The tradition of tinting car windows arose many decades ago, and today it has not lost its relevance at all. Car window tinting is very popular among car owners, regardless of how actively government officials, in particular the traffic police, are fighting this phenomenon. But car owners are in no hurry and have absolutely no intention of tearing off the film from the windows of their cars. After all, this is very practical: during the hot season, the interior is much cooler, it heats up less in the sun, and drivers can drive the car without wearing sunglasses. And the fact that tinted windows make it possible to hide the faces of car passengers from the prying eyes of others is very significant for many. So, what is the situation with this issue today, what legal norms are in effect and what fines will negligent drivers face for violating tinting rules in 2021.
Are there any changes to the 2021 traffic rules and new laws on tinting?
On the endless Russian roads this year you can see a lot of both cars and trucks with tinted windows. The level of tinting varies: you can see almost impenetrable light-filtered car windows, and you can also see a barely noticeable light-protective coating. About 10-15 years ago it was pretty cool to tint car windows with a mirror coating. This often interfered with other drivers on the road, blinding them with the glare of the sun. The authorities tried to wage a fierce fight against mirror tinting and sometimes acted with radical methods, including placing cars with mirrored glass in impound areas or removing license plates from them. Such a struggle yielded results, and today mirror-tinted windows on cars can sometimes be seen only in the distant Russian outback.
In some Western countries, for example, in the United States, Canada or Great Britain, it is not at all prohibited to tint car windows under the mirror, and the use of chrome car parts, which can create significant problems for other drivers, blinding them with bright sunlight, is also not prohibited. By the way, on American or Canadian highways, a car owner can legally drive a car whose body is completely chrome-plated, since the laws do not prohibit this. Whether this is a tribute to democracy or simply an oversight by the authorities is difficult to say. But oddly enough, the percentage of traffic accidents on American, Canadian or, for example, British roads is much lower than on Russian ones.
The history of the struggle of the traffic police and the services that became its successors against the tinting of the windows of their cars by drivers has a long and interesting history. Over the years, this struggle took place with more or less activity, using the method of recommendations or the method of strict prohibitions and restrictions. Until November 2014, traffic police officers had every right to remove license plates from cars whose window tinting exceeded the permissible standards established by law. There were also years when almost no attention was paid to cars with heavily tinted windows. The situation was reminiscent of the well-known campaigns “to fight ... (something)” from the relatively recent Soviet past, in which all actions of local authorities were initiated from above, and the company itself sometimes acquired a simply paranoid form, reminiscent of all-Union hysteria.
Road services continue to struggle with car tinting on Russian roads
If we talk about 2017, we cannot say that the situation has changed dramatically. Auto experts predicted a significant intensification of the fight against owners of cars tuned in this way this year. Such forecasts were based on the development of a law on a significant increase in administrative liability for violating the standards for tinting windshields and front side car windows, which provided for a threefold increase in fines. It would seem that it was in 2021 that Russian legislators decided to seriously concern themselves with the problem of tinting car windows and introduce significantly more stringent administrative measures for violators of traffic rules. The information leak about the existence of such a bill blew up social networks and disturbed the peaceful sleep of a large number of Russian drivers. Experts have named various dates for the draft law to come into force. It was assumed that liability for improperly tinted windows would be introduced on the first day of 2021, but this did not happen. The next time they expected a promotion from the first of June, then from the first of July, but nothing like that happened. The basis for such sentiments was the adoption by the State Duma of certain amendments to the law that does not directly relate to the tinting of car windows, but is related to the technical re-equipment of vehicles. This happened in December 2021. The initiator of these amendments was the first deputy chairman of the State Duma, Evgeny Lysakov.
Russian legislators are still considering changes to the law on tinting
In addition, he submitted to the deputies a separate bill regarding a threefold increase in fines for improper tinting of car windows, suggesting not only fines, but even deprivation of a driver’s license for a maximum of six months for exceeding the norms for tinting car windows. For improper tinting of car windows in 2021, a fine of 500 rubles is provided. The bill proposes increasing the fine for this traffic violation to one and a half thousand rubles. In case of a repeated violation within one year from the date of the first violation, the fine should be five thousand rubles. Neither the first nor the second time the violator would be required to eliminate the defect on the spot, that is, remove the film directly where he was stopped by the traffic police inspector. But it would be undesirable to come to the attention of the traffic police for a second time with such a violation. But if the fine did not have an effect the second time, then in this case it would be subject to deprivation of rights for a period of four to six months.
