From January 1, 2018, the penalty imposed for excessively dark tinting car glass, will be tightened. The law, which is being especially actively discussed in driving circles today, will bring with it a whole wave of changes. We should talk about them in more detail.

Rules and regulations

The permissible value of the light transmittance of glass, corresponding to the established GOST, is indicated in the Code of Administrative Offenses. The new law of 2018 will oblige all tinting lovers to carefully monitor the level of darkness on their cars. Thus, the luminous transmittance for front glass should not exceed the 75% mark, and for side windows - the 70% mark. In this case, it is necessary that a special protective film did not distort the colors passing through it. The darkening tape that is placed on the windshield cannot be wider than 24 centimeters, which is also stated by the current Russian legislation. And here rear window You are allowed to design it at your own discretion.

Important! It is categorically not recommended to ignore the planned innovations, because they will be adopted by representatives of the traffic police throughout Russia.

The fines that adherents of “masking” received previously will only be increased starting from the new year, and will also be reinforced by the risk of losing the ability to drive a vehicle. Each case will be resolved privately by employees of the State Traffic Inspectorate. The violator will be offered 2 ways out of the situation:

1. Voluntary removal of film from glass right on the spot.
2. Forced unscrewing of license plates in case of refusal of the first option.

Fines

The law on tinting provides for a significant increase in fines. Starting from 2018, the amount of the sanction will no longer be 500 rubles, as it was before, but 1,500 rubles. Those who come across the inspector for the first time will have to pay that much. If the driver ignores the requirement to increase the light transmission rate and is caught with a similar violation again, he will face a more serious fine - 5,000 rubles. Maximum amount similar meetings with representatives road services– 12. The unfortunate driver who is caught excessively darkening the windows 13 times will receive administrative or criminal punishment, and possibly even lose his license.

What explains this exponential growth in amounts? main reason lies in the fact that previously established monetary sanctions did not have the desired impact on the population. Motorists did not take the punishment seriously, as evidenced by almost 50,000 offenses related to darkening vehicles and committed throughout the country in just one year.

Important! Deputies are still arguing about what to do with citizens who refuse to pay fines. Some insist that in such cases the driver’s licenses should simply be confiscated, while others suggest not to act so radically.

The latter explain their position by the fact that the provisions on tinting, which will come into force on January 1, 2018, will already force many Russians to think twice and abandon the dark protective tape in advance without any additional pressure.

Opinion of society and authorities

The drivers themselves were outraged by the planned innovations. They are confident that window tinting does not affect road safety at all, and its absence, on the contrary, can provoke many unfavorable situations. In this they agree with dissatisfied citizens independent experts. The authorities come out with the exact opposite opinion: according to the deputies, the steps taken will make it possible to discipline automotive community and reduce the number of collisions and even casualties. The officials were not even embarrassed by the fact that tinting has a number of objective positive advantages:

1. Robbers rarely steal cars that have not been inspected in advance, and it is almost impossible to do this where there is a special tape.
2. The film allows the owner of the vehicle to save money on gasoline in the summer because thanks to it the interior warms up less and, therefore, does not require long-term cooling.
3. A tinted windshield prevents the driver from being dazzled by the headlights of another vehicle or by the sun's rays.

The part of the population interested in this issue believes that the most the best option there would be a reduction in light transmittance by about 10-20%. Then motorists would have the opportunity to tint their cars a little stronger, and the authorities would have an effective lever in their hands to control the situation on the roads. However, today there is no news about this particular aspect related to the topic of tinting. But we already know how you can prepare your own vehicle for the 2018 meeting.

To avoid fines

A driver who does not want to be caught committing an offense should not forget about his rights. Experienced car enthusiasts recommend:

• Make sure that the tint is measured only with a special device called a “taumeter”. It is important to consider here that the instrument must have an intact seal and certificate. If these conditions are not met, the citizen can simply leave the inspector.

• Do not measure light transmittance when air humidity exceeds 45%. If there is dampness around, the vehicle must be moved to a dry place, for example, to a well-heated garage.
• IN controversial situation insist on inviting witnesses and using the taumeter 3 times in different parts of the glass, as dictated by the regulations.
• Be aware of the fact that some devices do not work at temperatures below 10 degrees Celsius. In case of violation temperature regime the result obtained by the traffic police officer may be disputed.

