Penalty for frame curtains on front windows

Why are people fined for car curtains? Lawyer: what kind of curtains and how can they be placed?

After the fight against excessive tinting on car windows began, drivers began to look for workarounds. One of them was the use of autoblinds - pieces of fabric attached to glass or door openings.

As many people believe, since there is no special article about them in the Code of Administrative Offenses of the Russian Federation, it means that frame curtains or mesh are quite acceptable. But traffic police inspectors do not always agree with this practice. Let's figure out what the law says about this, and what to do if you are being picked on because of your car curtains.

○ Question about auto curtains: what, where, when.

First of all, it is necessary to note the following: at the moment when the car is not in use and is parked, the owner has the right to use anything in it - curtains, mirror screens against the sun, blinds, any other device. Problems can only begin when the curtains are used while driving .

The thing is that the traffic rules contain a list of malfunctions and other situations in which driving a car is prohibited. Specifically, curtains apply to clause 7.3, according to which it is unacceptable to drive a car in which objects are installed or coatings are applied that limit visibility from the driver’s seat. And this fully applies to curtains.

However, there are limitations here too:

The installation of curtains or nets in itself (as opposed to tinting) does not violate any transparency - but only until the curtains are closed. That is, if you installed them on your car, but use them only in parking lots (and this, by the way, is a very sensible measure against thieves - there have been cases when the car was opened for the sake of a pack of cigarettes forgotten in the cabin) - no inspector has the right to contact you carp. And it’s a completely different matter if, even on a sunny day, you drive with the curtains drawn.
As follows from the traffic rules, curtains should not limit the view. However, if you install them on the rear doors, then you can drive safely: the glass of these doors does not affect the view of the glass; the driver must use the side mirrors. Moreover, the traffic rules directly allow the use of curtains and blinds in this case, even on the rear window - as long as there is a normal view through the side mirrors, and they would be on each side of the car.

But the use of an opaque curtain or any other darkening device installed on the front windows is no longer acceptable. The issue with transparent meshes remains debatable: on the one hand, in this case they should be considered according to the same rules as tinting (that is, those in which less than 75% of light is transmitted are prohibited). On the other hand, curtains clearly cannot be considered a covering.

○ Current fines for installing curtains.

Now let’s figure out what the culprit faces if he violates the traffic rules regarding car curtains.

Installing curtains where they should not be is considered an offense under Art. 12.5. However, which specific part will be used depends on the specific situation:

Part 1 – if blinds or auto-blinds are used, that is, a separate device mounted on the frame separately from the glass;
Part 3.1 - for grids and other devices that are attached directly to the glass and can be considered as a coating (a kind of tinting).

Oddly enough, the punishment in both cases will be the same: both parts provide for a fine of 500 rubles. However, in the case of Part 1, there is still the possibility of issuing a verbal warning . Usually it is used if the driver is “clean” in terms of violations, and the inspector himself is in a good mood.

In addition to a fine, the culprit may also face confiscation of the curtains themselves , which in this case are an instrument of the offense. This possibility is provided for in Part 1 of Art. 27.10 Code of Administrative Offenses of the Russian Federation.

However, this requires either an official video recording (filming made by the inspector on a personal phone cannot be considered!), or two witnesses signing the protocol.

○ How to replace auto curtains?

What should a driver do who still wants to protect the car interior from the sun, insects - and, finally, just from prying eyes? There are several options here:

You can still use car curtains - but only when parked, and when driving - only on the rear doors and rear window. At the same time, in the closed position, the curtains should not protrude beyond the dimensions of the racks.
Use of transparent meshes. This option is especially relevant for cars that are not equipped with air conditioning: the nets trap insects, flying debris - and, to some extent, dust. However, here you need to ensure that the transparency of such grids is at least 70%.
The use of visors and tinting on the upper part of the windshield is permitted.
Finally, on sunny days, it is better for the driver to use sunglasses than tinting or curtains. In this case, you can choose their transparency yourself according to your taste - they have no right to find fault with you.

○ Lawyer's advice: theory and practice.

What should you do if a traffic police inspector suddenly decides to find fault with the fact that you use car curtains? There are several tips to help you get rid of punishment:

If the curtains or mesh are transparent, ask to take measurements and determine what percentage of light they actually let through. If the inspector does not have the device with him, from a formal point of view he cannot claim that you are violating anything.
In the case of curtains, try to negotiate. We are not talking about a bribe - but about a completely legal opportunity for an inspector to limit himself to a verbal warning.
If stopped, immediately open the curtains. In this case, if your car was not filmed before the stop, it will be more difficult for the inspector to prove that a violation occurred.
If the curtains were folded and did not interfere with the view, but the protocol was still drawn up, immediately file a complaint. You have 10 days to do this from the moment the decision on the case is made.

