How to avoid a fine for tinting?

Removable - what is it?

Already from the name it becomes clear that such tinting can be removed independently and without any problems. Today the Internet is full of advertisements for the sale of removable tinting. What these sellers offer:

• double windows, one of which is tinted and can be lowered regardless of the second;
• monopolycarbonate plastic, which is about 1 mm thick and sticks to the main glass;
• curtains that have a perforated surface - this is the most common removable tinting;
• silicone tint, in the form of an adhesive film that can be reused.

What is called removable tinting?

From the name it is clear that you can remove it with your own hands quite quickly. Today you can find many places where you can buy removable tint.

There are the following types:

1. Double glass. Of these, one is tinted and lowered separately from the other.
2. Thin plastic that sticks to glass.
3. Curtains with perforation. This is the most popular removable tint.
4. Sticky silicone film. It can be peeled off and glued several times.

What do the traffic rules say and is it prohibited?

There is, of course, no such term in the 2021 Road Traffic Rules, but in the Basic Regulations for the admission of vehicles to operation there is a List of faults and conditions under which the operation of a vehicle is prohibited, and that’s where it is mentioned about additional items or glass coatings that restrict visibility from the driver's seat.

The note to paragraph 7.3 of the List of faults states the following:

It is allowed to use tinted glass (except for mirror glass), the light transmission of which complies with GOST 5727-88. It is allowed to use curtains on the windows of tourist buses, as well as blinds and curtains on the rear windows of passenger cars if there are external rear-view mirrors on both sides.

Of course, our article is about a toner that does not comply with the above GOST, otherwise there would be no point in finding out its legality.

Based on the above, it becomes clear that additional items or covering the glass with removable tinting is prohibited, since clause 7.3 of the List of Faults is violated, and liability is provided for its violation.

Situation in practice

In practice, legal tinting is very rare. It is installed at the factory and absorbs only 20% of the light. Taking into account dust, the figure can reach up to 30%, so each time before applying the tint film it is necessary to measure the light transmittance.

Permitted tinting will only darken the glass slightly, while the driver will also be visible to others.

In accordance with the law, only full tinting of the rear window is allowed, but only if there are rear-view mirrors on both sides of the car.

Removable tinting, as a rule, is installed with a significant violation of light transmission standards. It will help you in some cases avoid a fine, but it does not provide a 100% guarantee.

Requirement or requirement for removable toner

Our law enforcement officers have gone further in the fight against tinting. In addition to the fine provided for by the Code of Administrative Offenses, they began to issue (issue) a requirement (order) to drivers held accountable for this offense.

The text of these documents may vary, but the meaning is that the police officer demands that the driver no longer break the law and eliminate the existing violation, that is, remove the tint.

If the driver does not comply with this requirement, he may be charged under Art. 19.3 of the Administrative Code, which provides for liability in the form of either a fine from 500 to 1000 rubles, or administrative arrest for up to 15 days.

Disputes about the legality of such demands continue to this day. However, judicial practice goes its own way, and the Supreme Court, considering complaints from drivers about bringing them to justice under Art. 19.3 of the Code of Administrative Offenses, confirmed the legality of such requirements in the pending cases of APN. As, for example, in this Resolution of the Armed Forces of the Russian Federation No. 19-AD17-10 of May 10, 2021.

Is there a penalty for removable tint?

Most tuning centers, when selling removable tint, promise citizens that it will exempt them from fines. In fact, most of them do not meet the requirements of GOST 5727–88, which specifies the permissible characteristics of automobile glass.

If, after checking by a traffic police officer, the light transmittance does not meet the standards, then he will definitely issue a fine.

It is important to know that a traffic police officer has the right to issue a fine only if the light transmission of the car windows is measured in accordance with existing rules. You also need to remember that the size of the fine does not depend at all on the type of violation.

For example, for sun protection film that exceeds the norm, and for tinting the front windows, which is more than 31%, the driver will receive the same fine of 500 rubles. Let us remind you that previously for such a violation, in addition to a fine, traffic police officers could remove registration numbers. But recently such a severe punishment has been abolished.

Important note!

• This article provides basic information, but each case is different.
• In 92% of all situations there are important nuances that can affect the outcome of the entire case.
• An experienced lawyer will study all the materials of the case and indicate in which direction to move.

Therefore, our website employs on-duty legal consultants who delve into each case and are aimed at solving it.

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In what cases can you appeal a fine for tinting?

Punishment for tinting in 2021 is provided only if all rules for measuring the light transmission of glass are observed. You can appeal a fine if the following circumstances exist:

• issuing a fine without measuring the tint (the inspection was carried out by the inspector “by eye” without a special device - a taumeter);
• the taumeter was not properly sealed (absence of a seal or its violation) or the inspector did not provide the original certificate for the device;
• When measuring the front tinting, atmospheric conditions were not taken into account or were carried out under unfavorable weather conditions (rain or air humidity above 45%);
• lack of special instruments for measuring atmospheric pressure, temperature and humidity;
• The measurement was carried out only in one place of the tinted glass.

