Fine for tinting 2021: new law

New law on tinting

A bill to change the punishment for tinted car windows was submitted to the State Duma back in 2015. The document assumes that for the first violation the driver will pay a fine of 1,500 rubles; a repeated violation will entail a new fine of 5,000 rubles or deprivation of rights for a period of 1-3 months.

For 5 years it has not changed its status and is under consideration; there is no talk of acceptance or entry into legal force. This means that from January 1, 2021, the fine for tinting will remain the same - 500 rubles.

Fine for violating tinting standards

According to the provision enshrined in Art. 12.15 of the Code of Administrative Offenses of the Russian Federation, a driver driving a vehicle whose front windows do not meet safety standards may be subject to a fine.

According to the old standards in force until 2015, the fine was: 500 rubles for a single violation and 1000 rubles for a repeated offense. In the 2021 project to amend the provisions of the Code of Administrative Offences, it was planned to increase the fine for the first violation to 1,500 rubles, and for a second violation to 5,000. The same project proposed to limit the driver’s right to drive a vehicle for the 3rd violation for up to 1 month. However, at the moment this draft has been subject to changes, in particular, the clause on restriction of rights has been removed. But it never reached the final stage, so for 2021 the fine for violating the tinting rules remains unchanged and is 500 rubles.

ATTENTION !!! It is important to note that in case of violation of the rules for the execution of an administrative penalty (in our case, late payment or refusal to pay), the law provides for additional sanctions.

So, if within 70 days from the date of imposition of the fine it was not canceled or paid, the following measures of state coercion may be applied to the driver:

• an additional fine of 1 thousand rubles;
• compulsory unpaid work up to 50 hours;
• arrest up to 15 days.

At the same time, in the first 20 days from the moment the fine is imposed, a discount on its payment is provided. Its size is 50%.

Window tinting controversy

Perhaps the deputies are not moving on to consider the law because the issue is controversial.

Proponents of tinting give the following arguments in favor of gluing a special film:

1. Reducing the number of car thefts; items inside the car are not visible from the street.
2. Reducing conflicts between drivers on the road, no eye contact - no problem.
3. Reducing the temperature inside the car and optimizing fuel costs; the air conditioner is turned on less often.
4. Reducing the amount of glare that affects vehicle control and improving the appearance of the car.

Residents of southern regions, where the bright sun makes driving difficult, insist on the need to darken car windows. By the way, in California, for example, it is prohibited to drive a car without sun protection on the windows.

In regions where there is short daylight and twilight most of the year, glass that is too dark actually reduces visibility.

Requirements for tinting car windows (permissible percentage of shading)

According to the requirements established by the technical regulations of the Customs Union “On the safety of wheeled vehicles” (section 4 of Appendix 8):

Clause 4.2. It is not allowed to have additional objects or coverings that limit visibility from the driver's seat.

Clause 4.3. The light transmission of the windshield and windows through which forward visibility is provided to the driver must be at least 70%.

At the top of the windshield, it is allowed to have a light-protective strip made in the bulk of the glass, or using a tint film - no more than 140 mm wide. If tinting is carried out in the bulk of the glass, the width of the shading strip must correspond to that established by the vehicle manufacturer. The light transmittance of the light protection strip is not standardized.

Clause 4.4. Painted and tinted windshields must not distort the correct perception of white, yellow, red, green and blue.

Clause 4.5. It is not allowed to use glass whose coating creates a mirror effect.

To avoid problems with traffic police officers, tint so that the light transmittance of the front and windshield windows is at least 70%.

What tinting is legal in 2021?

You don’t have to worry about imposing an administrative fine for tinting if the following conditions are met:

• the light transmission coefficient of the windshield and front side windows is at least 70% for ordinary cars and at least 60% for armored ones;
• the rear and rear side windows are completely darkened, but not with a mirror film, it creates glare for vehicles moving behind;
• A dark strip up to 140 mm wide is glued to the windshield.

What to do to avoid a fine

To begin with, it is worth understanding that in Russia a really huge number of drivers install film with violations, and in some cases the glass throughput does not reach 15%, which is extremely dangerous. It should also be taken into account that in a controversial situation the court will be on the side of the inspector.

However, if the driver did not violate the rules, and the inspector organizes an inspection and is going to issue a fine, you should:

• record in as much detail as possible the weather conditions under which the measurements were taken (or if there were no measurements at all);
• describe, photograph the measuring device, indicate the presence of a factory seal and certificate;
• describe the methodology by which the verification was carried out.

Even when interpreting controversial issues in favor of the inspector, the court will be obliged to take into account significant violations, so if something happens, it will be easy to get the decision overturned on appeal.

