New traffic police fines for tinting in 2021 - what is the current fine, cancellation of license plate removal, cases of arrest of drivers with tinting

Lately we've been getting a lot of questions like: do they charge rooms for tinting? We would like to say right away that rooms are no longer charged for tinting. If a traffic police inspector stops you and makes a complaint about tinting, then you have every right to eliminate the violation on the spot, i.e. remove the tint in front of a traffic police inspector, in which case you will avoid a fine.

Upon the fact of a violation, a protocol is drawn up, which clearly indicates the time and date, and if you are stopped by another inspector, then you can safely show this protocol, bypassing the new fine from the traffic police for tinting in 2021, but only during the current day.

According to technical regulations, the light transmittance of the windshield and front side windows must be at least 70%; the remaining glass is not regulated in any way.

The light transmittance of glasses providing visibility to the driver from the front must be at least 70% for windshields and for glasses that are not windshields but provide visibility to the driver from the front and rear. Light transmittance of other (non-windshield) glasses and shading strips of windshields in the area above zone B for vehicles of category and zone 1; for other vehicles it is not standardized.

clause 5.1.2.5. GOST 32565-2013. National standard of the Russian Federation. Safety glass for ground transport. General technical conditions

Digression from the topic: In the USA, in the state of California, since 2012, tinting has been a mandatory element for all cars. The windows will be tinted with special inclusions of metal. This mixture allows maximum reflection of the sun's rays. This prevents the interior from heating up quickly and excessively, which means that motorists will use less air conditioning, which means that fuel consumption will be much lower, as well as harmful emissions for the environment. Also, these measures help prevent the rapid burnout of the “torpedo”.

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 percentage can a car be tinted by law?

In 2015, GOST 2013 was adopted - GOST 32565-2013, which describes the required characteristics of the windshield. More specifically, paragraph 5.1.2.5 states that glass that guarantees the driver full visibility while driving a vehicle, the level of ability of car glass to transmit light should not be less than 70%.

The driver has the right to regulate the visibility of the remaining windows in the car at his own discretion - this fact is not established by law. For example, the rear window of a car can be 100% tinted, or covered with a curtain.

This freedom is valid only if the car has mirrors that provide visibility behind the vehicle. If there are none, unfortunately the car enthusiast will have to refuse tinting the rear windows.

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:

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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.

What are the standards for legal tinting?

Light transmittance standards for automobile glass are established in the Technical Regulations of the Customs Union. It states that the light transmittance of glass should be from 70% - clause 4.3 of the Regulations. But if the car is equipped with side rear-view mirrors, then the light transmittance of the rear windows is not regulated by law: they can even be completely opaque. Also, tinting the upper part of the windshield up to 14 centimeters high is not punishable.

In fact, tinting front windows is prohibited only because in conditions of insufficient visibility through the tinted glass the driver will not see anything at all, and this will lead to emergency situations. But in sunny and clear weather, tinting, on the contrary, can improve visibility, since the sun will not blind the driver. But, despite this, the law does not make concessions for removable tinting: it cannot be used even in bright sunshine. The only legal option for drivers is sunglasses.

Myths and reality about window tinting

First of all, let's focus on two, at first glance, obvious points:

1. The inspection by traffic police officers of tinting for compliance with the Requirements must be carried out according to certain rules.
2. Failure to comply with these rules will allow you to challenge the fine.

These two points, in principle, contain the main thing why you need to find out the entire verification process - in order to be able to do without a fine. At the same time, the procedure itself, oddly enough given the presence of regulatory documents, contains many harmful myths. Let's start by debunking them.

At what humidity, temperature and atmospheric pressure can tint measurements be taken?

Indeed, in the previously existing GOST standards such parameters mattered and, for example, it was impossible to measure tint in the rain or at night. However, with the adoption of GOST 5727-88 and, accordingly, the cancellation of the previous ones, neither temperature, nor humidity, nor atmospheric pressure are no longer taken into account when measuring . This fact causes a lot of discussion in the legal community, but, nevertheless, the reference to these values ​​has been removed from the current version of GOST.

Interestingly, GOST 5727-88 establishes standards for conducting various tests related to glass, for example, for strength, curvature, etc., but in other cases the parameters of temperature, humidity and pressure are important, namely in the case of light transmission - not.

The parameters of temperature, pressure and humidity are indicated in the documentation for the measuring device - shouldn't they be taken into account?

According to law enforcement practice, in controversial situations, both traffic police officers and the courts place the provisions of GOST higher than the documentation of devices. As a result, referring to GOST, it is argued that the weather conditions of the inspection have not been established and cannot be taken into account.

