New measures to combat excessive tinting
The State Duma is actively discussing increasing sanctions for darkening windows and headlights, which do not comply with traffic regulations. A new law is being prepared for adoption, according to which it is planned to significantly increase the fine and tighten other penalties for tinting with inappropriate light transmission. Thus, if all the amendments are adopted, then drivers should prepare for the following penalties:
- A threefold increase in the fine (from 500 to 1,500 rubles) for the first protocol.
- Fivefold increase in the amount of the penalty (from 1,000 to 5,000 rubles) for repeated violation
- Deprivation of a driver's license for a period of two months to six months for the third offense.
At the moment, the new law is only going through the stages of discussion and when it will be adopted (how and whether it will be adopted at all) remains a mystery. As mentioned earlier, as of July 1, 2018, the fine for tinting remains the same.
What is the penalty for violating traffic rules?
This violation is regulated by Article 12.5, Part 3.1 of the Code of Administrative Violations: when driving a vehicle that has glass with light transmission that does not meet the requirements of the technical regulations, the driver is punished by a fine of 500 rubles.
During the first stop, the traffic police officer not only draws up a resolution, but also has the right to issue an order requiring the tinting to be removed no later than 10 days.
Reference! If the motorist does not do this, when stopped again, he will be held accountable in the form of a fine of 1,000 rubles or imprisonment for up to 15 days (according to Article 19.3 of the Administrative Code).
Second time in a year
If the motorist did not pay the fine on time and did not remove the tint, and was subsequently stopped by the traffic police, the offender will have to pay a fine, the amount of which is from 1000 rubles , or perform community service, or impose an administrative arrest for up to 15 days (Part 1, Article 20.25 of the Administrative Code) . Find out more about ways to pay traffic fines in a separate material.
If a traffic police officer previously issued an order, the inspector has the right to issue it again, according to which an administrative fine of 5,000 rubles is imposed for a repeated violation (Article 19.3 Part 6 of the Code of Administrative Offenses of the Russian Federation).
Systematic insubordination
If a motorist fails to comply with repeated demands of traffic police officers, the offense is drawn up as a report on repeated offenses under Article 12.5 of the Code of Administrative Offenses of the Russian Federation. The case will be considered in court. According to the decision, the driver may be deprived of his driver's license for a period of 2-6 months. Find out more about the consequences of late payment of traffic fines in a separate material.
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.
Fines today
As mentioned earlier, the punishment for non-compliance with the darkness of the front windows of a car is regulated by Art. 12.5 part 3 of the Code of Administrative Offenses of the Russian Federation. The penalty is 500 rubles. Deprivation of a driver's license, removal of license plates or seizure of a vehicle is not provided.
Moreover, in accordance with the Code of Administrative Offenses of the Russian Federation 32.2 part 1.3 “Compliance with the requirement to impose a fine,” a citizen who made payment within 20 days from the date of the decision is entitled to a 50% discount, that is, during this period you can pay only 250 rubles.
In addition, you need to know a few more nuances regarding this situation:
- Part 1 of this article states that the fine must be paid within 60 days from the date of entry into force of the resolution.
- For a repeated violation related to tinting, the car owner faces a fine of 1,000 rubles. or administrative arrest for up to 15 days.
- Violations of this area issued to an organization, individual entrepreneur or other legal entity are regulated by the same standards, the amount of fines remains the same.
Prescription what is it
Fine for tinting in 2019
The order for tinting, if considered in the actual sense of the word, is interpreted by the Supreme Court and other law enforcers as a requirement consisting in stopping the commission of an unlawful act. The State Traffic Inspectorate, like other police departments, has the duty to demand the cessation of offenses of an administrative nature. Similar requirements are expressed in relation to an individual or legal entity.
The implementation of the stated rule is that an inspector, having seen someone illegally committing any action, must contact and demand that such activity be stopped. This sample cannot be used with tinting.