Important! The most important rule is that a State Traffic Inspectorate employee cannot check the light transmission coefficient anywhere other than a stationary post.

Every citizen has every right to refuse the offer to proceed to the place where the tint is measured. An inspector can forcibly deliver a person to him only if he is detained, which cannot be done without compelling reasons.

Video on tightening penalties:

In this article you will learn the theoretical component of the legality of the prescription for tinting for 2017. Yes, this means that in practice, with regulations for tinting, everything will be a little different, and traffic police officers, like judges, have “their own” law. However, just as ignorance of the law does not exempt you from responsibility, knowledge of the law will still help you defend your rights if you have been issued a warning for tinted windows, and, perhaps, not be arrested administratively. However, despite the illegality of the order for tinting, drivers of tinted cars do not stop being arrested and they continue to issue demands to stop such a violation as car tinting (which is not a violation at all, but more on that below).

In any case, this article about the prescription for tinting, we hope, will significantly increase our legal literacy and will allow us to correctly demand legal actions from employees.

What is a tinting order and why is it worse than a fine?

So, what is a tint order or (which is essentially the same thing) a “cessation order”? Police officers, according to article 13 The Federal Law “On Police” gives the right to demand the termination of APN (administrative offense) from citizens. This means that if an inspector sees you beating someone on the street, he has every right to demand that you stop beating him or her. Does the same apply to tinting? No. And that's why!

According to the Technical Regulations of the Customs Union " About the safety of wheeled vehicles"It is prohibited to tint the front "hemisphere" with a light transmittance below 70%. This means that if a traffic police officer's device shows the light transmittance of the windshield and front side windows below 70% (this means that the windows transmit less than 70% of the light beam through themselves), then you are entitled to fine of 500 rubles, according to Part 3.1 Article 12.5 Code of Administrative Offences.

There is an important point - sometimes traffic police inspectors issue a fine under Part 1 of the same article - the fine here is exactly the same. Especially when they do not have a device with them to measure light transmittance, but it is obvious that the car windows are excessively tinted. It is illegal. The point here is that Part 3.1 provides for punishment specifically for tinting and requires mandatory measurements. But part 1 is for objects and coverings that limit visibility from the driver’s seat. It would seem that this first part of the article is also applicable here, but it was not so! The fact is that part 3.1 is a more specific provision of the law and implies punishment specifically for tinting. Therefore, part 1 cannot be used here. If we talk about practice, it is enough to film the process of issuing a resolution and the absence of measuring light transmittance in order to cancel the resolution in a legal way.

But let's return to the prescription for tinting and find out what's wrong with it!

Why is a tint ticket illegal?

Let's move on to the theoretical part again. As mentioned above, police officers (which are traffic police inspectors) have the right to demand the cessation of the offense. But there is one problem with this law. Tinting as such is not prohibited. It is not even forbidden to tightly board all the windows with plywood with zero light transmittance. It is prohibited to drive a car with tinted windows in the front. Equally, Part 3.1 of Article 12.5 of the Code provides for responsibility specifically for management.

You probably already see the illogicality of issuing a prescription for tinting.

But let's go further and describe the standard situation of being charged for tinting. You are driving along the road, an inspector stops you and issues a fine (as we now know, only after measuring light transmittance, of course) for excessively tinted windows. Everything is according to the law - the inspector saw that you were driving a car and found out that you violated the provisions of the Technical Regulations. There is a fine for this.

But here is a demand to stop the offense... The traffic police inspector has already stopped you - traffic has stopped, control has stopped. This means that the violation has stopped. How can you demand to stop an offense that has already been stopped?! No way!

There is a minus to this nuance of the law. Since the violation of driving a tinted car has been stopped, as soon as you start driving after issuing a fine, a new violation will be formed - driving has been resumed. This means that the inspector can move 5 meters ahead of the car and stop you again and issue another fine. And so on ad infinitum. This is such a hole in the law! There are no days for elimination, no movement to the place of elimination as of today, 2017 (or try to prove the opposite in the comments).

