How long does it take to remove tint?
The validity period of the requirement for tinting has been clarified - 10 days
In 2019, in addition to a fine for excessively tinted car windows, inspectors may issue a “ demand to eliminate the cause of the violation ” – the tinting itself. This is not entirely legal, but it has been practiced for a long time and there is practically no chance for the driver. But legislators have now decided to set a new deadline for the implementation of this regulation.
What is the claim deadline today?
So, a requirement or, as it is also called, an “ instruction ” is an instruction to remove the tint as a condition that entails an administrative offense. At the same time, the driver is given a certain period to comply with this requirement.
But if previously it could range from an immediate obligation to six months, then under the new law this period can be officially fixed.
For 2019, the most common time given to remove film is:
- the requirement to remove the tint right now - without any deadline, and if you do not do this before continuing to drive as a driver, you will go as a passenger - to prison under Part 1 of Article 19.3 of the Code of Administrative Offenses,
- 10 days - this period is given according to the entry into force of the resolution with the fine for the film, which was issued to you when stopped along with the order,
- 30 days is simply the rounded date of one month,
- 60 days is the period for paying a fine, it is also practiced,
- 3 months is the limitation period for prosecution; that is, if you have not been charged for a violation within 3 months, then you can no longer legally do so.
In general cases, it is the last point - 3 months - that seems most reasonable, since, indeed, the statute of limitations for bringing the driver to punishment has expired. True, the debate continues that driving with tint is still a continuing offense, and for such cases the statute of limitations does not apply.
Meanwhile, we have already written that the very requirement to remove the tint is illegal. And then none of the specified periods can be officially legal - after all, how can you legitimize any period related to a formally non-existent administrative procedure?!
What is this new law?
But legislators decided to go even further and came up with an approved deadline for fulfilling the order to remove the film from the windows.
We are talking about a new draft law No. 823765-7, which adds a new part 7 to Article 28.2 of the Code of Administrative Offenses, which is responsible for recording offenses, which establishes the deadline for fulfilling the requirement imposed along with the fine under Part 3.1 of Article 12.5 of the Code.
Thus, the deadline for removing the tint will be valid until the day the resolution comes into force.
- the new requirement period will be 10 days if you have not appealed the fine under Article 12.5,
- and this period is extended in the event of an appeal before the decision of the district court, which by law takes effect immediately after rendering.
That is, if you are challenging a fine for tinted windows, you will have until the court date to remove the film from the windows.
The official interpretation of the new term looks like this:
7. An individual or a legal representative of a legal entity against whom a case has been initiated for an administrative offense provided for in Part 3.1 of Article 12.5 of this Code may be issued a requirement to cease illegal actions in accordance with Article 13 of the Federal Law “On the Police”.
A copy of the request to stop illegal actions is handed over against receipt along with a copy of the protocol on the administrative offense. The requirement is subject to implementation before the date of entry into force of the resolution in the case of an administrative offense committed by an individual or a legal representative of a legal entity.
Prescription for tinting in 2020
Good afternoon, dear reader.
This article will discuss tinting car windows, as well as the legality of the requirement to remove the tint film, which in practice can be imposed by traffic police officers in 2020.
Let me remind you that fines for tinting were discussed in a separate article. The fine for this violation is minimal (500 rubles), so it does not stop many drivers.
To combat violators, traffic police officers came up with a cunning scheme, as a result of which the driver could receive an administrative arrest. Let's take a closer look at it.
Is it legal to claim tinting in 2019?
An order to remove tinting is an additional document that is issued to the driver along with a decision to impose an administrative fine.
At the same time, the requirement states that the driver must remove the tint film within a certain period (usually 10 days). Otherwise, the violator will be subject to additional administrative liability. Moreover, the punishment provided is quite serious - up to arrest for up to 15 days.
I first heard about such a scheme from readers of pddmaster.ru several years ago. Moreover, it was not clear on what basis the traffic police officers demanded that the driver remove the tint. In this regard, doubts arose about the legality of their demands.
However, in practice, the document is more cunning than it seemed at first.
Request to terminate an administrative offense
In preparing this article, I studied several options for requirements that are issued by traffic police officers. I suggest you look at one of the examples:
Let's take a closer look at the document below:
1. Please note that the traffic police in the text of the order does not require removing the tint film as such. It demands that the administrative offense be stopped .
In this case, the driver can stop the offense in several ways:
- Removing the tint film is the most obvious option.
- Stop driving (do not use the vehicle).
- Sell a car, etc.