The technical regulations of the Customs Union stipulate that the tinting of the car hemisphere located at the front should not have a light transmittance lower than 70 percent. When traffic police inspectors check a car for the specified parameter with a special test and it shows a lower level, a fine will be applied to the driver. In this case, the resolution will be drawn up under Article 12.5 of the Administrative Code.
Currently, violation is punishable by a fine of 500 rubles
It is worth paying attention to the fact that it is illegal to sign the act in question in the case when the inspector “by eye” determined that the tinting of the car deviates from the established norm. In practice, the order can be appealed by filing an appeal to the court
Speaking about what to do if you have been issued a prescription for tinting, you should pay attention to the following:
- the actions of the traffic police officer complied with the law;
- if violations occur, go to court and appeal;
- If everything is according to the law, the tint will be removed.
When answering the question of how long the prescription for tinting is currently in effect, you need to refer to the current provisions of the law. The notice form will be issued to the motorist immediately after he has committed a violation of the legal provisions. It is mandatory to eliminate the violation reflected in the specified act. You can cancel the order by appealing or removing the tint.
How to check availability
What to do if, after purchasing a car, there are suspicions that there are restrictions on registration actions due to existing debts. In this case, you need to contact the traffic police MREO, where complete information about the car is recorded and stored.
All information of interest is entered into the vehicle restrictions card.
Information about them can only be obtained upon written request.
After reading the answer, it will become clear whether the car has restrictions and whether it can be re-registered. If a positive confirmation of the restrictions is received, the problem of paying the debt may fall on the shoulders of the person who retains this vehicle.
To avoid this, when drawing up a sales contract, it is recommended to write down not only the seller’s passport details, but also their contact phone number. In this case, the problem can be solved without going to court.
Instruments for measuring the light transmittance of glass
How to properly apply tint yourself
If a traffic police inspector decides to measure the light transmittance of your glass, you should ask him for a valid certificate for the device and see if the device itself is sealed. If the inspector refuses to show the certificate or if it is expired, you should move on calmly, since the measurement is simply impossible.
Often, measurements are made with a portable Blik device. It connects to the car's cigarette lighter and works correctly at a voltage of 12 volts (+- 0.6 volts). Tell the inspector that your battery is very weak and cannot produce the specified power, the inspector will have to drive his car and connect the device to it. The Blik device on its screen shows the amount of light transmitted, for example, if you see the number 75 on its screen, it means the light transmittance of your glass is 75%, which means everything complies with the technical regulations. It should also be remembered that this device can only be used at temperatures from -10 to +40 degrees Celsius. Measurements should be taken at three different points on the glass; the arithmetic average will be an indicator of light transmittance.
Important!
Be careful at all stages of measurement. If the inspector made a mistake somewhere, he should not point it out. After drawing up the protocol, simply indicate all the employee’s mistakes in the protocol itself, in this case it will be much easier to defend your rights.
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.
Requirements for the design of car windows
In 2021, GOST 32565-2013 (instead of GOST 5727-88) regulates the following requirements:
- The light transmittance of the windshield, front and rear side windows is at least 70%;
- If there are 2 rear-view mirrors, the light transmittance of the glass, which provides the driver with visibility from behind, is not standardized;
- Shading of the upper part of the windshield is permissible, with a width of no more than 14 cm.
Violation of the rules for operating a vehicle is grounds for detention.
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.
Requirements for tinting
The Code of Administrative Offenses, effective in 2019, namely Article 12.5, Part 3.1, informs that the light transmission of glass must meet technical requirements, otherwise a fine will be imposed.
The standard for tinting the remaining windows is not determined, provided that the rear view mirrors are installed and working in the car. This also applies to the permitted 14-centimeter strip of the windshield located on top; its light transmission is not adjustable.
Rosstandart defined glass painted or with a polymer film as light heat-protective.
Mirror tinting is still prohibited.
In the Stavropol Territory, if a driver ignores the traffic inspector’s demand to remove the tint, he faces 15 days in the penitentiary for disobedience.
