A new penalty on the road - tinting and consequences. Repeated penalty for tinting Punishment for tinted front windows

A new penalty on the road - tinting and consequences. Repeated penalty for tinting Punishment for tinted front windows

21.06.2019

How the bill was submitted for consideration, and the law on tinting came into force, in Russia was followed by a huge number of car owners. Everyone was interested in what kind of changes in the traffic rules the law on tinting will make new amendments, and how this will affect the ability to tune your iron horse. Many also waited for the deputies' decision on whether a tax would be introduced on certain types of car tinting.

Now car tinting is quite a fashionable and practical solution, so many people pinned their hopes on the bill on tinting.

Car tinting according to GOST

However, what is the essence of the problem? Why is this action restricted by the tinting law? Everything is very simple. The fact is that excessive tinting quite often causes accidents on the road. When drivers of vehicles with too dark tint are put into a situation where a traffic accident could theoretically occur, they react to external stimuli at a slower rate.

Excessive tinting does not allow you to see some of the details of the world around you, which distorts the idea of ​​car drivers about the situation on the road and makes them react more slowly.

Therefore, this kind of tuning is regulated by traffic rules, as well as GOST and a special law on tinting automotive glass.


Tinted glass

What car tinting is allowed

As of March 2016, the rules for tinting car windows are as follows:

  1. It is allowed to tint any car glass, but this rule is only valid if the light transmission of the part is at least 75%.
  2. According to the tint law, rear glass vehicle, as well as its rear side windows can be 100% tinted.
  3. According to the tinting law, the car owner has the right to stick a transparent tint film on the top of the car. windshield car for sun protection.
  4. Usage mirror film, according to the law on tinting, is prohibited in any form and form.

Norms of light transmission of car windows

These rules cause whole line questions from car owners. For example, everyone is interested in what maximum width strips of light protection film that can be glued to the top of the windshield.

If it's about passenger car, then the width of the protective strip should not exceed 14 centimeters. However, it should be noted that inspectors always measure the width of this strip in three places (as prescribed in the law on tinting), and then calculate the arithmetic average of the three values.


Light strip on the windshield

Also quite common is the question of whether a driver will fall under sanctions under the tinting law if he covers the windows of his vehicle with a film whose light transmission will be exactly 70%. Unfortunately, most likely it will. This is due to the fact that clean car windows themselves have a certain percentage of light transmission. As a rule, it is from 95 to 97% percent. Accordingly, after coating the glass with a film, the light transmission coefficients of both materials are multiplied and make the coating darker.

So if you don't want to be fined as part of the tinting law violation, always leave a margin of a few percent when you tint your car - this will definitely save you from non-compliance with traffic rules.

It should also be taken into account the fact that most of the devices for measuring light transmission used by law enforcement officers can produce an error, the probability of which increases many times over in the case of misuse. Therefore, traffic police officers, according to the law on tinting, must make at least 3 measurements in different parts of the glass, and then calculate the arithmetic mean.


The tinting law is violated very often

permission to tint

Many car owners are very interested in the issue of obtaining a special permit for tinting a vehicle. You can often see how cars pass through the streets, the tinting of which clearly does not comply with the law. Information about such violators is immediately entered into the appropriate information base.

However special permission for arbitrary tinting of the car can still be issued and received. Many car owners would even agree to pay a special tax, just to get such a license, but it's still useless.

According to the tinting law, only employees of various public services who, during their work, may require a vehicle with precisely such characteristics. However, for a civilian to obtain such permission is an impossible task.

It is also worth noting that a car can get permission for unlimited window tinting. special purpose, but not the most ordinary passenger car.