And finally, the last piece of advice: don’t overuse curtains. One way or another, they can really limit your view - and in this case, the risk of an accident increases many times over.

Published by: Vadim Kalyuzhny , specialist of the TopYurist.RU portal

Fine for curtains on the front windows of a car in 2019

The ideas about the use of car accessories, which include solar protection elements, are far from reality for many motorists. They decorate their car windows with stickers, hang fabric curtains, etc., without worrying at all about ensuring visibility and without fear of getting a fine for curtains or other items. In this article we will figure out whether curtains are allowed on the front and rear windows of a car; what is said about this in the traffic rules; and how a driver can legally protect himself from the sun in a car.

Traffic regulations about curtains on car windows

Along with the traffic rules, another regulatory act was issued indicating the conditions for allowing vehicles to be used. According to paragraph 11 of this act, cars cannot be used if there are any malfunctions or conditions exist under which the operation of such a car would have a negative impact on road safety. Clause 7.3 of the List of such malfunctions and conditions states that driving a car in which the driver’s visibility is obstructed is prohibited.

Visibility may be minimal due to films, tinting, or curtains applied to the windshield (and other glass). The note to this paragraph states that such curtains can be used on the windows of buses for tourists, as well as on the rear windows of cars if there are side mirrors for rear view. The use of car blinds for all other vehicles and other glass while the vehicle is moving is prohibited. But they can be lowered when parked so that the sun does not bake the interior of the car.

Penalty for frame curtains

Manufacturers produce many types of curtains for cars. They can differ in composition (most are made of nylon and elastane), types of fastening (magnetic, clip-on, etc.), level of light transmittance (dark ones transmit light by 5-15%, light ones by 20-25%). The traffic rules do not stipulate what kind of curtains can be placed on the windows of passenger cars, therefore the Administrative Code has not introduced sanctions for a specific type of such accessory, but sanctions can be applied to the driver for their illegal placement. We will tell you below what fine a motorist can be issued for frame curtains and their like.

On the front windows

According to the Technical Regulations, their light transmittance cannot be lower than 70%, and the maximum value for curtains is about 30%. Clause 1 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation states that the driver will receive a warning or a fine of five thousand rubles if his vehicle does not comply with the “Basic Provisions. » and it will detect malfunctions or conditions under which driving is prohibited.

Such definitions undoubtedly include frame and any other types of curtains or nets on the front side windows and windshield. A fine for the nets on the front windows will not be the only measure against the driver - the traffic police inspector will confiscate the accessories without the right to take them back. But he must do this in accordance with paragraph 1 of Article 27.10, that is, in the presence of two witnesses or by recording the entire procedure on a video camera.

On the rear windows

Placing accessories that protect the driver and passengers from the sun on the rear windows will not constitute a violation only in one case - if the car is equipped with exterior mirrors. If this requirement is not met, that is, curtains are installed, and the car is not equipped with exterior mirrors, then an administrative sanction will definitely be applied to the driver. The fine for curtains on car windows will remain the same - 500 rubles. The items themselves will be confiscated, but the traffic police inspector must involve two witnesses for the procedure or record everything on camera. He must also draw up a protocol, sign it and give a copy of the document to the driver.

Is there an alternative?

An alternative to curtains on the front side windows and windshield is offered by traffic regulations. They allow the use of transparent colored film at the top of the glass, as well as tinting, which will fully comply with GOST 5727-88. When parking or stopping for a long time in permitted places, the driver has the right to use any material to protect the car from heating by the sun's rays.

When driving, it is allowed to install blinds or fabric curtains on the rear windows that do not limit visibility and do not protrude beyond the dimensions of the window itself. Transparent meshes can be installed on the front side panels, the light transmission of which is not less than 70%. They will protect the car from sunlight and from dust and insects if the window is open while driving or stopping.

Conclusion

Some car models, especially premium brands, offer built-in sun protection accessories in certain types of trim levels. But these can also be found in the middle segment. For example, the Renault Fluence Expression model included retractable sunshades on the rear windows. But before purchasing such a complete car, each driver must check whether it meets the requirements of Russian legislation regarding the approval of a vehicle for operation.

Fine for curtains on car side windows

When driving and during stops, car owners are faced with the problem of strong heating of the car interior by the sun. It is not comfortable to be in a heated, stuffy interior, and in an empty car the fabric or leather of the upholstery burns out. Fines for tinting have increased, and motorists began to look for alternative options. The most popular alternative has become car curtains, which are installed on door windows.