Anyone who looks at the road through tinted windows can see the checkered sky. At least in one Russian region. In the Stavropol region, motorists were obliged to come out of the darkness. If the driver ignores the traffic inspector’s request to remove the tint that does not comply with GOST, he faces 15 days in the correctional facility for disobedience to a police officer.
NTV correspondent Maxim Berezin looked at this new experience from two sides.
Will you be removing this tint on site? It's a shame to take it off, look how beautiful it looks! Looks good.
Tinting film in the Stavropol region is now strictly illegal, even against the backdrop of other seemingly more serious driving mistakes, this violation acquires a certain odiousness. It all started when one of the drivers, who habitually refused to remove the film from the windows, unexpectedly found himself behind bars. He spent exactly 24 hours in the cell.
Igor Semenov, deputy head of the road patrol department of the State Traffic Safety Inspectorate of the Main Internal Affairs Directorate for the Stavropol Territory: “In the city of Stavropol, measures were taken in the form of administrative arrest for failure to comply with the demands of police officers. I can say that it had a very effective effect, because after making such a decision, people began to strip the vehicle on the spot.”
The raid begins in the morning in several districts of Stavropol. The police are armed with light-measuring devices with the cheerful name “Tonic”. They help determine the compliance of the film with GOST on the front windows. Almost no one gets tested.
Motorist: “You’ll have to go to court, where, based on the judge’s decision, a fine of 500 to a thousand or arrest for up to 15 days.”
The risk of ending up in the bullpen due to the tint not being removed on time is indeed very high. The police refer to federal law, more precisely, to Article 19.3 of the Code of Administrative Offenses, which provides for liability for disobedience to a police officer.
A driver caught driving a tinted car is usually asked to remove the film on the spot. In case of refusal, a requirement is issued to eliminate the technical malfunction, which the film is considered to be within one day. Falling into the hands of the traffic police again is regarded as ignoring the demands of the police officers, and, most likely, will end in the Magistrate's Court.
In the Caucasus, where black car windows are almost a national tradition, the zeal of the Stavropol traffic police, of course, produced a powerful effect. Motorists were not even puzzled by the new rule, but seriously frightened. However, no one is in a hurry to remove tinting from windows en masse: when driving past checkpoints, it is much easier to respectfully lower the windows, hoping that no one will notice. All that remains is to wait for bad weather and see what else the driver's ingenuity is capable of.
In fact, it was not the Stavropol residents who were the first to carefully read the administrative code, but the traffic police of the Mari-El Republic. It was there that the lover of dark glass was first put in jail. The angry driver went through the authorities, eventually reaching the Supreme Court of Russia. The court, however, recognized the policemen’s actions as justified, and a precedent arose.
Alexey Selyukov, Commissioner for Human Rights in the Stavropol Territory: “I think this is a misunderstanding of the law. I believe that one cannot be deprived of freedom for this. Well, okay, they deprived him of it for 10 days, served it, didn’t do it again, what then?”
There is already an opinion among drivers that under the new rule a person will be punished twice for the same offense. The first time is when they issue a fine for tinting, and the second time when a day later they catch you again for the same reason. But the whole point, it seems, is in the educational effect of the law. After several arrests, police officers expect that drivers will begin to be more respectful of traffic police regulations.
Car enthusiast Alexander Morev seems to have been imbued with this feeling for the rest of his life; he spent almost the entire day in heated debates with the police, and in the evening he still ended up in court.
Alexander Morev: “We’ll tell you, we’ll show everything to our friends and comrades and we’ll tell them not to violate it.”
Alexander still got off happily. He will pay a minimum fine of 500 rubles and, most likely, will never tint his Lada again, which, apparently, cannot be said about larger cars.
Traffic police officer: “People don’t stop thinking too highly of themselves.”
What to do after receiving a request?
Issuing an order to eliminate the violation (in this case, removing the tint) does not imply immediate action. That is, a drunk driver caught behind the wheel cannot continue driving a car, but a person who does not comply with the window tinting norm will calmly move on.