This is important because inexperienced lawyers or drivers who do not seek the help of professional motor vehicle lawyers often try to build a defense based on the instructions for light transmittance measuring devices.

Is it true that light transmission testing can only be done at stationary traffic police posts?

No it is not true . No longer true. Previously, there actually existed regulatory documentation establishing the mandatory requirement of inspection only at a stationary post, but in the current editions, these norms are absent.

Let’s end the harmful myths here and move on to actual procedural issues.

How realistic is it to implement

For those who have learned the rules of permitted tinting, it seems that it is enough to simply choose a film with a light transmittance of 70%. But to comply with standards, it is important to take into account not only its parameters.

The ability to transmit light to the car glass also matters here. It is rarely 100%. Therefore, when using a film with 70% light transmission with the same glass indicator of 95%, it will not be possible to comply with the law. After all, in the end it will be less than the permitted 70%.

You will first have to measure the light transmittance of the car glass, only then select the film and, after fixing it, measure the indicator again.

For some, legal tinting will be unrealistic. Very often, the initial light transmittance of car windows is no higher than 80%. And if it is dirty, the indicator is even lower. It is almost impossible to select a tinting film for such a surface.

For information on new regulations and fines in 2021 for tinting car windows, watch this video:

Rules for measuring tint after stopping

Exceeding the glass tinting standards is an administrative offense in accordance with Part 3.1 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation. The standards, in accordance with this article, are the parameters specified in the requirements of the Technical Regulations.

In accordance with this, the registration of an offense occurs according to the norms established by administrative legislation:

1. In accordance with Article 23.3 of the Code of Administrative Offenses, control of the technical serviceability of vehicles is assigned to traffic police officials.
2. Article 28.3 of the Code of Administrative Offenses establishes that in this case a protocol on an administrative offense must be drawn up.
3. Article 26.8 of the Code of Administrative Offenses obliges the traffic police, when using special technical means, to enter their testimony into the protocol.

Based on these and other standards, we can formulate the basic rules for measuring tint, violation of which may become grounds for challenging the decision of a traffic police officer:

• Measurements must be carried out with a certified instrument.
• The device must have timely verification, for which documentation must be available and demonstrated upon request.
• Measurements are carried out at three points, and the final result is their average value.
• Based on the results of the inspection, if a violation is detected, a protocol is drawn up.
• The device readings must be included in the administrative violation report.

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The question often arises of involving witnesses when drawing up a protocol. For this type of violation, witnesses are not needed .
Moreover, even if the perpetrator refuses to sign the protocol, on the basis of Part 5 of Article 28.2 of the Code of Administrative Offenses of the Russian Federation, a corresponding note is made about this, but witnesses are not involved.

How to measure the degree of tinting of glass

You can determine whether permissible or prohibited shading is used on a vehicle using the measurement procedure. It is carried out under certain conditions listed in the order of the Ministry of Internal Affairs No. 1240:

• measurements can only be taken at a stationary traffic police post;
• Only an employee who has access to such an operation has the right to determine the light transmittance of the front side windows (this is stated in his service ID);
• a device is manipulated that is included in the State Register, certified and has data on the latest technical inspection;
• The glass must be dry and clean during the measurement process.

The driver should pay attention to ensure that there are no films on the device’s sensors. They are applied to three points of the surface under study, located in different places. All values ​​are recorded, their arithmetic average will be an indicator of the light transmittance of the car glass.

What is the penalty for tinting?

Responsibility for tinting is directly stated in Part 3.1 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation - for driving a vehicle with windows whose light transmission violates the Requirements, a fine of 500 rubles. In this case, the traffic police inspector has the right to prohibit further operation of the vehicle until the situation is corrected (cessation of illegal actions/conditions).

Do I need to remove the film on site? A request (order) from a traffic police representative to remove the tint may imply something similar. What happens if you don't fulfill it? A repeated fine for tinting is possible, because... a violation under Part 3.1 of Article 12.5 of the Code of Administrative Offenses will be recorded again. However, this is not the worst thing!

A repeated stop with a tint that violates the Requirements, in the presence of a previously formalized need to dismantle the tint, can be interpreted as a violation of Article 19.3 of the Code of Administrative Offenses of the Russian Federation - disobedience to the lawful order of a police officer (and other officials listed in the article), which leads not only to a fine of 500 – 1000 rubles, but also the possibility of administrative arrest for up to 15 days. At the same time, neither deprivation of rights nor “removal of numbers” is provided for under these articles.

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Dmitry Konstantinovich

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In accordance with Part 1.3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation, a fine for a violation under Article 12.5 can be paid with a 50% discount if the money transfer is made within the first 20 days from the date of drawing up the protocol.