2. This requirement is completely legal. Article 13 of the Federal Law “On Police”:
Article 13. Police rights
1. To perform their duties, the police are granted the following rights:
1) demand from citizens and officials the cessation of illegal actions , as well as actions that impede the legitimate activities of state and municipal bodies, deputies of legislative (representative) bodies of state power, deputies of representative bodies of municipalities, members of election commissions, referendum commissions, as well as the activities of public associations;
So everything is within the limits of the law.
3. Liability for violation of this requirement is provided for in Part 1 of Article 19.3 of the Code of Administrative Offenses:
1. Disobedience to a lawful order or demand of a police officer, a military man or an employee of a body or institution of the penal system or an employee of the National Guard of the Russian Federation in connection with the performance of their duties to protect public order and ensure public safety, as well as obstruction of their performance of official duties -
shall entail the imposition of an administrative fine in the amount of five hundred to one thousand rubles or administrative arrest for a term of up to fifteen days .
Thus, if the driver ignores the requirement and continues to drive a car whose glass does not comply with the current regulations, then the next time he is stopped by the traffic police, in addition to a fine for tinting in the amount of 500 rubles, he will receive an additional punishment. The amount of the punishment will be chosen by the judge.
If there are mitigating circumstances, the driver will receive a fine of 500 - 1000 rubles . Otherwise, administrative arrest may be imposed for up to 15 days .
In practice, there are drivers who are willing to constantly pay fines for tinting, just so as not to remove the treasured film from the front windows. It is for them that the requirement to stop the offense is intended. It’s unlikely that anyone would want to serve 15 days behind bars.
What happens if you remove the tint and then re-glue it?
Drivers often try to find loopholes in the legislation. Therefore, the question arises whether it is possible to remove the tint, drive without it for a while, and then put it back.
In this case this makes no sense , since the traffic police does not require removing the tint, but rather stopping illegal actions.
How long does the tint requirement last in 2020?
The validity period of the requirement to terminate the offense is indicated in the text of the document itself. Usually it is 10 days . If this period passes and the driver is caught again driving the same car with tinting, he will be punished accordingly.
Appealing an order in court
As practice shows, in the case of repeated driving of a tinted car, the courts side with the traffic police officers. Those. drivers receive an additional fine or arrest. So you shouldn’t expect that the decision can be easily appealed.
On the other hand, courts do not impose punishment if procedural documents are drawn up with violations. So carefully study the available documents. If there are any errors there (for example, the driver is required to remove the tint at the scene of the offense), then it makes sense to go to court with a complaint.
What to do if you receive a prescription for tinting?
In this case, the most reasonable solution would be to remove the film from the front windows of the car and bring it into compliance with the current technical regulations of the Customs Union “On the safety of wheeled vehicles.” After this, you don't have to worry about additional punishments.
What to do if you receive a request to remove tint
Safety rules established for driving on the road stipulate what measures can be applied to motorists who use tinting on their cars. Car owners often try to tint their windows. The purpose of such an action is various factors, in particular, someone does not want other road users to see what is happening in the cabin, someone protects the upholstery of the seats in this way. They may also be guided by the desire to give the car a respectable appearance. The requirement for tinting is contained in legal regulations.
How should car windows be decorated?
The legislative framework provides for a requirement for auto tinting. Such an act will be issued by a traffic cop. The requirements for tinting in a car are specified in GOST, developed under the number designation 32565-2013. This act is valid in 2018; earlier other provisions could have been applied.
The current law states that the following requirements are established:
- Glass must have a certain light transmittance. This applies to the front and rear side windows and windshield. The value is set to 70 percent.
- If there are two rear view mirrors, then light transmittance is not standardized. The main condition is that the driver is provided with a view of the rear view.
The legislator allows a tint strip on the top of the windshield. This strip is fourteen centimeters wide. The police may apply detention for those who violate the established norms.
Prescription: what is it?
The order for tinting, if considered in the actual sense of the word, is interpreted by the Supreme Court and other law enforcers as a requirement consisting in stopping the commission of an illegal act. The State Traffic Inspectorate, like other police departments, has the duty to demand the cessation of offenses of an administrative nature. Similar requirements are expressed in relation to an individual or legal entity.
The implementation of the stated rule is that an inspector, having seen someone illegally committing any action, must contact and demand that such activity be stopped. This sample cannot be used with tinting.
The technical regulations of the Customs Union stipulate that the tinting of the car hemisphere located at the front should not have a light transmittance lower than 70 percent. When traffic police inspectors check a car for the specified parameter with a special test and it shows a lower level, a fine will be applied to the driver. In this case, the resolution will be drawn up under Article 12.5 of the Administrative Code.