The percentage of light transmission of the film for tinting

Sanctions for incorrect vehicle tinting

In 2016, amendments to the technical regulations on the safety of wheeled vehicles were adopted and entered into force. Vehicle and traffic rules, which, in particular, affected several points related to tinting. Including:

  • for using tinting with reduced light transmission, too wide a protective strip on the windshield, as well as mirror tinting, the driver will have to pay a fine of 500 Russian rubles. This is also provided for by part 3 of article 12 of the Code of Administrative Offenses;
  • for the use of a tinting film with too low light transmission, for the presence of an excessively wide, as well as for the repeated use of mirror tinting, law enforcement officers had the right to remove numbers from any passenger vehicle. Yes, they “had” it, since the law on tinting provided for such a punishment in the period from July 1, 2012 to November 15, 2014. Subsequently, this change was completely abolished, and the tinting law became the same as before.

It should also be noted that, according to the glass tinting law, a fine for traffic violation and standards for light transmission, the width of the strip on the upper part of the glass, as well as the presence of a mirror film on the glass in any situation will be exactly 500 rubles. This amount does not depend on the severity of the violation: for those who exceeded the norm by 1%, and for those who - by 50%, the punishment will be identical.


Violation of the law is punishable by a fine

You don’t have to worry about the removal of numbers and the prohibition of the operation of a particular vehicle in connection with a violation of the law on tinting - they completely stopped using it two years ago.

FAQ

Drivers who have already been charged with violating the law on tinting cars are trying to invent new ways out of this situation. As a result, many are interested in questions such as:

  • Will it be considered that I violated the law on tinting and traffic rules if I remove the film immediately after the law enforcement officers stopped me? Unfortunately, it will. This is due to the fact that penalties are imposed for the fact that the driver drove the vehicle with increased level reflective glass. Thus, if you tear off the film immediately after the arrest, the fact that you were driving an illegally tinted car will still remain reliable.

Violation of the rules of car tinting
  • Are more serious penalties possible if the film is removed from the windows immediately after the law enforcement officers issue a fine. If you remove the illegal film from the windows, the cause of the offense will be automatically eliminated, and therefore the traffic police will not have any questions or claims for you, not to mention the likelihood of seizing vehicle numbers. However, if you ignore the requirement to remove excessive tint, you may experience serious problems in future.
  • Can it help removable toning car windows? Theoretically, maybe. However, it will not save you from a fine if law enforcement officers record its presence on the windows of your vehicle. However, if you manage to quickly remove it and return it to the glass registration plates, then the inspector simply will not be able to present anything to you due to the complete lack of evidence and will conclude that the law allowing tinting has not been violated.
  • Is it possible to appeal the decision of the traffic police if I am sure that I did not violate the rules? Of course you can. And quite often there are situations when the owner of the vehicle wins the case. Such appeals shall be made exclusively in judicial order, and therefore it is advisable for you to start collecting evidence for your defense right at the place of your detention.

Today, tinted front windows can be seen on most cars. More often, of course, on foreign cars, but also on domestic ones. Traffic police officers are trying to deal with this problem, but to cover all offenders on this moment does not seem possible.

Drivers defend their point of view to the last, assuring the traffic police that they have the right to do so. After all, darkening the windows prevents the sun's rays from entering the interior of the car. This makes it easier to travel, even over long distances. The norms of the legislation of the Russian Federation very clearly explain the fact that the tinting of the front windows is unacceptable. Only fines and severe restrictions will help to deal with this problem.

Penalty for tinting from January 1, 2016 - new amendments to the law

IN State Duma Amendments will be made to the law on the prohibition of window tinting on cars. So, new law states that the fine should be increased to 5 thousand rubles, and also, there will no longer be a clause on drivers being deprived of their rights for a repeated violation. new normal the law states that it is necessary to increase the monetary penalty, raising the amount to 1,500 rubles, compared with the previous 500 rubles.

Front window tinting

Russian legislation will introduce such a thing as repeated violations of glass tinting. Then the driver can be brought to more serious liability for a repeated violation, within 1 year.

If the traffic police stop the driver for darkening the windows, which does not comply with the law, then he will pay a fine of 1,500 rubles. If within one year it is stopped again, the penalty will be 5,000 rubles. In extreme cases, deprivation is possible driving license up to 3 months. In case of repeated violation of rights, only the court can deprive, which means that the driver will be sent to the judiciary. Side front windows must transmit at least 70% of the light.