Can the curtains be used while driving?

Car curtains have become a new product on the Russian market. Most drivers believed that there are no prohibiting regulations for such tuning. In fact, their use is regulated by Art. 12.5 Code of Administrative Offenses of the Russian Federation. Part 3 of the article states that installing any objects on glass that impede full visibility is subject to a fine.

Penalties apply only to those drivers who used the curtains directly while driving. If the car is in a static position, you can close the curtains. In some cases, a fine is replaced with a warning:

Previously, the driver was not fined;
The car owner filed a petition for unlawful imposition of a fine;
By decision of the traffic police officer;
The driver was able to prove to the inspector that the light transmittance of the fabric was above 70%.

Drivers themselves are interested in removing sun blinds when traveling. Most of the motorists who used the accessory become involved in accidents. The reason lies in the narrowed view when driving, the inability to fully assess the situation on the road.

How to replace car curtains?

It was already mentioned above that car curtains have useful properties. If the driver does not want to give up darkening the interior while driving, you can come up with several alternative options:

Choose curtains from a material with an acceptable light transmittance (at least 70% for side windows);
Replacing curtains with frame nets, which are attached with Velcro and can be easily removed when moving.

The use of car blinds made of thick fabric when opened when driving is unacceptable.

What is the fine for curtains?

The amount of the fine in 2019 under Part 3 of Art. 12.5 of the Code of Administrative Offenses of the Russian Federation is 500 rubles. This regulation affects any means that are installed on a car to darken the interior. Thus, using curtains is punishable in the same way as driving with tinted windows.

Can a fine be considered unreasonable?

The justification for imposing a fine largely depends on the surrounding circumstances. The car owner is exempt from punishment if:

Curtains or tinting are located on the rear window; the light transmittance of the material does not matter;
The material of the car curtains is made in accordance with the current GOST and is quite transparent;
Curtains or alternative mesh are removed and do not block the view;
The fine was issued in a parking lot when the car was not moving and the curtains were completely covering the windows.

A separate regulation regulates driving with curtains on minibuses. According to paragraph 3.7 of the traffic rules, the use of auto curtains on minibuses is permissible if they do not obscure the driver’s view. Accessories installed in the cabin cannot be a reason for a fine at all.

An experienced driver can use information from regulations to his advantage. Example: The curtains are 100% blackout, but pulled back enough to not block the side view or rear view mirror.

It is important to understand that the mere fact of having curtains is not a reason for imposing a fine. When removed while driving, the accessory is safe for the driver and other road users. Car owners have the right to install any accessories on the car if they do not interfere with driving in accordance with traffic regulations.

If the curtains were drawn when the inspector stopped, a difficult situation is created. The traffic police officer has no evidence of illegal darkening of the interior; the driver cannot prove that he did not use the curtains while driving. Many motorists prefer not to waste time and pay a fine, because 500 rubles. – a small amount. This negatively affects the driver’s reputation and may lead to an increase in the cost of compulsory insurance in the future.

It is recommended to defend your position. If necessary, such a dispute can be resolved in court.

Everything about curtains on windows: what do traffic regulations say, what is the fine and is it possible to remove them?

Curtains for car windows are a good alternative to illegal tinting. But how legal is it and does it comply with the Rules and other regulations? The answer to this question is not so simple, because it all depends on the type of curtains and a number of other factors. But the fine and corresponding enforcement measures are much more humane.

Curtains on car windows - what do traffic regulations say?

So, to answer this question we need to understand what types of curtains there are. And they come in the following two main types:

frameless (look like curtains on the windows of a house),
frame.

In fact, there are many more types of curtains, but we will consider only these two from the point of view of traffic rules; the remaining types can be classified as frame ones according to their legality.

Since curtains are installed on car windows, we need to look specifically at the list of faults that regulate the technical component of the car and additional components. Specifically, we need clause 7.3 of the List of faults for which the operation of the vehicle is prohibited:

7.3. Additional objects have been installed or coatings have been applied that restrict visibility from the driver's seat.

As you can see, the 2019 traffic regulations prohibit any objects and coatings on the glass, but only if they limit visibility and only from the driver’s seat.

That is, the answer to the question whether curtains on windows are prohibited by traffic regulations depends on whether they somehow limit the driver’s visibility.

frame curtains, when installed on windows, in all cases limit visibility, therefore they are prohibited according to traffic regulations,
frameless curtains are limited only when they are curtained, but if they are assembled, then for 2019 they are allowed.

