In the spring of 2015, information about the tightening was made public, which even indicated that in certain cases drivers would be deprived of their rights. However, recently some of the requirements in it have been revised, so today it is worth discussing new law about tinting from January 1, 2016.
The State Duma RF has recently adopted new bill regarding window tinting, which has been reviewed since July 2015. There were no obstacles to its immediate signing, however, the authorities decided not to hurry with this issue and think it over well, as a result of which the citizens of the Russian Federation from the beginning of 2016 will be liable for unauthorized tinting of the front windows of the vehicle. Initially, they worked on the issue of amendments, but when the Duma received a proposal from the leader of the “automobile” party, Vyacheslav Lysakov, in which he put forward a proposal to increase the amount of the fine for violating the requirements of this issue three times, the government agreed to its terms.
IN modern time a driver of a vehicle who violated the requirements for light transmission automotive glass, must pay 500 rubles to the state treasury, however new penalty for tinting 2016 provides for doubling or tripling 500 rubles, provided that the situation repeats itself. Thus, the size of the fine will immediately increase to 1,500 rubles, which, in fact, cannot be called a small amount.
For those who want to look “fashionable and stylish” and do not worry about the amount of fines associated with excessive dimming of windows, the authorities also “took care”, because now this law the driver can once every 12 months, if the violation is repeated, then the fine increases to 5,000 rubles. If for some reason a person refuses to pay (sometimes by a court decision), the driver can be deprived of a document that gives permission to drive a car for a period of one to three months. It is worth saying that during the initial litigation for violating the requirements of the new law on tinting 2016, the driver is unlikely to be deprived of his rights, however, with repeated neglect of the rules, such punishment will definitely not be avoided.
Public opinion"
The proposal of the leader of the automobile party received different public opinions. Some of the drivers agreed with such requirements, calling them quite acceptable for themselves, and someone began to collect signatures to soften the requirements of the bill, hoping in this way to change the decision of the authorities. Currently, every motorist has the right to tint windows so that the side and front panels provide 70% light transmission, and the wind panels provide 75%, but activists propose changing the numbers to 40% and 60%. Moreover, people who collect signatures in favor of changing the requirements say that tinting is not just a “stylish thing”, but a necessity, because darkened glass surface"Performs" several very important functions:
- ensures the safety of things that are in the car (intruders most often open those vehicles in which the presence of personal items can be seen with the naked eye);
- reduces the amount of fuel consumed (to ensure the program for the operation of the climate control program in the vehicle in summer time a sufficiently large amount of fuel is consumed, while a dark surface can reduce it).
All changes to the law on tinting in 2016, put forward by activists, are defended by Viktor Travin, who claims that he does not see any need for tougher liability conditions for owners of tinted cars. He confirms his opinion with the words that there are no statistics that allegedly indicate that owners of tinted cars (especially the windshield) are more likely to get into traffic accidents. IN emergencies people get in regardless of whether the windows and the vehicle are tinted or not, and the authorities who think differently just want to fill the budget at the expense of car owners.
Purpose of innovation
Vyacheslav Lysakov, who amended the bill, explained in detail the purpose of his innovations, using statistics. Practice has shown that for last year the number of violations related to the dimming of auto glass has increased several times, and this is due to the fact that the owners Vehicle they are not very afraid of fines in the amount of 500 rubles (this is exactly what happened with the ban on driving with the state numbers, and if to speak quite accurately, then with its abolition). The increased fine for tinting from January 1, 2016, which today is 1,500 (or 5,000) rubles, is also a good preventive measure, but the risk of temporarily losing the right to drive a car in the event of a repeated violation can be considered a more aggressive punishment.
About 50,000 people today “ignore” the rules for tinting car windows, while most of the violators live in the vicinity of the Russian capital and the Krasnodar Territory. Such a large number of violations recorded by traffic control officers became the reason for amending the law, because the existing measures had practically no effect on the citizens of the Russian Federation, that is, they were ineffective.
Thus, the question of whether tinting will be allowed in 2016 can be considered completely closed, but experts naturally doubt that the government will accept the conditions of the activists. The law takes effect at the beginning of the year, so all car owners should prepare for this event in advance.
Will there be a tax?
Relatively recently, the media (mostly web resources) began to discuss allegedly unanimously the law on “permission of tinting” (quotes in this situation play not only the role of designating the name of the bill, but also indicate that this simply cannot be ). It is reported that the authorities plan to introduce a tax on tinting in 2016, which will enable every car owner to pay a certain fee to the cashier, get a ticket and drive a car without fear of any fine. Moreover, the media reports that one hearing regarding this innovation has already been held, and the date of the second will be set closer to the end of the year.