Legally, the order comes into force after 10 days. Thus, for 10 days the driver can drive the vehicle without removing the tint. Most often, traffic police officers use exactly this wording in their demands: eliminate the cause of the offense within 10 days.
If a person continues to drive with dark windows longer than the established period, and gets caught a second time, he risks receiving either a fine of 500-1000 rubles or arrest for 15 days. Ignoring the demands of a police officer is punishable under Art. 19.3 Code of Administrative Offences, part 1.
Procedure
Requirements
If you do not know what the requirement for tinting is, it is confirmed by a document that is issued once. If the driver ignores this condition, then at the next stop the police inspector will fine him 500 rubles, and also impose an additional punishment. It is chosen by the judge. The outcome of the simplest option is a fine of up to 1,000 rubles. Sometimes an administrative arrest may be imposed for a period of up to 15 days. In fact, there are drivers who are willing to constantly pay money for such a punishment, just so as not to dismantle the film from the front and windshields. Such punishment is designed just for such drivers. Few people want to sit behind bars for 15 days.
Tint Prescription Law
The order to remove the tint is considered an optional document that is provided to the driver together with the decision to impose the current administrative fine. In addition, it is necessary to indicate that the driver must remove it within 10 days, otherwise he will be subject to an additional article of the Code of Administrative Offenses, up to and including arrest for a period of 15 days. If you are wondering if the 2021 tint requirement is legal, it is, but the vehicle owner has the right to ignore it.
Validity period of the order
As mentioned above, the validity period of such a document is 10 days. But there are exceptions that are also taken into account in the Code of Administrative Offences. If during this time he does not comply with the requirements that were prescribed by the police inspector, the owner of the car will receive an appropriate punishment. To prevent this, try to fulfill all requirements and be an exemplary owner of the vehicle.
How to avoid a tint ticket?
If you have been issued a fine for tinting with a prescription, the optimal solution would be to remove it from the front windows of the car and bring it into compliance with the appropriate technical regulations of the Customs Union. Don't worry about any penalties, they will be eliminated in the future. There is no way to avoid being discharged. You can only ignore this document.
How to cancel a tint order?
Some unscrupulous owners are trying to find flaws in the law. Many people have a question about how to appeal a tinting order and whether it is possible to remove it, use the vehicle for a while, and then put it back in place. In this case, you will not be able to improve anything. The traffic police officer does not demand that the tint be removed, but asks not to violate the code of administrative responsibility. Driving practice shows that if you repeatedly drive a tinted car, the court goes over to the employee’s side. That is, the driver of the vehicle may be arrested or receive additional restrictions on operating the vehicle. Therefore, you don’t think it’s easy to appeal a tinting order.
However, the court cannot be on the side of the traffic police if the paperwork was completed with violations. If you find significant errors in the protocol, contact the court.
Is it legal to claim tinting in 2021?
An order to remove tinting is an additional document that is issued to the driver along with a decision to impose an administrative fine.
At the same time, the requirement states that the driver must remove the tint film within a certain period (usually 10 days). Otherwise, the violator will be subject to additional administrative liability. Moreover, the punishment provided is quite serious - up to arrest for up to 15 days.
I first heard about such a scheme from readers several years ago. Moreover, it was not clear on what basis the traffic police officers demanded that the driver remove the tint. In this regard, doubts arose about the legality of their demands.
However, in practice, the document is more cunning than it seemed at first.
Solutions for the owner of a tinted car
Speaking about whether it is legal to impose tinting orders on a car owner, we can easily answer in the affirmative. This act has a separate expression. No extract is made from it. It is issued after the inspector has drawn up a protocol documenting information about the commission of an offense. The action is implemented in accordance with the provisions reflected in Article 12.5 of the Administrative Code.
The legislator sets the period within which the order must be executed. The period of time will last, as a rule, ten days. If on the eleventh day the violation has not been eliminated and the inspector checks the car again, the provisions of Articles 19.3 or 19.5 of the administrative law may be applied to the violator. To get rid of the tinting film is required in a special company; after the procedure is completed, the owner of the car is issued a corresponding certificate.
