that the driver is provided with a view of the rear view.
Who can get an order
In what case a prescription for tinting is issued is specified in the technical regulations of the Customs Union “On the safety of wheeled vehicles.” In accordance with this document, it is a violation if the windshield and front side windows have a light transmittance of less than 70%. Also, a top stripe of any color no more than 14 centimeters wide is allowed on the windshield. If there are side mirrors, the rear window can be tinted.
In this case, the requirement to remove tinting must be written strictly according to the rules:
- A traffic police officer must check the degree of window shading with a specialized device (taumeter).
- When taking measurements, there must be appropriate weather conditions: air temperature within 23-27 degrees, atmospheric pressure - 97-105 kPa, air humidity - 45-85%.
- The employee must have the original taumeter certificate.
- Measurements are taken in three different places on the glass.
- Witnesses must be present when taking measurements.
If a prescription for tinting was issued in 2021 without a preliminary measurement, it is considered illegal and can be challenged.
Checking permitted tinting according to GOST
Permitted tinting according to GOST 2021 is checked only with a special device. It's called a taumeter. Moreover, there is a rule according to which a device used to measure light transmittance must have all the necessary certificates and seals. In addition, there are special regulations for the correctness of the procedure:
- You can check whether your tint is allowed only at the traffic police post, provided that it is stationary.
- The weather when measuring the light transmittance of glass should be dry, as the results may be distorted. Air humidity also affects. It should be from 40% to 80%. In addition, the temperature should be up to 15 degrees Celsius. Pay attention to the atmospheric pressure - it should fit within the range from 86 to 106 kPa.
- The glass being tested must be thoroughly cleaned.
Please note that it is impossible to achieve one hundred percent transparency, since the front part of the glass still blocks a certain amount of light. In addition, old glasses themselves darken and become cloudy. Therefore, if you have an old car, this nuance must be taken into account.
Only traffic police officers can control the compliance of glass light transmittance with the accepted GOST standard. A special device must be used, which we have already mentioned. Moreover, before all measurements are taken, the driver has every right to inspect the equipment for the presence of all the necessary sensors and seals, and the traffic police officer must allow him to do this. If they are not there, demand that the measuring device be replaced with one that will meet all current GOST requirements.
Disagreement with the initial readings of the device can also become the basis for an inspection of the equipment, with the help of which the permitted tint is checked. If something turns out to be wrong, you can invite a couple of witnesses and take measurements in front of them. Don’t be shy about standing up for your rights, because if you don’t, you’ll have to pay an unfair fine. And if a fine is issued, it will be easier to challenge it.
How long does a tint prescription last?
The traffic police requirement to remove tinting is usually valid for 10 days. It is indicated in the text of the document. At the same time, we do not recommend driving with tinting after the prescription, without eliminating the violation. Even if the validity period of the tinting order has not yet passed, the traffic police officer has the right to fine the driver again for violating the rules for tinting the windows, which will entail administrative liability.
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 to Avoid a Prescription
You can avoid or circumvent the tinting order in 2021 in cases where the document was not drawn up according to the rules:
- the light transmittance of the glass was not measured;
- the measurement procedure was not carried out in accordance with GOST (for example, the weather conditions did not correspond, or the glass was measured only at one point, and not at three);
- There is no stamp or signature of a traffic police officer on the document.
You may not sign the order for tinting, but this will not affect the outcome of the case in any way if everything was done according to the rules. The case will be considered and, most likely, the court will be on the side of the traffic police.
Please note that an order can only be annulled in court.
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.
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.
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.
What if you were issued a fine for tinting without a prescription?
A traffic police officer may issue a fine without an order to remove the tint in accordance with Part 3.1 of Article 12.5 of the Administrative Code. What fine is imposed for violating light transmission standards can be found in our article devoted to this topic.
At the same time, the absence of a requirement for tinting does not mean that next time the driver will not be issued a fine for tinting with a prescription if he has violations. We also recommend re-tinting after prescription within the established requirements. Otherwise, the driver will be held administratively liable and may be detained for 15 days.
Actions of the vehicle owner
How to remove old tinting from glass yourself
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.
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.
Deprivation of rights became possible
Adoption of the new legislative provision has been delayed for years.
Previously, deprivation of rights for such an offense was not provided for; there remained hope for a personal understanding of the possible danger. When tinting the front windows, visibility is sharply deteriorated, which makes driving a vehicle more difficult. After the final review, there was confirmation of increased enforcement measures against negligent drivers. This led to categorical consequences that made us think about future troubles. A large percentage of car accidents are related to poor visibility, which is something to keep in mind when choosing a blackout option.
There is no point in risking traffic safety for the lack of sunlight. There are acceptable parameters that can be used when choosing a film. They are designed based on traffic safety, so they provide an open overview, eliminating the lack of information. Drivers should remember this if they do not want to create danger on the road.
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.
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.
Is tinting the front and rear headlights allowed or prohibited?
If necessary, this type of tint can be removed very easily. And in order to ensure that the level of light transmission does not decrease, you can simply tint only a separate section of the headlight with film. The surface of this type of tinting can be matte or glossy.