I would immediately like to reassure Russian drivers - for now, as they say, everything is fine . The bill was considered by deputies in the first reading and sent for revision indefinitely. Therefore, Russian drivers whose car windows are darkened beyond the norm can still drive relatively calmly on the roads of their native country without fear of large fines or deprivation of their driver’s license. There is also no separate fine for tinting in 2021 for a repeat violation.
At the moment, the administrative liability of drivers of cars with windows that are tinted above the norm is regulated by Part 3.1 of Art. 12.5 Code of Administrative Offences. The administrative fine for this violation is 500 rubles.
It is not surprising that the information that the State Duma is going to adopt new norms of the law on tinting prompted traffic police officers to take active proactive measures. It has become commonplace to conduct raids to identify drivers who violated the rules for tinting windows. The Russian press wrote a lot about a similar raid in Kazan, carried out by traffic police officers in the spring of 2017.
Traffic rules change regularly, amendments and adjustments are made to them in accordance with the spirit of the times. In 2021, several significant innovations were actually introduced into the traffic rules in force in the Russian Federation, which relate to the re-registration and re-equipment of cars, strengthening control over the transportation of children, the validity period of a driver’s license and the rules for obtaining it, driving vehicles by persons who have received a driver’s license no more than two years ago. Also, many more less significant changes were made to the Rules. To be fair, we note that a fine of 500 rubles has been in effect since the mid-2000s. At one time this was quite a significant amount. But inflation has turned the size of the current fine for improper tinting of windows into a completely insignificant damage to the violator’s budget.
Experts agree that in the near future the bill proposed to the State Duma to increase fines for improper tinting of car windows will nevertheless be adopted, naturally, after the amendments required by deputies have been made to it. Therefore, today it cannot be guaranteed that by the end of 2017 the changed rules for tinting and significantly increased fines for its incorrect implementation will not become another norm of the legislation of the Russian Federation.
Video about the new regulations and GOSTs regulating the issue
Fines for tinting from January 1, 2021
At the beginning of autumn 2021, a bill was passed providing for increased fines for non-compliance with tinting rules. Its appearance is due to massive violation and ignorance of current legislation.
The amount of the fine increased to 1,500 rubles. With a subsequent similar violation, it increases to 5,000 rubles. If after this no changes have been made to the car in accordance with the law, the driver’s license will be revoked. But the last point was removed from the project.
It is noteworthy that these changes were not adopted. The answer to the pressing question , what is the fine for tinting front windows - the old norms. According to the content of clause 3.1 of Article 12.5 of the Code of Administrative Offences, the following rules for forming a penalty apply:
- the size is 500 rubles;
- the driver is given 10 working days to bring the characteristics of the car in accordance with the Technical Regulations;
- the amount of subsequent fines for tinting does not change - 500 rubles.
Unfortunately, such a measure is not enough to ensure the safety of all road users. In fact, after the protocol is formed, the violator has 10 days during which he can, without any fear, use a vehicle that does not comply with the Technical Regulations.
What are the current standards for tinting windshields and front side windows?
To understand the essence of the issue, it is necessary to say that tinting prohibitions and penalties do not apply to tinting itself, but only in case of violation of the rules and regulations established by law. One more point is also important: any tint can be applied to the rear window of a vehicle, but there are no specific light transmission standards for it. A similar rule is also relevant for the rear side windows of the car. The upper part of the windshield of a car can be tinted with a light-protective film, the width of which does not exceed 14 cm. Its level of light transmission is also not determined by law. The tinting of the front side windows of the car is regulated. Their light transmission level should not be less than 70%. The current GOST was established in 2015 at the legislative level; before that, the standards of the old GOSTs determined the level of light transmission, which should not be lower than 75%.
Before deciding to tint a car's windows with a transparent light filter film, a car enthusiast should carefully study the characteristics of this film, find out reviews about its manufacturer, and understand what material it is made of. It is also important to consider the characteristics of the car glass itself . This can help you avoid penalties for tinting. The fact is that the level of light transmission of automobile glass, in fact, is not a constant value. A lot depends on the quality of the glass, its manufacturer, the presence of damage, etc. Sometimes clean automobile glass has a light transmittance level of less than 95%, there are cases when this figure is even 90%.