Diagnostics of glass with a device: how to behave?

Sometimes it is possible to appeal a fine even if it is checked by a device. Therefore, it is worth carefully observing the actions of the inspector, recording what is happening on camera. Any mistake by a traffic police officer can tilt the court in favor of the driver.

Before checking you must:

• Make sure that the device is in good working order by measuring the level of light transmission on glass that is not tinted;

• Detect the absence of film on the device itself to avoid artificially inflating the readings.

The inspector must measure the level of light transmission at three points on the glass. The result will be the arithmetic average of all obtained values. Diagnosis can only be carried out in clear weather without precipitation. Otherwise, the device readings will not correspond to reality. In case of any disagreement with the results, you can demand a second check, which is carried out in the presence of two witnesses. Moreover, the traffic police officer himself should be concerned about their search.

What to do if you receive a requirement for tinting?

If the driver admits the violation, it is better to get rid of the tint as quickly as possible. Possible problems during re-checking have already been indicated above. If you have been issued a fine for driving with tinting, but there is no agreement, it must be contested, but we will talk about this separately.

The recognized fine must be paid. In situations of uncertainty, monitoring the presence of a resolution can be done using the same methods as for any other violation, including finding out through an online check of fines.

We should not forget that in accordance with Article 4.5 of the Code of Administrative Offenses of the Russian Federation, the statute of limitations (period of liability) for this offense is 2 years.

How to challenge an inspector's decision

The traffic police officer is not the ultimate truth; his demand to pay a fine can be appealed. To do this, you need to submit an application to the department of the organization to the inspector himself or his boss. The complaint should be supported by other documents proving the absence of a violation or unlawful actions of the traffic police officer. The answer will be given 10 days after receipt by the inspectorate.

If it is negative, the motorist can file a complaint with the court of the same district to which the traffic police department belongs. Documents justifying the offender must also be attached to it. The case will be considered within 2 months.

Car window tinting standards

What will help you avoid punishment:

• the inspector takes measurements in rainy weather, high humidity or on dirty glass;
• failure to comply with the driver’s legal requirement to use the device a second time;
• lack of witnesses, who must be present when re-measuring light transmittance;
• the poor condition of the car’s cigarette lighter was not taken into account by the traffic police officer, which could distort the measurement result;
• his lack of access to the procedure for checking the light transmission of glass.

We recommend reading about the fine for special signals. You will learn about what is classified as special signals, fines for unauthorized installation and use, and for not allowing a car with special signals to pass. And here is more information about the deprivation of rights for xenon.

Many people do total car tinting for aesthetic reasons. But a high-quality view of the road and a good reputation as a motorist are more important. You should not get carried away with tinting if there is a risk of getting into an accident or getting into conflict with the traffic police.

Conditions for measuring the degree of glass tint

During the measuring process of light transmission of auto glass, a number of conditions must be met:

• compliance with temperature conditions. Each device operates at different temperatures; the operating range is indicated in the instructions. If the indicator goes beyond the operating temperature, the device may show incorrectly, which should be appealed to and required to take measurements on another device;
• humidity level. Read the instructions carefully and make sure that the device can operate under current conditions. Measurements cannot be taken in rainy weather or in conditions of high humidity, usually accompanied by fog or snowfall;
• availability of a document indicating annual maintenance. Each device is tested once a year; if there is no certificate, this is a reason to appeal the indicators;
• the glass must be dry;
• The detectors of the device on both sides must fit tightly, otherwise the error will go beyond the normal error. Particularly important for devices that are held by hand;
• At least 3 measurements are required, and the arithmetic mean of all numbers is taken as the basis.

The device operates from the car's electrical circuit, that is, it is connected to a 12 V battery. Power from the cigarette lighter does not always provide correct results.

Conditions for checking tinting

How to avoid sanctions?

The best and easiest way to avoid traffic police fines for tinting is to remove the film from the car after checking the light transmission. In order not to wait for the first fine, you can go to a certified center or traffic police station and check the capacity of the windows.

If the driver immediately removes the film, he will still be given a fine, because at the time of the stop he violated the requirements of the law.

If the driver immediately removes the film, he will still be given a fine.

There are several completely legal ways to avoid a fine:

• challenge the legality of the protocol drawn up. There are many reasons for challenging; it is worth appealing to the lack of certificates and documents for the device or to taking only 1 measurement with a refusal to take further measurements;
• The protocol will be canceled if measurements are taken in unsuitable conditions: low outside temperature, high humidity or improper use of the device. The best confirmation is a video recording; violations must be recorded in it;
• the presence of inaccuracies or errors in the protocol that could affect the final results.