Another argument in favor of the illegality of the order is that any procedural administrative procedures and the procedure for issuing written acts are enshrined in legal acts. In simple words, if the inspector wants to write something out in writing, then there must be a form, instructions, or the procedure for writing it out. For removal from control, the procedure for the removal protocol is prescribed, for inspection - the inspection protocol, for sending for an examination for intoxication - special act. In the case of an order, no such act or protocol can be drawn up. Moreover, such a thing as a prescription does not exist in the Code of Administrative Offences, which regulates various kinds of requirements in the field traffic.

Why can you be arrested for failing to comply with a tint order?

The traffic police officers themselves like to call among themselves the basis for issuing the order as a “loophole” in the law. The bottom line is that the Code of Administrative Offenses has Article 19.3, Part 1 of which provides for punishment for disobedience legal requirement to a police officer. But what a punishment this is!.. A fine of 500 rubles or... administrative arrest for up to 15 days.

The scheme is simple: an inspector stops you, issues a fine for tinting and an order requiring you to eliminate the offense (we remember that tinting is not prohibited and again we are surprised at the absurdity, right?) within 5-20 days. The order for tinting is also entered into the traffic police database. Thus, the next time, when stopped even by another inspector and the period specified in the order has passed, the inspector sends the case (and in some cases takes the driver there immediately) to court, where the judge orders arrest for a couple of days.

Arrests for prescriptions in practice

And now the most offensive part. Despite the illegality and even absurdity of the order for tinting, in practice judges give one or two jail sentences. All authorities are imprisoned. This practice has become especially frequent, according to data current as of November 24, 2017, in the Ivanovo region, Tatarstan, Saratov, Sverdlovsk (Ekaterinburg), Kaluga regions, Bashkiria and other regions.

I received a prescription for tinting - what should I do?

There is only one answer: the safest thing you can do to avoid ending up behind bars is to lose your temper.

It is not possible to appeal the orders - there is no such rule allowing this, because the order is not a punishment, it is only a pseudo-legal requirement to stop the violation. And there is nothing to complain about here.

Appealing a subsequent administrative arrest for failure to comply with an order is also a practically futile task. As mentioned above, judges have an unambiguous attitude towards such orders and do not satisfy the complaints.

What if you tinted it and tinted it again?

It would be logical to assume that, in essence, the requirement in the regulation can be fulfilled if the car is tinted and then tinted again. Well, the logic here is simple - the inspector actually demanded that the car be detonated, and we detonated it. So there is a work order from the car service about removing the film. They just toned it back later.

Unfortunately, just as the logic of the order itself does not apply, since it is impossible to stop an offense that has already been stopped, such a detonation/tinting procedure will not lead to anything positive.

They issued a claim for my car, but for another driver - will there be problems?

Should not be. But, again, in theory. Since the order itself is illegal, it can be issued both to the driver and “to the car” - more precisely, to anyone driving this car.

But in practice, orders are usually issued to a specific driver, and it is the driver who is entered into the database. But judge for yourself, if there is at least some logic in the requirement as such, then in the case of different drivers, it is completely illogical to apply sanctions in the form of arrest or cancellation of car registration in the event of one driver’s failure to comply with a requirement issued for a completely different driver.

Therefore, the maximum risk for you if a requirement is issued to another driver is the same fine of 500 rubles and a new requirement against you.

Came into force in 2015 new law about tinting, which sets new standards for glazing ground transport in Russia. We will talk about what kind of tinting is allowed in Russia today, as well as what fines drivers face for non-compliance with the requirements of the new GOST - we will talk about this in our article. Vehicle window tinting is given Special attention in the Rules road safety. Came into force in January 2015 new GOST 32565-2013, which regulates the procedure for glazing ground vehicles located on the territory Russian Federation. Please note that according to the new rules, for violation of glass tinting requirements car plate numbers are not removed, and if a traffic police inspector makes a claim for non-compliance with the new GOST, the driver has the right to eliminate the identified violation immediately on the spot.

Tinting in Russia: changes 2015

In accordance with the new legislation, in technical regulations the concept of “safety glass with a polymer coating” is introduced, that is, the presence of tinting on the glass vehicle recognized at the state level. According to the new GOST on tinting, vehicle windows can be tinted with factory tinting or polymer coatings (clause 4.2 of GOST 32565-2013). The new Rosstandart explains what level of light transmittance car windows must correspond to, namely:

• for windshields and side front windows that provide driver visibility, the light transmittance must be at least 70% (according to the old regulations - 75%);
• for other glasses, the level of light transmittance is still not limited by special requirements.