What to do if an inspector stopped you for tinting?

1. To impose a fine for tinting, measurements must be taken with a special device - a taumeter. This procedure is possible not only in the conditions of stationary traffic police posts. A traffic police inspector can measure light transmission in any place and in any weather conditions using a special sealed, certified device. You have the right to request a certificate for the device and check the seal.
2. Measurements should be taken in three places on the glass. If the employee received identical data, everything is fine.
3. Film the entire procedure on a video camera and involve witnesses to participate in the litigation.

If you are nevertheless caught violating the rules, do not rush to remove the tint on the spot. You will still have to pay the fine.

Thus, the new fine for “toner” in the amount of 5,000 rubles turned out to be a myth; to the question “what fine will be issued for tinting?” the answer has not changed - 500 rubles. If you pay right away, you can get a 50% discount and illegal tinting will cost 250 rubles, if there were no violations before.

The question about tinting belongs to the section on road safety questions. Good visibility at any time of the day and in any weather is crucial for road confidence and driving comfort. In addition to the required transparency of the glass, it is worth taking care of sufficient lighting. High-quality factory LED headlights LOYO from the Wesem-Light online store will help in this matter.

Automotive lawyer Slavnov spoke about the punishment for incorrect tinting

April 26, 2021, 18:48 - Public news service - OSN traffic police in Moscow is conducting a raid against illegal tinting until the end of April. Automotive lawyer Dmitry Slavnov spoke in more detail about penalties for violating the light transmittance requirements of automobile windows in an interview with Vechernyaya Moskva.

He noted that there is no need to be afraid of such raids. Their goal is not to intimidate people, but to improve road safety, the expert added. He recalled that the car is an increased source of danger.

“Previously, many people had tinting and it seemed like something very cool, but now safety is a priority. Let's fantasize a little: what if a terrorist or, excuse me, a drug addict is driving behind this tinted glass? Without this tint, you at least have a chance to notice something suspicious and change lanes or somehow move away from the inadequate person in order to save your life,” Slavnov explained.

Excessive tinting is especially dangerous in the evening and at night, he continued. The driver may not notice something and provoke an accident, in which those around him risk getting hurt, the publication’s interlocutor clarified.

For non-compliance with GOST for tinting, Russians face punishment under Article 12.5 of the Code of Administrative Offenses (clause 3.1). This is a fine of 500 rubles. Slavnov clarified that the driver has ten days to appeal. He also recalled that within 20 days citizens can pay the fine with a 50% discount.

“Either you pay it in full within two months. If you have not paid during this time, then a bailiff may start working and issue you a fine of double the amount, but not less than 1000 rubles. So, the amount of your fine increases to one and a half thousand. It’s better to pay right away, otherwise the fines will accumulate and accumulate,” the expert advised.

How to appeal a fine for tinting

If at least one of the conditions listed in the previous section is violated, the driver has a chance to challenge the imposed penalty. You can also appeal the protocol if serious errors were made in it.

It is advisable to start the appeal process right at the place where the protocol was drawn up. All complaints and recorded violations must be included in it. After signing the protocol, the driver will have 10 days to contact the traffic police. The application must describe the verification process, indicate the violations of the traffic police officer and provide evidence of your innocence. If the application is approved, you will not have to pay a fine. If the statement is considered unsubstantiated, and the driver fundamentally does not want to pay the fine, he will have to go to court.

What happens if you remove the film on site?

If the tint can be removed on the spot, then this can and should be done. However, the violation has already been recorded, so the traffic police officer will still have the right to draw up a report. On the other hand, it all depends on the inspector: if you remove the tint at the first request, there is a high probability that he will simply let you go without issuing a fine.

Windshield tinting prices

Windshield tinting is particularly complex and is not done on all car models. In particular, we do not tint the windshield of “classic” Zhiguli cars.

If the windshield has large chips, then tinting can be carried out without a guarantee, at the responsibility of the customer.

Driver, open your face

According to the proposed changes, if a traffic police inspector stops a “blacked-out” driver for the first time, the punishment will be the same - 500 rubles. But if the same driver is caught again, he is proposed to be fined 5 thousand rubles. The third time, having caught a car owner with tinted windshield or front side windows (rear windows are allowed to be tinted), the inspector will no longer limit himself to issuing a fine. For repeated violations, it is proposed to deprive the violator of his driver’s license for a period of 2 to 6 months.

The traffic police explained that at the moment, at least in Moscow and other large cities, a driver caught in any offense is “punched” right on the spot, that is, the background of his violations is studied. Therefore, there will be no problems finding out the number of previous “drives” of the driver for tinting. In small towns, traffic cops don’t have any tablets, of course. But there it is easier to identify a “repeat offender” by eye. At least if he is fined for tinting, it will be the same police squad.