Currently, violation is punishable by a fine of 500 rubles. It is worth paying attention to the fact that it is illegal to sign the act in question in the case when the inspector “by eye” determined that the tinting of the car deviates from the established norm. In practice, the order can be appealed by filing an appeal to the court.
Speaking about what to do if you have been issued a prescription for tinting, you should pay attention to the following:
- the actions of the traffic police officer complied with the law;
- if violations occur, go to court and appeal;
- If everything is according to the law, the tint will be removed.
If we consider individual parts of the above norm, we can say that part three is represented by general provisions providing for punitive measures specifically for the fact that the car will be tinted. When an inspection is carried out in violation of the law, it is necessary to film the process. A photo will not work in this case. If the court finds that the police violated the rights of a citizen, the decision will be canceled.
When answering the question of how long the prescription for tinting is currently in effect, you need to refer to the current provisions of the law. The notice form will be issued to the motorist immediately after he has committed a violation of the legal provisions. It is mandatory to eliminate the violation reflected in the specified act. You can cancel the order by appealing or removing the tint.
Solutions for the owner of a tinted car
Speaking about whether it is legal to impose tinting orders on a car owner, we can easily answer in the affirmative. This act has a separate expression. No extract is made from it. It is issued after the inspector has drawn up a protocol documenting information about the commission of an offense. The action is implemented in accordance with the provisions reflected in Article 12.5 of the Administrative Code.
The legislator sets the period within which the order must be executed. The period of time will last, as a rule, ten days. If on the eleventh day the violation has not been eliminated and the inspector checks the car again, the provisions of Articles 19.3 or 19.5 of the administrative law may be applied to the violator. To get rid of the tinting film is required in a special company; after the procedure is completed, the owner of the car is issued a corresponding certificate.
Also speaking about how much the requirement for tinting applies, it is worth pointing out that traffic police officers, after stopping a car with a tinting violation, cannot independently tear off the film, since the violation is corrected by the car owner. The owner of the car has the authority to tear off the film at the place where his employee stops, but in this case the decision to impose a fine will not be canceled and it will not be possible to avoid responsibility.
Only half of the fine amount will be stored for the first twenty days after the violation, that is, you can pay it at a discount. If you do not make payments for a long time, then in addition to the fine itself you will have to pay accrued penalties. The resolution will usually be written by hand. There are many such cases in practice.
During verification activities, the police officer is guided by:
- The provisions of the Constitution. In particular, human rights must be respected.
- Police legislation.
If a violation is committed, the measure taken is considered illegal. It is possible to mitigate the punishment applied to the offender. Such provisions are enshrined in Article 4.2 of the administrative law. These include situations when a person voluntarily stops committing actions that violate the law. The violator also helps the inspector in establishing all the circumstances of the violation.
The driver can voluntarily prevent negative consequences. These also include the situation when the order is fully executed until the moment when a decision on an additional violation is made. A large number of drivers prefer to remove the film right at the place where the violation was detected in order to cancel the order.
Validity
Regardless of the period of validity of orders for tinting a car, the owner of the vehicle has the obligation to comply with it.
It is worth pointing out that:
- the claim has no statute of limitations;
- It is best to execute it within ten days from the date of issuance, so that additional enforcement measures are not applied.
The moment of execution of the act in question is directly related to the fact that the violation has been eliminated. In some situations, the deadline for the execution of the act may be less than ten days. For this reason, you should carefully read the instructions.
What to do after receiving
In a situation where the driver has been issued a requirement indicating a violation regarding the use of tint film on a car, he can do:
- Remove the film yourself. This occurs in the place where the inspector discovered a violation. In this way, the car is brought into a state that complies with the law.
- The full operation of the vehicle ceases.
- Tinting is removed in the presence of traffic police officers. After the offender leaves the traffic police post, he re-applies the tint to the car and drives like that until the next inspection.
You can contact the judicial authorities to appeal the decision within ten days after its adoption. It is worth pointing out that the process of checking how dark the car windows are requires the authorized person to comply with a large number of legal norms. When there are inaccuracies or errors in the compiled protocol, this is a plus for the offender.
The order itself cannot be appealed; for this reason, a statement of claim is drawn up about a violation of the law when a traffic police officer made a decision. If the offender is detained again, more stringent measures will be applied to him. This is due to the fact that the initial concerns have not been addressed. In this case, the fine increases to a thousand rubles. It is also worth pointing out that in a situation where the first fine is not paid, the perpetrator may be brought to justice under Article 20.25 of the Code of Administrative Offences. In the latter case, the punishment is provided in the form of arrest of the person. The legislator allows a law enforcement agency to use this measure for up to 15 days.