If a car owner sticks an additional film on such glass that has light transmission characteristics equal to, for example, 70%, then the final characteristics of the car glass tinted in this way will have a light transmission level of 60–65%. If this car is stopped by a traffic police inspector and checks the level of light transmission of its windows, the driver is guaranteed to receive an administrative fine of 500 rubles. Therefore, it is recommended to check the level of light transmission of car windows that are just tinted, immediately after completing the tinting process itself. Naturally, even before leaving the highway, so as not to get an unpleasant surprise at the very first traffic police checkpoint.
At the legislative level, permissible tinting of car windows is regulated by the current GOST 32565–2013. This GOST was adopted in 2013 and abolished the old one, which had been in force since 2002. This document regulates the permissible level of tinting of windshield, front and rear side, and rear windows of a car. If you examine the GOST standards in detail, you understand that the legislator took into account almost all possible nuances. The quality and characteristics of the car glass itself, its manufacturer, and the presence of possible damage are taken into account. GOST also stipulates all the permissible characteristics of the film itself, which is used for tinting.
In the context of the problem under consideration, it is necessary to understand that much when tinting depends on who and where the tinting itself is performed. If specialized craftsmen performed the task poorly, then this may well lighten the car owner’s pocket by half a thousand rubles, since artisanal tinting often leads to violation of light transmission standards defined by law. This happens even when a preliminary calculation of the characteristics of the car glass and tinting film indicates that the final level of light transmission should be within acceptable limits.
The level of tinting of the rear window of a car is not regulated
As already mentioned, light transmission standards do not apply to the rear window. But it can be heavily tinted only if the car has two full-fledged rear-view mirrors. They will allow the driver to make the correct maneuver when moving backwards and control the traffic situation behind his car. This norm is not established in the new law on tinting and fines in 2017. Every car is supposed to have two outside rear view mirrors.
When stopping a vehicle, a traffic police inspector can only measure the width of the strip of light-protective film on the windshield. If he starts measuring light transmittance, then this is an ordinary money scam. An ignorant driver who does not follow changes in the Traffic Rules will agree and pay, and an informed driver will simply point out to the inspector that his actions are illegal. But when the width of the strip of the light filter film is more than 14 cm, then the inspector’s claims will be legitimate, and the windshield must have a light transmission level above 70% . Also, some careless traffic police officers may try to measure the light transmission level of the rear windows and even the rear window of the car. Accordingly, this is also illegal. And in such cases, a conscientious car owner should report this fact to the traffic police hotline. Since the stated fact will need to be proven, it is very advisable to have a video recording of the conversation with the inspector from a car recorder or at least from a mobile phone.
Legislative regulation
Currently, there is no separate legislation on vehicle tinting. Standard values for light transmittance, as well as the procedure for applying penalties for its violations, are reflected in documents such as:
- Traffic Laws;
- Code of Administrative Violations;
- State standards.
The main technological regulation, which specifies the light transmittance standards for tinted automobile glass, is GOST 32565-2013 “Safe glass for land transport. Technical specifications”, put into effect on 01/01/2015. The document data is used when monitoring the indicator by authorized road service specialists.
Tinting and traffic rules
The Traffic Rules prohibit the equipping of vehicles with mirror tinting. All other types of dimming are permitted subject to compliance with the regulated light transmittance parameters, in accordance with the requirements of the state standard.
How is the light transmittance of car windows measured and where can this be done legally?
Order of the Ministry of Internal Affairs No. 1240 regulates the regulatory framework for the technical re-equipment of vehicles. The action also extends to measuring the level of light transmission of car windows. It is this document that the traffic police is guided by when stopping a driver to check whether the technical condition of his vehicle meets the standards established by law. In 2014, several innovations were introduced into the above document, but they did not affect the level of light transmission.