An important subtlety here is that the prohibition of clause 7.3 applies specifically to the operation of a vehicle, since this clause is from the list of faults and conditions under which it is prohibited to operate the car. And what we mean by exploitation here is management. If the car is parked with curtains, then you will not have to pay a fine.

And, in fact, about the fine.

Important note!

This article provides basic information, but each case is different.
In 92% of all situations there are important nuances that can affect the outcome of the entire case.
An experienced lawyer will study all the materials of the case and indicate in which direction to move.

Therefore, our website employs on-duty legal consultants who delve into each case and are aimed at solving it.

or consult toll-free: 8 (499) 938-43-58 (Moscow), 8 (812) 425-13-31 (St. Petersburg), 8 (800) 350-14-83 (all of Russia).

What is the fine for curtains?

Violations of operating rules are subject to Article 12.5 of the Administrative Code. Specifically, part 1 of this article provides for a fine of 500 rubles or a warning.

It is illegal to apply Part 3.1 of Article 12.5 of the Code of Administrative Offenses for curtains on windows - as for tinting, because it prescribes a fine for glass with film and with light transmittance contrary to the requirements of the Technical Regulations - less than 70%.

But, in addition to the fine, in practice other sanctions are applied. More on this below.

If collected

Please note that we indicated above when curtains are legal according to traffic rules and when they are not. If they are assembled and completely located at the central pillar - and they should be assembled on both the driver and passenger sides - then nothing interferes with visibility. That's why there shouldn't be a fine.

In other cases, a fine for curtains on car windows is legal.

Is there a penalty for curtains at the back?

No. The curtains on the rear side windows do nothing to limit visibility. As for the rear window, the question here is twofold - when looking in the interior rearview mirror, the curtains formally interfere with the view. However, by analogy with tinting, nothing prohibits tinting the rear window at least tightly if there are external side mirrors.

Can they be deprived of their rights?

No. The law does not provide for a deprivation clause for curtains for 2019; there is no such provision in the Code of Administrative Offenses of the Russian Federation.

The closest thing to analogy that can be drawn is the development by legislators of a law providing for a gradual tightening of penalties for repeated driving of an excessively tinted car. But we are talking specifically about tinting - we remind you that curtains are not tinting, and they have different penalties.

But the bill itself on deprivation for tinting is currently in the development stage - its official adoption is still far away.

Can curtains be removed?

Yes. In practice, when issuing a decree with a fine for an item that limits visibility, a traffic police officer can seize the curtains as material evidence. But this is illegal.

According to the Administrative Regulations of the Ministry of Internal Affairs, introduced by Order No. 664, its paragraph 213:

213. The basis for the seizure of things that were instruments of committing or subjects of an administrative offense, and documents that have the value of evidence in a case of an administrative offense, is their discovery at the scene of the commission of the administrative offense.

But the legislation contains a specific list of items possible for seizure, and curtains are not included there. To verify this, just read the following paragraph of the regulations - 214:

214. When administrative offenses provided for in parts 1 and 2 of Article 12.4, parts 3, 4, 5 of Article 12.5 of the Code are detected, lighting devices with red lights or red reflective devices are confiscated, as well as lighting devices, the color of the lights and the operating mode of which are not comply with the requirements of the Basic Provisions.

And for curtains on the windows, Part 1 of Article 12.5 of the Code of Administrative Offenses applies. In fact, the violation is driving a car with curtains. And there is no instrument for committing a violation here. Otherwise, the car itself, in which, for example, the driver exceeded the speed limit, could be confiscated, because logically, in this case, it is also an instrument of the offense!

However, when detected in practice, curtains are often removed. We are not talking about confiscation here, but rather about seizure, and as a result of the latter, the object of the crime must be returned after the end of the administrative case - the issuance of a resolution.

Can they be confiscated?

No. It is illegal to confiscate curtains if the driver is charged under Part 1 of Article 12.5 of the Code.

Confiscation as an administrative measure is applied for certain offenses; their list is clearly stated in the relevant articles of the Code of Administrative Offenses. For example, illegal fishing and hunting tools are subject to confiscation. But the 2019 law does not directly provide for curtains to be taken away irrevocably from the driver within the framework of just a resolution under Part 1 of Art. 12.5 Code of Administrative Offences.

Can they issue a demand for curtains?

No. Requirements and orders to eliminate violations issued by traffic police officers for tinting do not apply to curtains.