The rules according to which the check is carried out regarding how dark the car windows are are contained in the legislation. In particular, GOST speaks about this. The air temperature must be taken into account, which should fluctuate within 25 degrees Celsius. It is indicated that this value may be higher or lower than 2 degrees. The importance of atmospheric pressure is also reflected. This figure should be about 101 kPa. Deviations from the established norm can be four units.
Air humidity has its own meaning, it should be about 65 percent, while it can deviate from the norm by 20 percent. Verification activities are carried out through the use of a specialized device called a taumeter. The body of such a device has seals. In a situation where a traffic police officer does not have the specified device, he does not have the authority to use punitive measures against the violator. Similar provisions apply when the inspector does not have the device itself, but a copy of it.
The procedure under consideration is implemented subject to the involvement of witnesses. Otherwise, it is considered carried out illegally. Measurements are taken from three points on the glass. To avoid liability for this violation, motorists use different ways. It is worth pointing out that in this case it will be easier to pay the fine rather than get into an unpleasant situation.
If a motorist believes that a traffic police officer has violated his rights, he has the opportunity to appeal to a judicial authority. The correct direction of action is fully associated with compliance with the provisions of legislative acts. When tinting is applied to all the windows of the car, the driver commits violations of the rules established regarding the use of the vehicle. Such tinting is considered by the law enforcement officer as a malfunction of the vehicle, in which its operation is not permitted.
It is worth paying attention to the aspect according to which tinting itself is not prohibited, which cannot be said about the use of a car with tinting. For this reason, administrative law prohibits driving a tinted car. In such a situation, the inspectorate officer carries out verification measures regarding the transmittance of light and then issues a fine to the violator, if required by law.
Some motorists point out that during a car inspection by an inspector, the vehicle does not move, which means there is no violation of the law. For this reason, they consider the application of punitive measures against them to be illegal. However, if a violation order is not issued after stopping the car, then after the movement resumes, a new offense will be formed. For this reason, the inspector has the right to move five meters forward and stop the car again and issue another penalty. This can go on forever.
If we talk about the illegality of using orders, then we can point out the following argument: legal acts contain procedures and requirements regarding how the procedure for issuing an order should be implemented. To put it simply, it can be noted that when an authorized employee wants to write something out, a special form and procedure must be established for this. A written act or protocol cannot be drawn up regarding an order. This is due to the fact that the legislative provisions do not contain the concept in question. It is worth noting that the definition is not contained specifically in the administrative law, which regulates the field of driving a car.
What to do if you receive a requirement for tinting?
According to their duties, traffic police officers may demand that the driver stop violating the law. If the car is tinted, the inspector may demand that the tinting be removed, and this will prevent repeated violations of the Rules by the driver. Why are such demands illegal, what to do if they have already been issued? Let's talk about the current legislation on these issues.
Car window tinting is allowed
In the Russian Federation, no one prohibited tinting car windows. But many are mistaken, claiming the opposite and not knowing the Rules of the Road.
Here's what they say:
- Any tinting of car windows is allowed if it is stationary and not driving. Moreover, such a car can be tinted with any light transmittance.
- It is allowed to tint windows if, after measurement by a traffic police officer, they transmit more than 70% of the light, subject to the vehicle being used.
You will learn the full text of the rationale for such a permit, and why tinting is not prohibited in Russia, by familiarizing yourself with the basics of regulatory documents.
Legal basis
If you have tinted car front windows that let in less than 70% of the light, you may be issued one of the following documents:
- Request to eliminate the violation.
- Order to remove tint.
These are normative acts of equal importance that pursue the same goal, so in the review we will consider them as synonyms.
The basis of laws for the preparation of such documents are 5 legal acts:
- Technical regulations on transport safety.
- Traffic Laws.
- Police Law.
- Administrative Code.
- Administrative regulations approved by Order 664 of the Ministry of Internal Affairs.
Let's study in more detail what is written in each law. The rules prohibit tinting a car in part of the list of faults for which the car cannot be operated:
- It is allowed to use tinted glass, in accordance with the conditions of GOST 5727-88, except for mirror film.
Traffic regulations make reference to the State Standard. However, it is not valid for 2019 and has been replaced by the Technical Regulations, which establish the conditions for tinting:
- The light transmission of the windshield and side windows is over 70%.