When checking the technical condition of cars, appropriate technical means are often used. If we are talking about non-working side lights or direction indicators, then simply seeing it is enough. But it is not possible to measure the light transmittance of glass by eye. Any devices used for diagnostics must be listed in a special State Register, which contains a list of all devices that are used for measurements. Each device that a traffic police officer uses to check the technical condition of a car must be certified accordingly. The law establishes that devices that diagnose the technical condition of cars must be regularly tested for their functionality. It must be carried out at certain periods of time for each device.
According to the law, the light transmittance of car windows is measured only under appropriate weather conditions. It is strictly forbidden to take measurements during rain or when car windows are dirty and wet. The driver should also know that traffic police officers can measure the level of light transmission only in stationary conditions.
If a driver is stopped by a traffic police officer and asks him to check the technical condition of the car, including the light transmittance of its windows, then the driver has every right to demand from the stopper all the documents that are necessary: a document on the certification of devices, documents on monitoring their performance, the admission of the employee himself Traffic police to carry out actions to diagnose the technical condition of the car. Each traffic police officer conducting diagnostics must have the appropriate certificate, which implies his admission to carry out such a procedure. If the necessary documents are missing (or at least one of them), then any verification results automatically become illegal. If the inspector reveals deviations from the norm, the driver may well challenge the drawn up protocol in court and win the case. It is important to understand that for the trial, in addition to words, other evidence will be required. Therefore, experienced drivers are advised to always communicate with traffic police inspectors using video recording.
A driver stopped by the traffic police, when checking the light transmittance of his car's windows, must pay special attention to the device itself and its sensors, which must be attached to the car windows.
You can check the level of light transmission only at a stationary traffic police post
They should not show any additional darkening and there should be no external film. When the driver believes that the device cannot give correct readings, he has the right to request re-measurement. The traffic police inspector can carry out a repeated measurement only if two witnesses are present. He must look for them himself. If the driver sees that the traffic police inspector is delaying the search for witnesses, then sometimes it is enough to remind about the relevant article of the Administrative Code (Article 28.5 of the Code of Administrative Offenses of the Russian Federation), which says that it is unlawful to detain a car for a long time when a report is being drawn up. You can also ask the inspector to give the number of his immediate management and try to talk to him. In this case, with a high degree of probability, it can be assumed that the traffic police officer may suddenly lose interest in this driver and simply wish him and his passengers a safe journey.
A device used to measure the light transmittance of car windows, in addition to valid certification and performance testing documents, must have a seal, that is, be sealed . If the device is not sealed, then the driver who notices this can calmly continue driving and legally refuse such a diagnosis. Russian traffic police inspectors usually use a small Blik device. It is portable and the power source is the car's cigarette lighter. The device can operate reliably only when the voltage level of the vehicle’s internal network is at least 12 volts. You can try to avoid diagnosing the level of light transmission of the glass by telling the traffic police inspector that the battery is weak and, accordingly, simply cannot produce the required power. Let him drive his patrol car and then the device will definitely work great. For the inspector, this is an extra movement that takes him out of his usual rhythm of work, and he is unlikely to want to do this. Moreover, the fine is not yet five thousand rubles, but only half a thousand.
A few more words about the conditions for using instruments for measuring the light transmittance of glass. In addition to the “Blik”, which has already been mentioned, traffic police officers use several more varieties of similar devices. All of them have passed state certification and can be used on the roads. It’s just that “Blik” is the most widely used. All instruments for measuring the light transmittance of car windows can only be used at temperatures ranging from 10 degrees below zero to 40 degrees above zero. The glass is measured at at least three different points. Corresponding sensors are attached to these points. The arithmetic average of the readings of these sensors will be a figure that indicates the level of light transmission of this glass. The driver must closely monitor the actions of traffic police officers and control their every step. If he manages to notice the inspector’s mistake, then it is extremely undesirable to immediately focus attention on it. You should express your opinion and point out the mistakes made by the traffic police officer in the protocol that he draws up. It is advisable to describe all errors in detail. In court it is much easier to prove your innocence in such a case. Of course, the inspector can conduct a second re-diagnosis, but with the participation of witnesses. It's his right.
Why does the law limit the level of tint?