Also speaking about how much the requirement for tinting applies, it is worth pointing out that traffic police officers, after stopping a car with a tinting violation, cannot independently tear off the film, since the violation is corrected by the car owner. The owner of the car has the authority to tear off the film at the place where his employee stops, but in this case the decision to impose a fine will not be canceled and it will not be possible to avoid responsibility.
Only half of the fine amount will be stored for the first twenty days after the violation, that is, you can pay it at a discount. If you do not make payments for a long time, then in addition to the fine itself you will have to pay accrued penalties. The resolution will usually be written by hand. There are many such cases in practice.
During verification activities, the police officer is guided by:
- The provisions of the Constitution. In particular, human rights must be respected.
- Police legislation.
If a violation is committed, the measure taken is considered illegal. It is possible to mitigate the punishment applied to the offender. Such provisions are enshrined in Article 4.2 of the administrative law. These include situations when a person voluntarily stops committing actions that violate the law. The violator also helps the inspector in establishing all the circumstances of the violation.
What is a prescription
A legal document drawn up in writing by a public official. The first part reflects illegal actions with reference to a legislative act. The second contains an order to stop the violation, excluding its causes and circumstances. If the traffic police requirement for tinting is not met, then an article of the Code of Administrative Offenses of the Russian Federation is applied, for which you will have to bear responsibility again.
A fine is provided for failure to comply with technical regulations before receiving a document in the amount of 300–500 rubles under Part 3.1 of Article 12.5.
Rules for determining the degree of tint
The procedure for measuring the degree of light transmission through the side windows of a car has its own characteristics. Necessary conditions for taking measurements:
- Light transmission measurements can only be taken at a stationary traffic police post;
- The devices with which measurements are taken must have appropriate certificates of conformity with the date of the last inspection indicated (that is, the device must be suitable for use). In addition, the device used must be included in the State Register of Devices Allowed for Use in Measuring Light Transmission. Some devices are prohibited from being used at subzero air temperatures outside, that is, in freezing temperatures.
- The measurement must be carried out by a traffic police inspector, provided that the glass is clean and dry.
Simply put, no free-standing traffic police inspector has the right to measure light transmission in rainy weather.
In addition, when carrying out it is necessary to pay attention to the external condition of the device, since some unscrupulous inspectors may stick small pieces of film onto the sensors, which naturally leads to measurements not in favor of the driver. There must also be a seal on the device itself.
But, if the inspector nevertheless made a measurement, then the driver has the right to demand a re-measurement. In this case, a prerequisite is the presence of two witnesses, who must be attracted by the inspector himself. If there is a clear delay in finding witnesses, then you can threaten the inspector with a call to the police, since he is violating the time frame for detaining the car.
Another important nuance: if the inspector made any mistake during the measurement, then you should not point it out to him. It is better to wait for the protocol to be drawn up and make a reference to the mistake made in it. In the future, this fact will help in defending your rights.
Responsibility for tinting
Initially, when tinting windows in our country, attention was paid not to the ability to reduce the flow of incoming light, but to limit the visibility of what was happening inside the car from the outside. This method was used for drinking alcoholic beverages, transporting passengers in larger numbers, and for committing and concealing traces of crimes.
This article is a reference to the Technical Regulations of the Customs Union 018/2011 “On the safety of wheeled vehicles” and updated in accordance with it GOST 32565-2013 “Safety glass for land transport. Technical conditions".
To avoid an increase in the number of accidents, traffic police officers are authorized to draw up protocols when conducting random checks on the streets of the city and beyond. If this fact is discovered, the result is the issuance of a resolution on the commission of an administrative offense and the imposition of a fine.
When is it not necessary to remove film at all?
Requirements for the light transmittance of rear windows, relevant for 2021, are established in clause 4.3 of the Technical Regulations “On the Safety of Wheeled Vehicles”. And the rear windows can be covered with film without any restrictions. The only requirement is the presence of side rear view mirrors on the right and left.