Windshield tinting - fine

When considering the issue of imposing a fine, it is worth considering the fact that tinting itself is not prohibited as such. The light-transmitting ability of the glass is set to comply with road safety. In accordance with legal requirements, the windshield must transmit at least 75% of the light. On the top of the windshield, an upper dark stripe is acceptable if the width does not exceed 14 centimeters from the edge.

Tinted taillights - traffic police fine

Toning rear lights is a fashionable type of tuning. Drivers thus try to stand out from total mass. The color can be in harmony with the car, or it can be bright and make the car stand out from other cars.

It is believed that this procedure is prohibited, but it is worth considering all the nuances. If the permissible light transmission is not violated, then the traffic police will not present a fine. But if the headlights are heavily dimmed, then an administrative penalty of 500 rubles can be imposed, and under the new law, 1,500 rubles.

How much will the fine for window tinting in 2016 cost?

If you offer the inspector who stopped you to remove the tint on the spot, but you can avoid punishment. After all, earlier they could get rooms for this. So, if it is not possible to do this on the spot, a written warning is drawn up, which indicates that within 10 days the driver must eliminate the cause. If this does not happen, the punishment varies in the amount of 1000 - 1500 rubles. In certain cases, the driver can be arrested for 15 days.

Is it possible to remove the tint on the spot without a fine?

Many drivers understand that constant fines will ruin them. Therefore, they suggest removing the tinting on the spot, if possible. In this case, the penalty can be avoided.

What threatens the offense and how to appeal it?

It is possible to avoid subsequent problems by inviting the traffic police officer to remove the tint. Also, if the driver is well versed in the law, then here's what you can refer to:

  • In order to issue you a ticket, the highway patrol must determine the degree of blackout. And this is done not by eye, but using special devices on the spot;
  • Verification must be done at the post.

You can also file a complaint if the windows were not clean and dry. You may request a recheck in such a case.

Penalties for tinting in Russia

According to the statistics provided annually by the traffic police, the number of violations is growing every year. Yes, only for Last year 770,000 fines were registered, which is almost a double increase compared to last year. Moscow and the Moscow region are the leaders of offenses. So, in Moscow there was an increase of 67%.

Is disqualification possible?

In connection with the new amendments made to the law on the prohibition of dimming glasses, deprivation of rights is carried out only in the judiciary. Most often, the driver can solve the problem by paying 5,000 rubles for the violation.

How to avoid a fine for tinting?

These problems can only be avoided if violations by the road patrols are registered. You can challenge the actions of employees, then you will evade responsibility.

Is it legal to install xenon headlights in a car?

Tightly tinted windows in many cases turn into a real disaster for the participants traffic. They do not allow a good view of the road through the cars in front, even in the bright light of the front or rear headlights, make it difficult to see at any time of the year (be it March, November, June, July, April or August) and prevent the traffic police from seeing what is happening in the car .

Therefore, in 2016, the State Duma significantly toughened the punishment for tinting. The relevant bills were considered in the first reading by deputies already in 2015. What is the danger for offenders?

Penalty for tinting 2016 new law, latest news

On January 1, 2016, new fines for tinting and vehicle inspection rules came into force. They have grown significantly compared to previous years.

In addition to the main fine provided for by the legislation of the Russian Federation, additional penalties may now be applied to the driver.

At the moment, if he did not remove the tint after he was caught for the first time, he would have to pay another fine of 5 thousand rubles. or will be disqualified for three months.

If the penalties provided for by law were not paid by the violator, Russian laws he must be re-punished:

  • the amount collected is twice the amount of the unpaid fine;
  • arrest for up to 15 days;
  • correctional labor for up to 50 hours.