Naturally, a person who deals with reading bills or simply drives a car for a long time will easily guess that the members of the government could not approve such an “absurd” bill for the simple reason that it contradicts the rules established by them. However, the bulk of people still need official confirmation that such a law simply cannot exist, and there can be no talk of any taxes, let alone “riding on coupons”. It is quite easy to verify the correctness of this information, for this you just need to search the Internet for a source of information that says about taxes and tinting. Naturally, it will not be possible to find it due to the fact that this information is fictitious. No innovations other than increased fines and possible deprivation driving license in the law on tinting for 2016 is not provided.
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 windows that are not windshields, included in the standard 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%. 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 gossip 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 tint 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
Every domestic motorist thought about darkening the windows of his four-wheeled friend. Tinting really gives extra comfort and allows you to hide the interior from prying eyes. However, improper tinting can cause problems with the traffic police. How to avoid a fine for tinting car windows, we will consider in this article.
Car tinting requirements
First of all, it is worth recalling that from January 1, 2015 in the territory Russian Federation GOST 32565-2013 began to operate, regulating the light transmission of car windows. The main requirements of this GOST, which must be taken into account when selecting a tint film:
- The light transmission of the windshield (windshield) must be at least 70%.
- The light transmission of the front side windows must be at least 70%.
- Light transmission rear window in the presence of side exterior mirrors is not standardized.
- Light transmission side rear windows in the presence of side exterior mirrors is not standardized.
In addition, according to Appendix No. 5 of the Technical Regulations on tinting, it is allowed to mount a colored transparent strip no more than 140 mm wide of any light transmission in the upper part of the windshield.
It should be noted that absolutely transparent automotive glass is not even on new car. Therefore, before selecting a film, it is best to make all the necessary measurements of the light transmission of glasses. On used cars Windshield can absorb up to thirty percent of the light - do not forget about this when choosing a tint. That is why most Russian car owners do not tint the windshield and front side windows.
Requirements normative documents you need to know for a competent answer to the question of how to avoid a fine for tinting in 2016. Such knowledge will certainly be required for fruitful communication with the traffic police inspector.
How to avoid punishment for tinting
Ways to get away from an administrative fine for wrong tinting few, but they exist. Perhaps the most common violation today is the execution by the traffic police of a protocol or resolution without the use of a special device for determining light transmission. IN such a case the degree of darkening of the glasses is determined by the inspector visually, based on his own feelings.
In most of these cases, the alleged violation is filed under the general article 12.5.1, which is wrong from a legal point of view and may be subject to appeal. The fact is that this article is used to impose a fine for any technical violation of the Annex to the SDA, namely for tinting there is another one - Art. 12.5.3.1.
A video recording of the entire process of completing the protocol can provide significant assistance, and the question of how to avoid punishment for tinting will undoubtedly be resolved in favor of the car owner.
Another option is the insistent but correct requirement to follow the proper rules for measuring tint with a device for determining the light transmission of glasses. It should be remembered that there is a special document of the Ministry of Internal Affairs number 1240 that regulates this process. It states in particular that:
- Checking the tinting can only be carried out at a stationary traffic police post.
- Measurement actions can only be carried out by an employee of technical supervision.
- Measuring instruments must be registered in the State Register, have a certificate of conformity and a note in the passport about the last verification.
- Measurements are made on a dry and clean glass surface.
Therefore, as in the first case, it makes sense to film the entire process of measuring the light transmission of glasses. In addition, one should pay Special attention details.
So, for example, you need to know that measurements are usually made at three points, the device must be sealed, and the sensors must be free of foreign films.
What to do if you get stopped for the wrong tint
Despite the relatively small amount of an administrative penalty of five hundred rubles, such a problem as avoiding a fine for tinting remains relevant for many motorists. Especially in cases with practical measurements of the light transmission of glass by traffic inspectors.
It is worth noting that in similar situations need to behave accordingly. First of all, you need to check the availability of valid documents for the device that will be used for measurements. If the testimony is in doubt, there is nothing shameful in suggesting that the traffic police officer take repeated measurements.
The nuance is that another examination requires the presence of two witnesses and the inspector may not be able to quickly find them, and he does not have the right to detain the driver for a long time. Perhaps in this case the issue will be resolved by a verbal warning.
Perhaps the most in a simple way is self-deletion improper tinting at the oral suggestion of a traffic police officer directly at the stop. Usually, after that, all claims against the driver are removed, and a violation protocol is not issued.
In some Russian regions, there is a different practice. If an incorrect tinting is found, the traffic police issue an order to the driver to eliminate it and issue a fine of five hundred rubles. If the tinting is not removed and the fine is not paid, upon re-detection, the violator faces an administrative penalty in the amount of one thousand rubles.
Thus, each domestic motorist decides for himself the question of how to avoid a fine for tinting, taking into account personal preferences and financial condition. It should be noted that the Russian authorities fought with tinting, and will fight with all accessible ways. According to available information, a significant increase in the fine to 1,500 rubles for incorrect tinting may occur as early as July 2016.
Video: How much will fines for tinting increase in 2016
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 lights, make it difficult to review at any time of the year (be it March, November, June, July, April or August) and prevent 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.