Another change made to the new GOST affected the size of the strip of the upper part windshield, which can have any light transmittance. Now the width of the permissible strip can be up to 14 cm. Accordingly, if a traffic police inspector makes a claim to the driver regarding the non-compliance with the level of light transmittance of a strip up to 140 mm wide on the windshield, his actions are illegal and the protocol on an administrative violation with a fine can be safely appealed. The new legislation introduces such a concept as “heat-energy-saving glass” (clause 3.4), which allows the use of glass in a car (including windshield glass and front side glass) covered with a polymer tint film that protects against high climatic temperatures. It is also worth noting that the legislator in the new GOST does not define the concept of “mirror tinting”, including who and how should check the degree of specularity, while in the previous legislative document mirror tinting of car windows was completely prohibited. The absence of this recognition may cause certain controversial issues among the traffic police officers, namely, the inspector may well recognize the glass as mirrored, simply by seeing his reflection in it, and acting in accordance with Part 7.3 of Chapter 7 of the Government of the Russian Federation of October 23, 1993 No. 1090.

New fines for tinting in 2016

A new bill on excessive tinting of car windows was approved by the State Duma of the Russian Federation on September 14, 2015, and its entry into force is expected at the beginning of 2016. In accordance with the new law, in Russia the primary fine for illegal tinting of windows is increased to 1,500 rubles. Repeated violation of the law on tinting will entail a fine of 5,000 rubles (in the previous version, license plates were removed for the first violation; for a repeated violation, deprivation of driver's license for a period of 3 months or a fine of 500 rubles). Registration period repeated fine for tinting is 12 months from the date of establishment of the first violation.

Car tinting in practice

It is worth noting that there is no legal tinting of vehicle glass as such, that is, tinting is performed directly by the drivers themselves. As a rule, factory car glass absorbs about 20% of light; dusty glass can reach 30%. Therefore, experts recommend that before sticking even the weakest tint film on windshields and side windows, be sure to measure the level of light transmittance of the glass surface. Please note that the law allows the use of full tinting of the rear window, but only if there are rear view mirrors on both sides of the car.

How and by whom the degree of tinting of car glass is measured

The degree of glass tinting, in accordance with the new law of 2015, can be measured by technical supervision officers and traffic police inspectors who have a special rank. They also have the right to initiate cases and make decisions on administrative offenses(Part 1 of Article 28.3, Article 26.8 and Clause 6 of Part 2 of Article 23.3 of the Code of Administrative Offenses of the Russian Federation). Let us recall that previously, on the basis of Order of the Ministry of Internal Affairs No. 1240, control and measurement of the degree of light transmittance of automobile glass had to be carried out in compliance with the following conditions:

• only at a stationary traffic police post;
• only by a traffic police technical inspection inspector (if there is an appropriate mark);
• only when used special means technical diagnostics, sealed, having a certificate of conformity and a mark with the date of the last verification of the measuring device (clause 14.3.11).

However, on January 27, 2015, Order of the Ministry of Internal Affairs No. 1123 of December 22, 2014 “On invalidating the regulatory legal acts of the Ministry of Internal Affairs of Russia and certain instructions of the regulatory legal acts of the Ministry of Internal Affairs of Russia” came into force, in accordance with which Order of the Ministry of Internal Affairs No. 1240 of December 7, 2000 of the year “On approval of normative legal acts regulating the activities of the state road safety inspection of the Ministry of Internal Affairs of the Russian Federation for technical supervision» is declared invalid. Consequently, today traffic police officers can measure the light transmission of car glass anywhere. The degree of glass tinting is measured on a dry and clean glass surface. There should be no foreign films on the measuring instruments; if the instrument reading is found to be inaccurate, the driver has the right to demand re-measurement in the presence of two witnesses. IN in this case Article 28.5 of the Code of Administrative Offenses of the Russian Federation may apply on the unlawfulness of a long delay of a car; accordingly, if the traffic police inspector cannot quickly find two witnesses, he is obliged to release the driver without drawing up a protocol on the offense and a fine for tinting. The procedure for measuring the degree of light transmittance car glass quite simple. Most often, the Blik device is used for this, which connects to the cigarette lighter and gives correct readings at a voltage of 12 V. The measuring device is not used in conditions of high humidity (rain or fog), the operating temperature range of the device is from -10 to +40 0C.

