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In 2022, the fashion for “tightly” tinted cars is almost gone. Although some auto tuning fans still cover cars with a dark film. Together with the expert, Healthy Food Near Me prepared material on fines for tinting in 2022 and the standards that exist in this area.
How much is the fine for tinting in 2022
The sanction for this violation is prescribed in the administrative code (CAO art. 12.5 part 3.1). A fine of 500 rubles is provided for violation of the regulation. It is the same for all regions of Our Country and for any type of transport, whether it is a passenger car, bus or truck.
However, the fine for tinting can be avoided. A traffic police officer has the right to stop a tinted car, check it and write out a protocol. The driver can remove the black film on the spot. Then the police can only issue a warning. Although they can impose a fine – at the discretion of the employee.
What car tinting is legal
– Excessive tinting of auto glass is interpreted by the legislator as the installation of glass, the light transmission of which does not meet the requirements of the technical regulation on the safety of wheeled vehicles. This also applies to color transparencies,” explains Stepan Korbut, lawyer of the NGO Moscow Collegium of Advocates Nozdrya, Mishonov and Partners.
The windscreen (it is also a windshield), as well as the front side windows, must transmit at least 70% of the light. This is written in paragraph 4.3 of the technical regulation of the Customs Union “On the safety of wheeled vehicles” No. 018/2011. The same information is in clause 5.1.2.5. GOST 32565-2013 “Safety glass for land transport”.
Also popular with some drivers is the so-called removable tinting. It can be in the form of a film that is easy to remove and put back in place, or curtains. Formally, it is also considered a violation, even though it is removed instantly.
How to check the degree of tinting a car in 2022
Previously, a special GOST operated in Our Country, which prescribed how the tinting should be checked.
– At the moment, the current standard does not contain any requirements for test conditions. There are no temperature standards, no air humidity or atmospheric pressure indicators,” notes lawyer Stepan Korbut.
A device that checks the light transmission of glass and tinting is called a photometer. The data that the device showed, the traffic police officer must enter into the protocol. Not all gadgets are suitable, but only those contained in the state register of Rosstandart. However, employees are unlikely to use non-certified devices.
But are there really no standards for measuring tinting? There is a legal conflict in this area. The regulation prescribes to rely on the technical documentation of the device, in other words, the instructions for it. For example, it may be indicated there that the measurement should be made only at a positive air temperature. And if the driver of a tinted car was stopped in a bitter cold?
It turns out that this is a reason to appeal the protocol in court. But to win the case on such an argument will not work. All because of the current GOST 32565-2013 – it is dedicated to the safety glass of land transport. The document does not contain requirements for the conditions for measuring tinting. Therefore, the traffic police will simply refer to this standard.
– Attempts by drivers to challenge violations when measuring the light transmission of tinting remain unsatisfied, due to the lack of mandatory conditions for the inspection in GOST. That is, it is almost impossible to prove a violation of the verification methodology, even if the driver made a video recording,” explains Stepan Korbut.
Can they remove car numbers for tinting
At one time, traffic police officers had the right to remove state registered signs from tinted cars. However, this sanction is now excluded from the Code of Administrative Offenses. The police can only demand to eliminate the violation on the spot – to remove the film.
– Having canceled the removal of numbers and leaving only penalties, the hands of motorists were simply untied. Tinted cars have begun to appear more and more often on the roads of our country, and glass rolling services do not sit without customers, ”the Healthy Food Near Me expert believes.
However, traffic police inspectors have another tool of influence. He may issue a written warning. It indicates the period of elimination of the malfunction. As a rule, it does not exceed 10 days. The warning is entered into the database of offenses.
If the driver is stopped a second time and the glass is tinted again, then a protocol will also be drawn up against him for disobeying a lawful order or requirement of a police officer (part 1 of article 19.3 of the Code of Administrative Offenses of the Federation). It provides for a punishment of 500-1000 rubles or administrative arrest for up to fifteen days. So spending a couple of days, or even weeks in a special detention center for car tinting is a very real prospect for violators.