According to Art. 12.5 clause 1, the driver may also be subject to a fine of 500 rubles for driving a car with malfunctions or failure to obtain permission for general operation due to the application of a tint layer on lighting fixtures with a further reduction in light transmission.
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.
Is it possible to tint the front and rear lights?
During the technical inspection, lighting devices are checked for mechanical damage, dirt and additional elements covering part of the headlight. And also for compliance with the technical requirements prescribed by GOST and the List of faults. Including the performance of light-emitting diodes (at least 1/3 of the total quantity), changes in the shape of external lighting devices, and the presence of light diffusers.
A driver whose headlights, as a result of tinting, has reduced the light transmittance of their headlights not much below the established limit will receive a warning or a fine of 500 rubles The Code of Administrative Offenses of the Russian Federation stipulates penalties only for violating this parameter at the headlights.
Why do you need to tint your car?
Quite often, men tint the cars of their significant other. Girls driving are very easy prey for scammers who take advantage of traffic congestion to break windows and take purses. Social networks are simply full of similar stories. Tinting is a very necessary procedure for residents of the southern regions .
Another point concerns the economically unfavorable situation in the country. The number of thefts of small items from inside parked cars has increased again. A tinted car can scare away a thief and make you take a closer look at the property in the car with clean windows standing next door.
Undoubtedly, tinting has its advantages, and the punishment for its presence is not so significant that it should be abandoned. In order to somehow influence big fans of dark car windows, inspectors issue orders to eliminate car malfunctions. If a car with tinting comes into their field of vision again, then the driver can be taken away under Art.
19.3 of the Code of Administrative Offenses of the Russian Federation, accusing a police officer of disobedience to a legal requirement.
The measurement procedure is also written with shortcomings. When measuring the light transmittance of glass, the inspector must take into account a lot of conditions, and this is an almost impossible task for him. If at least one requirement is not met, then canceling the decision in court is as easy as shelling pears. Here it turns out that the law is the enemy of the law.
As for the work of the law in the country, in some regions they simply do not pay attention to tinting, while in others they actively issue regulations.
Lawyer's comment
Case from practice
It's better to choose an alternative to tinting
Deprivation of rights is not an insignificant monetary fine. Faced with such a danger, motorists are seriously thinking about alternative options. Manufacturers present a variety of ways to the market to help ensure comfort while traveling.
What developments will be interesting?
- Curtains;
- Removable toning.
The curtains retain their attractiveness, as they are perfect for any car. They fully correspond to their name, so after installing the system, traditional curtains appear. They decorate the interior while providing pleasant emotions during travel.
Tinting rules - 2021: fines, nuances, verification methods
Dimming car windows began to be practiced back in the 1980s. Tinting has many advantages: it allows passengers to hide from the bright sun, helps keep upholstery and plastic from fading, and hides the contents of the cabin from prying eyes. You can tint a car in Russia at almost every service center.
Excessive tinting is illegal, and the state has always tried to fight it. Drivers were forced to remove tape at checkpoints, their car registration plates were taken away, and they were threatened with arrest. We found out what the punishment is for excessive tinting in 2020 and how to tint a car legally and efficiently.
How to tint windows
Today there are several methods of tinting. There are three most common ones: standard factory tinting, spray tinting and film. Standard tinting is applied at the glass manufacturing stage by the automaker - tinting additives are added to the glass mass. Vacuum plasma spraying of a very thin metal layer onto the glass surface is also used. Thanks to well-functioning industrial technology, standard tinting is wear-resistant and of high quality. In addition, manufacturers are required to comply with the regulatory requirements of the countries where the vehicles will be sold. An obvious drawback is the inability to dismantle and change the degree of tint.
Articles November 15, 2021 The traffic police began a hunt for tinting: they are jailed for 5 days
Articles October 7, 2021 Tinting is given a day. When the inspector has the right to demand that the film be torn off
You can apply the tint yourself by spraying a thin layer of metal or polymer onto the inside of the glass, but to do this you will have to remove the glass. Unlike factory tinting, self-spraying is done without a vacuum chamber, so the quality of such darkening is much inferior to standard tinting. The main disadvantage of this method is grouting, chips and scratches that form over time. It is impossible to dismantle such tinting; you will have to replace all the glass.
The most popular tinting method is a film that is glued to the inner surface of the glass. This is the simplest, fastest and cheapest method, which does not even require dismantling the glass itself. In addition, the film can always be removed without damaging the glass. Today, glass tinting is done with a large number of color films of different classes, on which the quality and light transmission coefficient, as well as the price of the service, depend.
The reason for struggling with tint?
The most adequate version of all the existing ones seems to be when tinting causes inconvenience to the inspector when stopping the vehicle and checking it. An employee approaches a car with black windows, does not see the driver and passengers, and he has a feeling of uncertainty and anxiety . There is information about cases of attacks on inspectors, which could lead to a ban on tinting the back row.
Initially, the fine for dark windows was 100 rubles , then it increased to 500 , which did not bother drivers who simply gave money and hit the road without removing the tint. Then they got down to business more seriously: they began to remove license plates and return them to motorists only after the windows were freed from the film. After such measures, after two months, the windows of all cars became clean again.
500 rubles remained as a punishment , which gave a new round to the mass tinting of cars.