Important! The glass is measured at three different points; the indicator will be considered the arithmetic average derived from the three readings of the device.

Any disagreements with the traffic police officer are noted by the car owner directly in the protocol to further defend their legal interests.

Fine for tinting 2015

In accordance with the new law on tinting, in 2015 the punishment for this violation entails an administrative fine in the amount of 500 rubles, provided for in Part 3.1 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation, introduced by Federal Law of July 23, 2010 N 175-FZ. The driver has the right to correct the identified violation of window tinting on the spot in the presence of a traffic police inspector, and thereby avoid penalties.

Important! In accordance with the new legislation, in case of violation of the degree of tinting of car windows, state registration plates the car is not removed!

In cases where a traffic police officer has discovered the presence of a tint film on the windshield and front side windows that does not meet the established light transmission standards, a written warning is drawn up with a mandatory indication of the deadline for eliminating the cause of the violation (within 10 days) and a fine of 500 rubles is issued. In the future, if the driver has not removed the tint within this period, the traffic police acts in accordance with Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation - a report is drawn up on the driver with a fine of 1000 rubles, administrative arrest for 15 days or 50 hours of mandatory work .

Important! The imposition of a repeated fine or the imposition of a punishment in the form of arrest in relation to a driver who has violated the rules of tinting and the requirements of the Code of Administrative Responsibility can only be carried out in court.

Car window tinting is a very popular thing among Russian motorists. Tinting entails fines, but this does not confuse drivers, especially since the fine for tinting in 2016 did not undergo significant changes and the amounts of payments remained small. A pleasant innovation for drivers is also the fact that starting this year, traffic police inspectors no longer have the right to remove license plates from a car just because it has tinted windows.

What fines for tinting exist in 2017?

Currently, the fine for tinting car windows is 500 rubles. This amount is regulated by the Code of Administrative Offences, Art. 12.5, part 3.1 and does not change depending on the degree of tinting, type of tinted glass, etc.

Acceptable glass tinting standards today

The law does not prohibit tinting car windows in principle. However, drivers should adhere to the established standards in order to understand how to avoid a fine for tinting. According to GOST 32565-2013 Tinting is allowed for the following objects:

• rear window and rear side windows the car can be tinted with a film of any density;
• the windshield can be tinted only in the upper part with a film, the width of which should be no more than 14 cm;
• A fine for tinting front windows will not be imposed if they are tinted with a transparent film with a light transmittance of at least 70%.

Drivers who want to tint the windows of their car should also remember that the glass itself does not have absolute light transmittance. That is, by gluing an additional tint film, even more or less transparent, the driver already significantly reduces the percentage of light transmission. During the inspection, the traffic police officer will determine the fact of the offense and impose a fine for tinting.

In order to protect yourself as much as possible, the driver must independently check the light transmittance of the windows of his car before applying the tint film. Based on the data obtained, you can select the optimal film that will protect the driver from sunlight, but will not incur penalties.

What is allowed?

Before discussing what fine for tinting is in force now and how it will change in the near future, it is necessary to recall that the law still allows:

• Any tinting of the rear window of a car.
• Any tinting of rear side windows.
• The sun strip on the upper edge of the windshield (its width for passenger cars should not exceed 14 cm).
• Tinting of windshield and front side windows, if their final light transmittance does not exceed 70 percent.

Important: a mistake many car enthusiasts make is applying a 70% tint film. The fact is that the light transmittance of standard car windows is not initially 100 percent. It is slightly lower and ranges from 80 to 95 percent. Thus, when installing a 70% film, the light transmittance is still slightly lower established by law minimum. And in this case, a fine for tinting cannot be avoided.

Has anything changed this year?

What fines apply for tinting in 2017?

First of all, drivers should not worry too much about their wallets - the expected November 2016 changes to the Code of Administrative Offenses did not happen.

