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Section 32 of the Road Vehicles (Construction and Use) Regulations have been
amended to include "Window Tint Films" where such materials attached to the
glass are capable of reducing the Visible Light Transmission of forward windows
to below prescribed levels (70% VLT for windows forward of the 'B' pillar)
This will effectively ban the practice in future of applying virtually all
tinted films to windows forward to the 'B' pillar on any vehicle that is to be
driven on UK roads.
The reason for these changes is the recent proliferation of vehicles that are
excessively tinted. Some vehicles may be so heavily tinted that they present a
real danger when used on public roads. The action being taken by the government
follows a fatality that occurred recently where a heavily tinted car was
involved in a collision with a motorcycle and the window tints were held to
blame due to the vision of the driver being impaired.
There is however, a recognized difference between "light window tints" which may
be considered safe for road use and "excessively dark window tints" which are
not.
There has also been a great deal of debate in recent years about the legitimacy
of window tints that do not obscure the vision of the driver. A clear case has
been argued that road safety window tints do not actually conflict with the
existing regulations. The Department for Transport have argued however, that
section 32 was always intended to cover materials attached to the glass, despite
the fact that no mention is made in the Regulation itself. The only solution
remaining would be to amend the legislation.
Consequently and in order to clarify the situation, the Government have finally
decided to up-date the Regulations to specially include Tinted Films since, in
the view of the Police and the Department for Transport, this is the only way in
which the problems of excessive tints can be remedied.
Unfortunately however, even tint films that may be considered to be safe for
road use till now be viewed as in conflict with Regulations, enabling the Police
and Vehicle Inspectorate to take action against vehicle owners.
This has significant implications for the owners of vehicles that have window
tints and also those that are responsible for installing or selling window
tints.
Implications for the installer and motor retailer
From 1st January 2004, any Motor retailer that sells a vehicle that has window
tint films applied which reduce the visible light transmission level to below
the prescribed levels forward of the 'B' pillar is committing an offence and
runs the risk of prosecution under section 75 of the 1988 Road Traffic Act with
reference to Section 41 (which refers to Construction and Use Regulations)
In a similar way, anyone responsible for the fitment of window tints which
reduce visible light transmission levels to below prescribed levels on windows
forward of the 'B' pillar is committing an offence and can be prosecuted under
Section 76 of the Road Traffic Act.
Implications for the vehicle owner
After much discussion, a sympathetic policy has been agreed between the
Department for Transport and the Glass and Glazing Federation to ensure that all
vehicle owners that have had tints applied in the past may be dealt with fairly.
This applies in particular where the infringement is with respect to tints that
do not pose a significant threat to Road Safety, despite being in convention
with the amendment regulations.
As of January 2004, the owner of a vehicle that has tints applied forward of the
'B' pillar is liable to be challenged by either the Police of by an Inspector
from the Department for Transport's Vehicle Inspectorate, where their vehicle is
notices being driven on public roads.
Where such a vehicle is stopped and the window tints applied are such that the
visible light transmission level, when measured using an appropriate device,
falls to below prescribed levels, the following enforcement guidelines have been
agreed with and recommended by the Government.
Above 30% Visible Light Transmission (Less severe window tints)
The driver or owner of such a vehicle will be required to have the tinted film
removed from the window under the direction of a rectification notice or a
prohibition notice. A period of grace will apply for a limited number of days
(normally ten) during which time the vehicle may be driven whilst the
rectification work is to be completed. In either case, the vehicle will need to
be inspected by a Police Officer or Vehicle Inspectorate Office to confirm that
the glass has been restored to a compliant condition. Prosecution is unlikely in
such circumstances provided the vehicle owner complies fully.
Below 30% Visible Light Transmission (Excessively dark window tints)
The driver or owner of such a vehicle may be issued with an immediate
Prohibition Notice and immediately prevented from driving the vehicle on public
roads until the tints have been removed and either a Police Officer or Vehicle
Inspectorate Office confirms that the glass has been restored to a compliant
condition. It is also possible depending on the severity of the offence, that
the owner may be prosecuted for driving a vehicle in a non-roadworthy or even
dangerous condition with the potential for penalty points and a fine.
Driving such a vehicle on public roads before the tints have been removed and
before a Prohibition notice has been lifted will be a serious offence and the
owner or driver is likely to be prosecuted.
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