Let us remind you that in November 2014, the penalty in the form of license plate removal for tinting was abolished. After this, Moscow car repair shops recorded a sharply increased flow of customers who wanted to tint their “iron horse.” Motorists are no longer afraid of a fine of 500 rubles. Many simply began to pay it and continue to drive around in violation.

According to Vladislav Grib, a member of the Public Council under the Ministry of Internal Affairs, it was after this that it was decided to return to the issue of tightening responsibility for tinting.

Tinted windows, according to experts, are dangerous for driving at night. Through them, the visibility of the road situation for the driver is significantly deteriorated. In addition, it is “tightly” tinted cars that are preferred by criminals of all stripes - drug transporters, purse sellers “on wheels” and other asocial elements who do not like public attention.

The draft law being developed amends Part 3.1 “Driving a vehicle with glass installed (including those covered with transparent colored films), the light transmission of which does not meet the requirements of the technical regulations on the safety of wheeled vehicles” Art. 12.5 Code of Administrative Offenses of the Russian Federation. According to established technical regulations, the light transmittance of the windshield and front side windows must be at least 70%. It is planned to submit the bill to the State Duma this spring.

President of the College of Legal Protection of Car Owners Viktor Travin reminds that traffic police officers have already come up with a way to punish those who like tinting. They are given an order to eliminate the violation within a certain period of time, that is, to tear off the film from the car windows. In the future, if the order is not fulfilled, the driver can be sent to court for “disobedience to a lawful order or requirement of a police officer.” And under this article of the Code of Administrative Offenses of the Russian Federation, the court can place a tinting enthusiast under administrative arrest for up to 15 days.

Controversial issues

There is still debate among automobile lawyers about the legality of issuing a requirement to remove the tint. The law only prohibits driving a car that does not comply with technical regulations. Tinting itself is not prohibited. Thus, the inspector should only require that you not drive a car with excessive tint. Despite the identified contradiction, traffic police officers continue to issue orders to remove the tint film and punish for failure to comply with these requirements.

There is no way to challenge the order, since it is not a type of punishment. If the traffic police officer decided to remove the tint in writing, then most likely he entered this requirement into the traffic police database. In this case, it is better to get rid of excessive tinting and make a new one that complies with the law. Otherwise, the punishment may be an increased fine or even administrative arrest.

How to check tint

Light transmittance testing is regulated by Order of the Ministry of Internal Affairs No. 1240. It must be done in accordance with the following rules:

1. Light transmittance is measured with a certified and sealed taumeter.
2. The check can be carried out by any traffic police officer with the appropriate note in the certificate.
3. The result of the test is the arithmetic average of the instrument readings in three different places.
4. The glass surface must be dry and clean.
5. The weather must meet certain conditions: air humidity – up to 45%;
6. atm. pressure – 645-795 mm. Hg Art.;
7. temperature – from -15 to +25 degrees Celsius.

Administrative arrest for car tinting

Is it legal to be arrested for tint? We studied the practice of applying the law and got the result: the courts issue administrative arrests against violators who did not remove the tinting from the front windows of their cars in time.

If we interpret the law literally, we can conclude that administrative arrest cannot be used as a punishment for tinting. And that's why. Article 19.3 of the Code of Administrative Offenses of the Russian Federation states that administrative liability for this offense occurs in the event of disobedience to a lawful order or requirement of a police officer in connection with the performance of his duties to protect public order. And the offense provided for in Article 12.5 of the Code of Administrative Offenses of the Russian Federation does not apply to actions that infringe on public order and public safety.

But practice develops differently. We made a request to the traffic police to clarify the situation. We received the following response. When initiating an administrative case under Part 3.1 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation, the presence in the specialized federal records of traffic police departments of information about previously issued demands to stop similar illegal actions is checked. If such information is available, the issue of initiating a case against the driver for an administrative offense, provided for in Part 1 of Article 19.3 of the Code of Administrative Offenses of the Russian Federation, is decided. Otherwise, the offender is issued a demand to cease illegal actions. The response contains a link to a letter from the Prosecutor General's Office of the Russian Federation, which recognizes this procedure as legal.

The courts also recognize the legality of applying Article 19.3 of the Code of Administrative Offenses of the Russian Federation if the driver did not comply with the requirement and did not remove the darkening film from the car windows:

• Resolution No. 5-35/2017 of May 2, 2021 in case No. 5-35/2017
• Resolution No. 5-763/2017 of May 10, 2021 in case No. 5-763/2017

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