It’s not for nothing that drivers say that the Rules of the Road were written with the blood of many generations. This statement is also true for window tinting. After all, it is not for nothing that a restriction on its level was introduced in the traffic rules. Tinting car windows, along with obvious advantages, also has significant disadvantages. Exceeding the permissible tinting standards can significantly affect the safe driving of the car. For example, when driving in the dark, heavy tinting on the windows may well prevent detection of an obstacle on the road or (which is probably much worse) a pedestrian walking along a pedestrian crossing. Tinted glass can prevent the driver from determining the presence of danger for a split second and this will lead to casualties. Not only is the unlucky pedestrian’s life cut short, but the driver’s life is also broken, because he will have to bear the responsibility. If in court it is mentioned that the standards were exceeded when tinting the windows of a car that committed a traffic accident with victims, then this will certainly be an aggravating circumstance. This should not be forgotten.
Often, excessive tinting prevents the driver from noticing an obstacle in time
Situation in 2021
Fines for non-compliance with light transmittance parameters during dimming are 500 rubles. There is no provision for an increase in penalties in a situation where the driver has not eliminated the identified inconsistencies with the technological regulations. However, in 2017, many changes were made to the traffic rules regarding the scope of punishment for offenses, so the proposed bill may be approved, as a result of which new requirements for tinting and increased fines for improperly equipping windows with darkening elements will become relevant.
Is it possible to appeal a fine and other penalties?
Let's say unequivocally: it is possible. In cases where the driver is sure that the traffic police officers measured the light transmittance of his car windows unlawfully and with significant violations, he has the right to file an appeal in court within 14 days . As advice for drivers of cars with tinted windows, we can recommend a few more points:
- light transmittance is measured exclusively at stationary traffic police posts;
- atmospheric pressure should be normal (650–790 mm), humidity - no higher than 80%. At high humidity, diagnostics of light transmittance of car windows must be carried out in a dry room. Before diagnosing, the traffic police inspector must first measure atmospheric pressure, temperature and humidity levels. This information must be provided to the driver;
- All documents for the device must be originals, not copies.
A device for measuring the light transmittance of glass is called a taumeter . Currently, a new generation of portable taumeter is being developed, which will have an autonomous power source and will become more technically advanced. So far, there is no reliable information about the timing of the start of its use by traffic police officers on Russian roads.
Video about the legality of the demands of traffic police officers
Examples
All of the above can be illustrated with several examples. Let's consider the most typical situations that often occur on Russian roads.
Situation one
A traffic police officer drew up a protocol for exceeding the permissible light transmittance standards for car windows. However, he did not measure the level of light transmittance with a device specifically designed for diagnostics (taumeter). Such a protocol can be reasonably appealed in court within two weeks, and the driver will be found not guilty, since there was no measurement with the appropriate device.
Second
Traffic police officers stopped the car and offered to check its technical condition. The proposal concerned measuring the level of light transmittance of glass. But the stop occurred outside the stationary traffic police post. Therefore, the requirements of inspectors to diagnose the level of light transmittance of auto glass cannot be called legal. The driver has the right to refuse diagnostics, he can also demand that it be carried out within a stationary post.
In this case, the driver can challenge the protocol in court, since the measurement does not take place at a stationary post
Third
The car was stopped at a stationary traffic police post after light rain. The inspector measured the light transmittance of the glass and found out that it was 72% and did not meet the standard. He drew up a report and issued a fine. In this case, the driver can, on completely legal grounds, appeal the protocol in court, because the checking traffic police inspector did not make preliminary measurements of temperature, humidity and pressure and, accordingly, did not inform the driver of them. And as we know, they are an important component in diagnosis. There is a high probability that the court will acquit the driver.
Fourth
The Blik device was connected to the car’s on-board network, the power of which was below 12 volts. The device eventually gave incorrect readings about exceeding the norm, which were entered into the protocol. During the diagnostic procedure, the driver did not express any complaints about the actions of the traffic police inspector. But in the protocol, he expressed his disagreement with the information specified in it and indicated that the traffic police inspector made a mistake when measuring the light transmittance of the glass, using a device that did not have a sufficient level of power supply. Further actions will be as follows: the inspector can re-measure the level of light transmittance, but for this he will need to find two witnesses and drive his official car, the power of the internal network of which can reach 12 volts. The second option would be to invalidate the protocol and wish the driver a safe journey. A particularly principled inspector may not recognize the protocol as invalid, but the driver will appeal it in court and will most likely win the case, which will not bring any benefits to the career of a traffic police inspector.