Front windows must have a light transmittance of 75%, as specified in UN Regulation No. 43. Otherwise means making changes to the design, with subsequent possible termination of vehicle registration. However, in the mentioned paragraph 4.3 of the regulations, a reduction in light transmission of up to 70% is allowed, apparently due to the natural wear of the glass.
If you plan to use the car as a living room in case you are kicked out of the house, and it is constantly parked and does not go on the road, then you can paint over all the windows with black paint. The percentage of light transmission is important only when driving a car, which begins the moment it starts moving.
Thus, tinting is not prohibited in principle, but there are 2 conditions:
- or your car is stationary, and then you can at least board up all the windows with plywood,
- you drive a car, then the tinting together with the glass must transmit at least 70% of the light, otherwise such film must be torn off by law.
You will also be interested in:
- Who is responsible for the car if the driver is picked up by traffic police officers and taken away?
- All about the new warning in the police in questions and answers
- Does a traffic police officer have the right to stop and check the documents of pedestrians and passengers?
Legality of traffic police actions
Before issuing a monetary penalty, it is not enough to visually determine that the car does not look in accordance with the state standard. An employee of the State Traffic Inspectorate must check the light transmission with a special diagnostic tool under appropriate conditions.
If the driver sees any violations in the measurements, he may request the drawing up of a protocol in which he must indicate why the car owner does not agree with the results of the inspector’s actions. This document must be certified by two individuals as witnesses.
It is advisable to record everything that happens with a recorder or other photo and video devices. If you appeal the fine in court, the filming materials will be useful.
The possibility of this document is enshrined in Article 13 of the Law “On the Police,” which states that an official may demand that a citizen stop illegal actions.
The order is issued not only to the owner, but also to the person driving a particular vehicle. If this citizen is stopped a second time, but while driving a different car, then it is legal to take action against him as for the primary violation.
If the car owner is stopped outside a stationary post, or has received an invitation to proceed to it, then the driver has the right to refuse. Administrative detention is permissible only for repeated violations.
In court proceedings, you can prove your case if you are prompted to act illegally, get rid of the polymer tinting film at the stop.
Is it possible to remove tint and avoid a fine in 2021?
According to the requirements of the law, the driver is obliged to comply with the legal requirements of the inspector - Part 3 of Article 30 of the Police Law. These are the requirements associated with the collection of evidence in an administrative case. If there are visual signs of a violation (dark glass), then the inspector has the right to demand measurement of their light transmission. Obstruction of measurements - failure to comply with legal requirements with subsequent punishment under Part 1 of Article 19.3 of the Code of Administrative Offenses, up to arrest for 15 days.
Let's trace the chain of legislative acts at the request of the inspector!
- Legal are the demands of traffic police officers that are based not only on their rights and responsibilities, but for which the procedure for exercising rights and responsibilities is determined - part 3 of article 12 and part 3 of article 13 of the Federal Law on Police.
- This procedure is given in paragraph 126 of the regulations, which contains references to paragraphs. 96-99 of the Administrative Regulations for Supervision of the Technical Condition of Vehicles.
- In addition, restriction of the rights and freedoms of citizens is permissible only on the grounds and in the manner established by federal law - Part 2 of Article 6 of the Law “On the Police”.
- The grounds are specified in paragraph 111 of the Administrative Regulations of the State Traffic Safety Inspectorate. We are talking about the presence of signs of an offense under Article 12.5 of the Code of Administrative Offences.
- According to the listed standards, the inspector’s demands to provide a car to measure light transmission are considered legal. And, if the driver, instead of fulfilling a legal requirement, rips off the film, then he is sent to a judge, who makes a decision on punishment under Part 1 of Article 19.3 of the Code of Administrative Offenses.
According to the listed standards, the inspector’s demands to provide a vehicle for measuring light transmission are legal. And, if the driver, instead of fulfilling a legal requirement, rips off the film, then he is quite rightly sent to a judge, who makes a decision on punishment under Part 1 of Article 19.3 of the Code of Administrative Offenses. True, not every removal of film will result in punishment.