Recently, despite the restrictions on glass tinting, Russian roads there are more tinted cars. The number of violations issued for wrong tinting also increased: for 6 months in 2014, 424 thousand protocols were issued, while for the same period in 2015 - already 778 thousand. Since the beginning of 2016 in Russian legislation concerning road transport, there have been several changes. One of the most resonant is the change in the fine for tinting. According to the amendments that were made to the Code of Administrative Offenses, for violations regarding the inconsistency in the transmittance of tinted windows (windshield and front side windows), a fine is provided:

  • for the first violation during the calendar year - 1500 rubles (previously - 500 rubles). Violation is recorded in accordance with Article 12.5 of Part 3.1 of the Code of Administrative Offenses;
  • for the second case recorded in the last 12 months - 5,000 rubles or deprivation of a driver's license.
Checking the light transmission of glass tinting by an inspector

It must be recalled that permissible value Window dimming is 75% for the windshield and 70% or more for the front side windows. The tightening of the rules and the introduction of a repeated fine are associated with the too small amount of administrative punishment that existed before 2016.

Law enforcement officials insist that the introduction of large fines will help reduce the number of accidents on the roads of Russia. Exactly dark toning V dark time days worsens visibility and is one of the causes of accidents.

In addition, the paragraph on the responsibility of those who are directly involved in tinting cars was removed from the Code of Administrative Offenses. As a rule, it is impossible to identify them in practice, so the norm does not work. It was also previously adopted, in which employees of the state traffic inspectorate are prohibited from removing number violators from cars for excessively tinted front windows. This point is logical, since after the traffic police gave permission to make duplicate car numbers, such an administrative measure became useless.

What to do if you have been stopped for the second time in a year

If you have already been fined for violating car tinting in the current calendar year, you need to be careful. For the second such administrative violation that will occur within the next 12 months, according to the traffic rules and the Code of Administrative Offenses, traffic police officers can punish you not only with a fine of 5,000 rubles.


Pulling rubber with payment is highly undesirable

A repeated violation threatens the driver with more serious liability - deprivation of a driver's license for a period of 1 to 3 calendar months.

The protocol, which will be issued by the traffic police officer, will indicate the deadline for paying the fine (according to Administrative Code, it is 60 days from the date of its entry into force). If the penalty was not paid within this period, the violation is considered under another article (20.25 of the Code of Administrative Offenses). According to it, the following penalties are provided for the violator:

  1. Doubling the penalties (the amount must be at least 1000 rubles).
  2. Correctional labor (up to 50 hours).
  3. Administrative arrest (up to 15 days).

In addition to the protocol, which prescribes a fine for tinting a car, the highway patrol can issue you an order containing a requirement to eliminate the violation of the law (remove the tinting). The order usually has a specific time limit. If after this period the driver has not removed the cause of the offense, he may already be held administratively liable in accordance with Article 19.3 of the Code of Administrative Offenses Russian Federation, which tells, in particular, about disobedience to police officers. In this case, the perpetrator will have to pay an additional fine of 500-1000 rubles (according to Article 19.3 of the Code of Administrative Offenses), or he will be taken into custody for up to 15 days in connection with a court decision.


Receipt for the first offense of window tinting

As for the possibility of deprivation of rights due to repeated neglect of the norms of the law, such a decision can only be made by an authorized Judicial authority. It is the court that will determine whether the violator should pay money or lose his driver's license. Practice shows that court decisions are usually made in favor of the driver paying a fine (if he is brought to responsibility again for the first time). When the crime of the norms of the law happened a second time, and the violator again ended up in court, or on his account - bringing to administrative responsibility, the court may decide in favor of deprivation of a driver's license.

The violator should keep in mind that after the expiration of the period of deprivation of rights, in order to renew his documents, he will have to:

  • pass the theoretical part of the exam in the traffic police;
  • provide a certificate of the ability to drive a car due to the absence of contraindications.