This year, the fine for tinting front and windshields remained at the same level - 500 rubles. Amendments regarding license plates (they are now not removed from the car if the driver corrected the violation on the spot), adopted in November 2014, also remain in force. Let us remind you that last year’s changes are due to the fact that any car owner can order duplicate registration plates from the traffic police. And the penalty in the form of deprivation of license plates was considered ineffective.

Another innovation in 2016 concerned repeated violations. If the owner of the car cannot, due to any circumstances, remove the tint on the spot, then he is given 24 hours to do this from the moment the protocol is drawn up. But if he does not do this, and he is stopped again by traffic police officers, then the driver is charged with failure to comply with the requirements of a police officer. Which entails the following types of punishment:

• A fine of 1000 rubles.
• Compulsory work for a period of 50 hours.
• Administrative arrest for up to 15 days.

Examples of imposing penalties for window tinting

The fine for tinting has not been changed since September 1, 2015, although active conversations about this continue to this day. The State Duma is still considering a proposal to introduce new fines according to an increasing scheme, up to and including depriving the driver of the right to drive a vehicle. For clarity, the following example can be given:

1st violation – a fine of 1,500 rubles;

2nd violation – a fine of 5,000 rubles;

3rd violation – deprivation driver's license for a period from 2 months to six months.

According to State Duma deputies, such a significant increase in new fines for tinting will significantly reduce the number of offenders under this part of the law.

Judicial practice applied to drivers for tinting car windows

Today, a traffic police inspector who has identified a violation in the form of unauthorized tinting of windows in a car has the right to issue a fine to the driver and oblige him to eliminate the cause of the offense. 10 days are given to correct defects. If in allotted time the owner of the vehicle has not removed the tint, he is subject to a second fine of 1,000 rubles (Administrative Code Art. 20.25, part 1). In addition, a protocol is drawn up against the driver for an administrative violation, which implies arrest for a period of 15 days or execution of fines within 50 hours in accordance with the Code of Administrative Offences, Art. 28.3, part 1, art. 26.8, Art. 23.3, part 2, clause 6. If a precedent is identified, the driver will be fined again only in court.

What changes are expected in 2017?

The most justified fear of tinting motorists remains the possibility of the introduction of a new law, which was discussed above.

According to experts, excessively tinted car windows play almost a key role in accidents. And a 500-ruble fine is unable to stop those who like to darken their windows - according to such drivers, it’s easier for them to just give the money and drive with tinting until new meeting with DPS.

Another amendment will concern Administrative Code RF. Article 12.5 will be added to his article new item, which for the first time ever history of traffic rules introduces the concept of repeated violations of the light transmittance of automobile glass. Simply put, a repeated protocol will cost the driver a pretty penny. If he is stopped and it turns out that the car owner already has a fine for tinting from the traffic police, but the film was never removed from the windows, then he will have to pay 5,000 rubles. And this is still the minimum punishment. There is also a more “steep” option – deprivation of a driver’s license for a period of one to three months. The court will decide which of these measures to apply in each specific case. However arbitrage practice tells us that the first time a repeat violation occurs, the case will most likely end in a fine. But with repeated protocols, you can say goodbye to your rights.

However, in this moment The State Duma postponed the final adoption of the bill providing for a threefold increase in penalties indefinitely.

Please note: the statute of limitations during which you can be charged for a repeat violation is 12 months. That is, if more than a year has passed since the last fine for tinting your car too heavily, you cannot be charged with malicious violation of the requirements of a traffic police officer. In this situation, the fine will be the same – 1,500 rubles (starting from 2016).

What you shouldn't forget

I would like to draw the attention of motorists to a few more points related to how much they will have to pay in the form of a fine for tinting, depending on the circumstances.

1. Removable tinting (a darkening layer on the glass installed from inside the car) will not help you avoid punishment. If the traffic police inspector records its presence on the car, you will have to pay the same fine as for the film: 500 rubles now and probably 1,500 rubles next year.
2. If the design of the car is such that the rear window is also responsible for the driver’s view (for example, the car does not have side mirrors), it also cannot be tinted.
3. There are categories of cars that have been issued permission to tint windows in any range. This is a special transport security forces, cash-in-transit vehicles, cars used for transporting diplomats, etc. An ordinary motorist will not be able to obtain such a permit legally.