Not only are such requirements themselves not provided for by law. In practice, we also do not know of a single case where a traffic police inspector issued a demand for curtains on the windows of a car, and then such a driver would be given administrative arrest (Article 19.3 of the Code of Administrative Offenses for failure to comply with a legal requirement).

How will you be punished for using car blinds?

The increase in fines for excessive tinting of windows has provoked an increased demand for curtains for car windows. They are made of dense fabric that reliably protects the car interior from insects and heat in sunny weather.

In addition, they serve as additional protection against thieves who want to remove the DVR, radio and abandoned items from the car. But not all motorists know that there are penalties for using the device. In our article we will look at the possible fine for curtains.

Sanctions for car curtains

The fashion for curtains appeared relatively recently. According to many drivers, the ban on such protective devices has not yet been prescribed in legislation.

Therefore, they consider penalties for the use of frame curtains and nets to be unlawful, referring to the main principle of justice: what is not prohibited by law is permitted. But in fact, such a statement is far from the truth.

The appendix to the traffic regulations, which contains a list of conditions and malfunctions that do not allow a motorist to drive a car, contains a complete list of such items.

It is specified in clause 7.3 and includes:

Traffic regulations allow the use of curtains on the rear side windows and rear window, if there are external rear-view mirrors on both sides of the car. On the windshield, as well as the front side windows, the light transmission cannot be less than 70%. To ensure that the curtains do not limit the driver’s visibility, their edges should not protrude beyond the central pillars of the car body.

Article 12.5 has been introduced into the Administrative Code, providing for punishment for violation of the above traffic rules requirements. Moreover, in one paragraph of the article, auto curtains and blinds are discussed, and in another, nets attached with Velcro to the glass. The latter option can be equated to a type of car window tinting.

When is it permissible to use auto curtains?

Based on the information presented above, we can give a detailed answer to a common question from car owners: are curtains allowed on the front windows of a car?

The use of curtains on the front windows while driving is permitted only if their light transmittance exceeds 70% and the edges do not protrude beyond the door pillars. Curtains made of thick fabric, which has lower light transmission rates, must be folded while driving.

What sanctions are provided?

Let's consider what administrative fine is provided for opening the curtains on the front windows of a car while driving.

Fines for curtains and nets on the front windows of cars that do not meet the light transmission requirements set out in the traffic rules are issued in accordance with Art. 12.5 Code of Administrative Offenses of the Russian Federation:

If the car was driving with curtains or blinds drawn down, having the ability to transmit light exceeding 70%, then according to Part 1 the driver will face two sanctions: firstly, the traffic police inspector will issue him a verbal warning, and secondly, he will issue an administrative fine in the amount of 500 rubles . Of course, a car enthusiast would like to receive his first punishment. But here everything depends on many factors: the motorist’s impeccable long-term driving and the good mood of the traffic police inspector.
When a mesh is attached to the glass that does not meet GOST standards for light transmission, then only a 500 ruble fine is provided.

Since car curtains or mesh act as an instrument of crime, the inspector has the right to confiscate them. Such actions are provided for in Part 1 of Art. 27.10 Code of Administrative Offences.

But according to the procedure, two witnesses must be present to sign the protocol. The second option is to conduct an official video recording of the seizure. A recording made by a police officer on a personal phone is not considered official.

How to challenge a punishment

Unfair punishments for drivers, unfortunately, are not uncommon. Therefore, there is a procedure for appealing the imposed sanctions.

For example, curtains or nets, according to the car owner, comply with GOST, and the inspector issues a protocol on administrative violation. The motorist should politely ask the police officer to measure the light transmission of the device. His lack of a special device is not a reason to issue a fine based on visual inspection. The driver has the right to film the dialogue on his phone.

If the traffic policeman does draw up a protocol, then the motorist must make a note of his disagreement before signing it. The document should indicate that measurements were not taken, despite its legal requirement. You must take a copy of the protocol.

Within 10 days, but the sooner the better, you must submit a written complaint to the chief of the inspector who issued the punishment. The name of the traffic police department is indicated in the protocol.

How to replace curtains?

For drivers who want to shade the interior of their car, we can advise:

Use curtains on car windows that meet tinting standards. Their ability to transmit light should be less than 70%.
Choose car window nets with transparency above 70%.

On sunny days, you should use sunglasses and a visor while driving, and when parking, close the windows with curtains.

When driving a car, the driver should not put comfort above safety. A thick curtain or mesh attached to the front windows of a car can prevent a motorist from seeing in time a pedestrian crossing the road or another obstacle that creates an emergency situation.

By not abusing these items, the driver will not only avoid a fine, but will not put his or anyone else’s life at risk. Good luck on the roads!