Correct toning

The struggle of the officials excessive toning does not mean at all that glasses cannot be darkened at all. The dimming film itself is a permitted element, and on a car, a variety that transmits more than 75% of the light (consider the throughput of the windows themselves - it rarely reaches 100%) will not be a reason for penalties. To avoid a penalty, you should know what type of tinting is allowed, and how its throughput should be measured:


Permissible norms of transparency of car glass tinting in percent
  • rear or rear side glass you can darken - what penetrating power they should have, you decide. The only exception is a mirror-type film, which is completely prohibited by law;
  • a strip 14 cm wide can be glued onto the windshield, but it throughput must be at least 75%;
  • when imposing a penalty without checking with a taumeter or with a procedure carried out in unsuitable conditions ( low temperature, high humidity) and place (the procedure is considered performed correctly only at a specially equipped post) you have the right to appeal the decision of the traffic police without paying financial penalties.

Remember that the selection of an excessively dark film will not only contribute to the imposition of financial penalties by the traffic police, but can also cause poor visibility. Today, when considering cases of an accident, a dark film acts as an aggravating circumstance for the driver.

Car tinting... It can be treated differently, depending on the application and generally accepted norms of use. Let's try to sort everything possible options, not so much in significance, but in terms of associative pictures and images that are present in our lives.
First, what comes to mind is practicality. Tinting significantly inhibits the ingress of sunlight into the interior of the car, thereby saving the interior upholstery from fading and overheating. It saves energy for cooling the passenger compartment when the air conditioner is turned on, especially if the car has previously been parked in the sun.

Secondly, it changes the car visually. Dark glasses do not shine through, the body becomes more "holistic". Some people like it and some don't, but tinting changes the car visually, that's for sure.
Thirdly, tinting can become a sign of "coolness" for some when it is pasted on the windshield and on the front side windows. This fact is treated with contempt by most. Unfortunately, we still cannot get rid of such "cool" ones in our realities. How far progress would not have stepped and how many billions of dollars would not have been invested in the education system, which, among other things, is engaged in the education of such ... Nevertheless, there is also a law that is in force and sometimes even executed. It is about the fine for tinting, when using it not according to generally accepted rules and norms, that we will describe in our article.

Regulatory documents for the use of tinting on a car

The tinting standard, or rather GOST 5727-88, was developed already in the distant 88 of the last century, and adopted for execution in 1990. (Instead, GOST 32565-2013 was released, but it has not yet been registered in the SDA, July 2015). According to it, the light transmission of glasses providing visibility for the driver must be at least:

75% - for windshields;
70% - for glasses that are not windshields, included in the regulatory field of view, in fact, for the front side windows.

The light transmission of other non-windshields is not standardized. In addition, tinted and tinted windshields must not distort the correct perception of white, yellow, red, green and blue flowers.
A darkened or opaque strip with a width of not more than 14 cm from the upper edge of the windshield is allowed on the windshield.
In fact, GOST does not appear in the article of the Code of Administrative Offenses (for tinting), but characteristics are borrowed from it in (018/2011), Appendix No. 8. Such data on tinting, or rather on light transmission, is in paragraph

4.3. Light transmission windshield and windows through which forward visibility for the driver is provided should be at least 70%.
This requirement does not apply to rear windows vehicles of category M1, provided that the vehicle is equipped with outside rear-view mirrors that meet the requirements of this annex.
In the upper part of the windshield, it is allowed to have a light-protective strip made in the glass mass, or to mount a light-protective strip of a transparent colored film: on vehicles of categories M1, M2 and N1, as well as L6 and L7 (with a body closed type) - not more than 140 mm wide ...

4.5. It is not allowed to use glass, the coating of which creates a mirror effect.

Precisely according to this regulation today and will judge the possibility of operating the vehicle, mainly. However, we will still remember about GOST ... That is, in fact we have two documents, these are GOST and "Technical Regulations of the Customs Union "On the Safety of Wheeled Vehicles"".
In what case and according to what document they will be punished, we will try to figure it out in the next paragraph.

What article regulates the fine for tinting and what it will be

Let's say right away that if our humanities "composing" laws, and sitting in the highest government, would deal with the exact sciences, then they, perhaps, would not achieve great success. And we would have clearly felt it for ourselves ... At least, it definitely didn’t come to processor technology, and you would hardly have read our article ...