From the history of the issue: how fines for tinting were accepted in Our Country
In 2018, rumors about increased fines for excessive tinting intensified. This is due to the numerous legislative initiatives to improve traffic that are under consideration in the State Duma. In the spring of 2018, the situation for many of them moved off the ground. The bill, which raises fines for tinting, is no exception.
The penalty for driving a car with a tint that exceeds the norm specified in the technical regulation is determined by part 3.1 of article 12.5 of the Code of Administrative Offenses of the Federation “Driving a vehicle in the presence of malfunctions or conditions under which the operation of vehicles is prohibited.” The article prohibits drivers from driving a car whose windshield and side windows are covered with a film that transmits less than 75% of the light. The ability of the rear side and rear windows to transmit light is not regulated.
Until 2014, traffic police officers had an effective leverage on violators in the form of removing numbers. However, in September 2014, Part 2 of Article 27.13 of the Code of Administrative Offenses “Prohibition on the operation of a vehicle” became invalid due to changes in legislation. The only, and very conditional, instrument was a fine of 500 rubles.
In response to the imperfection of interim measures in the regional traffic police of the Krasnodar Territory, Tver, Belgorod and a number of other regions, their own practice of dealing with tinting has developed. Inspectors no longer allow cars to participate in traffic, based on the “Basic provisions for the admission of vehicles for operation”, enshrined in the SDA. Excessive tinting is interpreted as making changes to the design of the vehicle.
They do it in different ways. If a violation is detected on the road, the inspector issues an order to stop it. The document defines the deadlines for eliminating the violation. After the expiration of the term, the owner must provide the car with the tint removed for inspection by the traffic police. If the driver refuses to correct the changes, the case of the offense is transferred to the MOTOTRER at the place of the last registration actions, where a decision can be made to cancel the registration. If a violation is discovered during the registration of a car, the inspector may refuse to register and issue the necessary documents.
There are also alternative tactics. Having stopped the car with excessive tinting, the inspector, as in the first case, issues a written request to the owner to eliminate the violation. If, upon re-checking, it turns out that the requirement has not been met, Article 19.3 of the Code of Administrative Offenses of the Federation “Disobedience to the lawful order of a police officer” applies. The punishment may be an administrative fine from 500 to 1000 rubles or administrative arrest for up to 15 days.
In 2015, a member of the State Duma from United Our Country, deputy chairman of the State Duma Committee on State Construction, Vyacheslav Lysakov, proposed increasing the fine for violating tinting standards to 1,5 thousand rubles, and in case of repeated violation, up to 5 thousand. In the original version, as a repeated punishment, the deputy proposed to deprive drivers of their rights.
In May 2016, the bill passed the first reading, already without the clause on deprivation of rights, removed at the request of the Government. It was expected that it would be adopted with amendments before the end of the year, but in fact it was postponed indefinitely. In 2018, the situation took a new turn.
At the end of January, the details of the vehicle inspection reform initiated by the Ministry of Economic Development on behalf of the President of the Federation were made public. In particular, it is planned to supplement the Code of Administrative Offenses with a punishment for “driving a vehicle in respect of which a technical inspection has not been carried out or, during maintenance, a non-compliance of this vehicle with safety requirements has been revealed.” What kind of safety requirements are in question, is still unknown. Now the inspection rules are described in Decree of the Government of the Federation of December 05.12.2011, 1008 N XNUMX. Toning is one of the parameters to be checked.
In April 2018, the State Duma again began considering a bill to increase the fine for excessive tinting. The project was submitted for consideration with amendments, the author of which was Vyacheslav Lysakov. Despite rumors and media reports about a “10-fold increase in fines for tinting,” in the current version of the bill, the proposals for the size of the fine have not changed. This is 1,5 thousand rubles for the first fixation of a violation and 5 thousand rubles in case of a repeated violation within a year.
The bill has many opponents. Their arguments basically boil down to the fact that in a number of southern regions tinting is the only way to create comfortable conditions in a car in the summer. Defenders of the project say that the degree of rear window tinting is not regulated, and no one prevents citizens from creating these conditions.