Types of penalties for illegal car tinting
Most of the penalties provided for violations of GOST 5727-88 are prescribed in part 3 of article 12 of the Code of Administrative Offenses of the Russian Federation. This is what all law enforcement officers who catch a violator with illegal tinting are guided by. For all types of violations (reduced light transmittance of windshields and windshields, excessively increased width of the sun strip, use of mirror film) the same set of sanctions is provided, namely:
- A fine of 500 rubles. This amount is made legal by the corresponding resolution, which regulates the 12th article of the Code of Administrative Offenses. It is worth noting that a fine is the most common way to punish the driver of a vehicle with illegal tinting.
- Order for illegal tinting. Despite the fact that the possibility of issuing such an order to the driver is not regulated by Article 12 of the Code of Administrative Offences, quite a large number of law enforcement officers still practice this action. This kind of order contains a requirement to eliminate the source of the violation, that is, illegal tint film. At the same time, in accordance with the same regulation, the owner of the vehicle undertakes to remove the film within one day from the date of receipt of such a document.
For violation of the law on tinting, the film is removed on the spot.
Administrative arrest. This penalty is directly related to the sanctions from the previous paragraph. According to the law (namely, Article 19 of the Code of Administrative Offenses), if a car owner who received an order for illegal tinting did not eliminate it within one day, this can be regarded as resistance to law enforcement agencies. Accordingly, if state traffic inspectors have detected illegal tinting of a vehicle, the owner of which received an order more than a day ago, they can punish him in the form of administrative arrest for a period of 15 days, and this will be absolutely legal.
Nowadays, many motorists still mistakenly believe that illegally tinting a vehicle can result in license plates being removed. This is wrong.
Thus, if a state traffic police officer threatens to remove your license plates because of incorrect tint, this can be safely regarded as a false accusation and subsequently used in court.
Protocol for incorrect tinting.
Request to terminate an administrative offense
In preparing this article, I studied several options for requirements that are issued by traffic police officers. I suggest you look at one of the examples:
Let's take a closer look at the document below:
1. Please note that the traffic police in the text of the order does not require removing the tint film as such. It demands that the administrative offense be stopped .
In this case, the driver can stop the offense in several ways:
- Removing the tint film is the most obvious option.
- Stop driving (do not use the vehicle).
- Sell a car, etc.
2. This requirement is completely legal. Article 13 of the Federal Law “On Police”:
Article 13. Police rights
1. To perform their duties, the police are granted the following rights:
1) demand from citizens and officials the cessation of illegal actions, as well as actions that impede the legitimate activities of state and municipal bodies, deputies of legislative (representative) bodies of state power, deputies of representative bodies of municipalities, members of election commissions, referendum commissions, as well as the activities of public associations;
So everything is within the limits of the law.
3. Liability for violation of this requirement is provided for in Part 1 of Article 19.3 of the Code of Administrative Offenses:
1. Disobedience to a lawful order or demand of a police officer, a military man or an employee of a body or institution of the penal system or an employee of the National Guard of the Russian Federation in connection with the performance of their duties to protect public order and ensure public safety, as well as obstruction of their performance of official duties -
shall entail the imposition of an administrative fine in the amount of two thousand to four thousand rubles, or administrative arrest for a term of up to fifteen days, or compulsory labor for a period of forty to one hundred and twenty hours.
Thus, if the driver ignores the requirement and continues to drive a car whose glass does not comply with the current regulations, then the next time he is stopped by the traffic police, in addition to a fine for tinting in the amount of 500 rubles, he will receive an additional punishment. The amount of the punishment will be chosen by the judge.
If there are mitigating circumstances, the driver will receive a fine of 2,000 - 4,000 rubles . Otherwise, administrative arrest may be imposed for up to 15 days or compulsory work for 40 - 120 hours .
In practice, there are drivers who are willing to constantly pay fines for tinting, just so as not to remove the treasured film from the front windows. It is for them that the requirement to stop the offense is intended. It’s unlikely that anyone would want to serve 15 days behind bars.