Let's see what happens!? So, there is article 12.5 of the Code of Administrative Offenses of the Russian Federation and part 3.1 which says:

Note: Here we mean "Technical Regulations on the Safety of Wheeled Vehicles", but in fact it has now been replaced by "Technical Regulations Customs Union...", which we mentioned above. In this case, the fine will be 500 rubles.

But what if the windshield is tinted with light transmission between 75 and 70 percent!? There will be a violation of GOST, but there will be no violation technical regulation. This means, in fact, a violation of the "Basic provisions for the admission of the vehicle ...", more precisely clause 7.3 (List of malfunctions and conditions under which the operation of the vehicle is prohibited). In this case, there will be again article 12.5 of the Code of Administrative Offenses of the Russian Federation, but part 1, not 3.1.

That is, if we have conditions or malfunctions under which it is forbidden to operate the vehicle, then this will result in a warning or a minimum fine. Let's try to find these malfunctions related to tinting in the list of "List of malfunctions and conditions under which the operation of vehicles is prohibited". Let's turn to paragraph 7.3.

It turns out a somewhat abstract situation. If you violated the requirements of the "Technical Regulations ...", then the fine will be 500 rubles (Article 12.5 of the Code of Administrative Offenses of the Russian Federation, part 3.1), but if you violated the requirements of clause 7.3 (Basic provisions for the admission of the vehicle ...), then this is a warning or a fine will amount to 500 rubles, but already in part (Article 12.5 of the Code of Administrative Offenses of the Russian Federation, part 1).
However, that's not all. Indeed, in the event of a violation of Article 12.5 of the Code of Administrative Offenses of the Russian Federation, part 1, many may think that 27.13 of the Code of Administrative Offenses of the Russian Federation (detention of the vehicle) can be applied to them.

Detention of the vehicle for tinting (tinting film)

So the vehicle can be detained on the basis of 27.13 of the Code of Administrative Offenses of the Russian Federation. Is it so?

As you noticed, Article 27.13 of the Code of Administrative Offenses of the Russian Federation mentions Part 2, which is used for Article 12.5 of the Code of Administrative Offenses of the Russian Federation. And we have a violation under part 1 or 3.1 of the same article. That is, simply put, the detention of the vehicle is unacceptable. The traffic police do not have the right to blackmail the driver with the fact that the car can be taken to the impound.

How to check the light transmission of glass (tinting)

You noticed that we have already started from the fact that the light transmission of the glasses has already been established. If this is the case, then it is possible to draw a conclusion about bringing to administrative responsibility or refusing to do so in relation to the driver. In fact, installing the light transmission of glass (tinting) is not so simple. The volume on this topic is quite significant, and we would not want to "sculpt" everything in one heap. In this connection, a separate article will be devoted to this topic, to which a link from this paragraph will appear. Here is this one.

Is it possible to avoid a fine for tinting

This question is complex, so it will be woven from the "notes" of the law and from your personal communication with the traffic police inspector. Let's say right away that if a fine is issued under Article 12.5, Part 3.1 of the Code of Administrative Offenses of the Russian Federation, which is most likely, then a fine cannot be avoided. Since this part simply does not provide a warning. If you manage to persuade the inspector that this offense can be interpreted under Part 1 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation as a violation of the "Basic Provisions ...", then here we can already refer to the alternative of a warning. Part 1 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation provides for such a rule.

Is it possible to pay a fine for tinting at a 50 percent discount?

Question - answer on the topic "Penalty for tinting on a car"

Q: What is the penalty for tinting the windshield and/or front side windows?
Answer: If this is a tinting with light transmission in the range from 75 percent to 70, then here, according to the norms of the law, a violation of clause 7.3 (Basic provisions for the admission of the vehicle) will be considered. The fine will be 500 rubles (12.5, part 1 of the Code of Administrative Offenses of the Russian Federation). If the light transmission is less than 70 percent, then this violation can be qualified as a violation of those regulations, that is, a fine of 500 rubles (12.5, part 3.1 of the Code of Administrative Offenses of the Russian Federation).

Video about fine for tinting



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