In order to subsequently prove the illegality of the traffic police inspector’s actions and challenge the fine for tinting, it is necessary to involve two witnesses. At the same time, passengers from a stopped car, as well as other traffic police officers, cannot act as witnesses.

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Cancellation of registration

But what is a fine of 1000 rubles or an arrest for 15 days for real tinting lovers? To combat such habitual violators, the traffic police came up with another option, namely deregistration of the vehicle.

The legality of this initiative should also be clarified in court and preferably in the Supreme Court, since the cancellation of registration is motivated by a change in the design of the vehicle, which tinting, both permanent film and removable, is not. This position expresses the opinion of the author and does not claim to be the unconditional truth, therefore, in a dispute with traffic police inspectors or MREO employees, be prepared for the fact that this position will have to be defended in court.

What it is?

Numerous traffic police fines for motorists in 2021 have led to the majority of drivers refusing to darken their car windows. Manufacturers of opaque film, in turn, came up with various tricks to avoid violations on the road. One such invention is removable tint. With the help of such tuning, a motorist can remove the surface in a matter of seconds and then attach it.

Removable tint is a material on which a darkening film is applied. Such a device is fixed to the vehicle window with double-sided adhesive tape, then inserted into the velvet bags. To remove the opaque coating, simply unfasten the tape and remove the surface. Thus, removable tinting allows motorists to use car darkening without receiving fines from traffic police officers.

According to legal regulations in the Russian Federation, window tinting on a car must meet certain standards, namely:

1. Daylight transmission - no more than 20% on the front windows of the car and no more than 30% on the rear windows;
2. Complete darkening of car windows is possible only from the rear view, and it is necessary to have side mirrors on both sides of the car.

In modern practice, it is not often possible to see a legally tinted vehicle. Such a tuning item as an opaque film of state standards is manufactured at a car plant and absorbs only 20% of the light. Smears on glass, dust and dirt can increase this figure to 30% or more, which is strictly unacceptable. Before applying the darkening film, it is necessary to clean the windows and measure the daylight transmission. The permitted tuning will only slightly hide the rear window of the vehicle, while the driver will also be visible to others.

In accordance with the legislation of the Russian Federation, full coverage is permitted only for vehicle rear view windows.

Removable tinted glass, as a rule, is installed with a significant violation of light transmission standards. Despite this, when stopped by a traffic police officer, the driver can easily remove the car’s covering and avoid punishment.

How to avoid a fine?

The first thing that will help you avoid a fine is compliance with traffic rules and other legal acts in the field of road traffic, that is, not using removable tinting as such.

But, if you cannot imagine driving a car without tinting the front or side windows, then it is almost impossible to avoid a fine, unless the inspector independently decides not to fine you.

But even this kind inspector will force you to eliminate the violation on the spot, since every start of driving in a tinted car constitutes a new administrative offense.

Those who think that since the tint is removable, they will quickly take it off and move on are mistaken. The fact that you remove (remove) the tint will not relieve you from an already committed offense and responsibility for it.

Moreover, the inspector, realizing that you will drive around the corner and put everything back in place, may try to confiscate the removable tint from you as an object or instrument of an administrative offense that has the value of evidence in the case in accordance with Article 27.10 of the Code of Administrative Offenses of the Russian Federation, and You will then argue in court about the legality of these actions of his.

Is it allowed according to traffic rules?

Such a concept does not exist in the Rules. But the list of conditions prohibiting the use of a car mentions glass coatings and the use of other items that impair the driver’s visibility. It also states that tinted glass that complies with GOST 5727-88 is allowed. You can also use curtains on buses, on the rear window of a car. In this case, rear view mirrors must be installed outside.

Mirror film is prohibited in any form, regardless of its degree of light transmittance.

We are considering a film that is darker than the permissible value according to GOST. Therefore, it becomes clear that removable tinting is prohibited, since it does not comply with clause 7.3 of the list of faults.

Glass tinting standards

Since structural changes to the car can become a contributing factor in an accident, manipulations with the vehicle are regulated by the Road Traffic Rules and other regulations. As for tinting, there is no complete ban on it.

Tinted car windows will not cause any complaints from the traffic police if the tinting is made taking into account the visibility requirements prescribed in the Technical Regulations of the Customs Union 018/2011 (adopted by decision No. 877 of 12/09/2011) and the GOST 32565-2013 standard:

• the light transmission of the windshield and front side windows is at least 70% (clause 4.3 of Appendix No. 8 of the technical regulations). From November 11, 2018, this figure will be reduced to 60% for armored vehicles (decision of the Council of the Eurasian Economic Commission No. 29 of February 16, 2018),
• in the upper part of the windshield, a light protection strip or color film up to 140 mm wide is acceptable (light transmission is not standardized),
• There are no restrictions on dimming the rear hemisphere if the car is equipped with exterior rear view mirrors,
• Mirror tinting of cars is prohibited (clause 4.5).

It is worth considering that even a new car will not have 100 percent light transmittance: cars leave the assembly line with factory tinting.