The Code of Administrative Offenses also has its own conditions and liability for non-compliance with the Rules, and makes reference to the Technical Regulations. It establishes a fine of 500 rubles for the presence of prohibited tinting. In addition, the Administrative Code specifies the penalty for failure to comply with the traffic police inspector’s requirement:
- If you disobey a police officer's request, a fine of 500-1000 rubles is issued. In addition, if there are sufficient grounds, the driver can be arrested for a period of up to 15 days.
Article 13 of the Police Law defines the following conditions:
- A police officer has the right to fulfill his duties: to demand that the driver stop breaking the law.
Administrative regulations provide police officers with the following powers:
- Traffic police officers may, when exercising supervision, demand that the driver stop illegal actions.
At first, regarding the issues described in the legislative acts, it may seem that there is logic. Window tinting is a violation of the Rules, and police officers are given the power to demand that the violation be corrected. The Administrative Code provides the right to arrest the driver if he does not comply with legal requirements. However, not all so simple.
Reasons for illegality of demands
We offer some sample requirements:
- Prohibition of violation with subsequent arrest and deregistration of the vehicle.
- On the cessation of illegal actions related to tinting.
- For failure to remove tint on site.
There are two contradictions to the laws in 2019 of the above instructions.
Fulfill the requirement several times over the entire period
The first requirement is to drive a car. We discussed above that this is an indication from the list of conditions when the machine cannot be operated. The Administrative Code also imposes penalties for driving with tinted windows.
The caveat is that usually a termination request is issued against you. But, as discussed above, tinting is allowed and cannot be called a violation. You will be a violation if you drive a car with dark windows that let in no more than 70% of the light. This means that after an inspector stops you, each time you move, you get a new violation.
But during the registration of the demand, the violating car has already been stopped by a police officer - the violation of the law has been stopped. Taking into account the average period of these documents is 10 days or more, the driver will stop several times and comply with this requirement. In other words, it will be executed multiple times per day.
The situation will be different if the demand states the termination of the conditions leading to the violation. Then the employee already knows that the violation is driving a car. Therefore, he makes a more specific demand - to stop actions leading to an offense. It turns out that this comes from the Rules, which contain a list of conditions for prohibiting the operation of a car.
There is also a violation of the law here. Dark glass does not lead to a crime. If this were the case, then the following would be done:
- Prohibit the sale of excessively dark glass film in stores, as it leads to a violation of the law.
- Approve the law and prohibit the consumption of alcoholic beverages, since a drunk person could theoretically drive a car.
However, there is some logic in this, since the only purpose of the machine is to control it, that is, to operate it. Therefore, excessive tinting of the windshield and side windows will lead to violation of laws. Otherwise, why darken the windows if the car won't drive? But the requirement to avoid violation conditions is still illegal . Let's look at the reasons for this.
There are no regulations for filing requirements
In the Russian Federation, law is based on strict compliance with the law. One of the factors for such precision was the order of various procedures and the execution of written papers:
- The protocol is determined by the Code of Administrative Offences, Art. 28.2, issuing a fine - Art. 29.10.
- The procedure for stopping a driver and detaining him is established in the regulations of the Ministry of Internal Affairs, paragraphs 179-188.
- Other administrative actions.
How to draw up requirements is not specified either in the Administrative Code, or in the regulations of the Ministry of Internal Affairs and other regulations. The conversation is about quickly stopping a violation if, for example, a drunken hooligan starts a fight, and a police officer can and is obliged to prevent this action, as well as other similar offenses.
The requirement to remove the tint film has no basis in paperwork. Therefore, it should not be used as evidence in court proceedings.
Even more illegal is the requirement factor such as the period of validity. It is also unclear whether witnesses are needed, a signature on the driver’s document for whom it is issued, and what information needs to be indicated. Despite these reasons for illegality, similar requirements are still issued in Russia.
What to do if a claim is made
We will figure out what to do if, against your submitted justifications that the demands are illegal, they issued it to you.
In this case, the driver has no choice but to remove the tint and not install it until the document expires. There are no other cunning methods to avoid punishment today.
Traffic police inspectors have always been punished for failure to comply with requirements and will continue to do so, even under the following circumstances:
- You removed the tint and then installed it again.
- The same thing, plus paperwork proving that the tint was removed (and then reinstalled).
- If the claim is filed against one car owner, and another driver is detained again. In this case, you can avoid punishment.
Court practice
Here are some practical examples from the work of the judiciary:
- From a court ruling. The driver, after a request was made against him, removed the tint and then installed it again. As a result, the city court canceled the proceedings on the case of failure to comply with the requirement, in accordance with Article 19.3.
- The regional court decided the following. The car owner asked to recognize the requirement issued for tinting as illegal. He provided evidence that the demand was fulfilled because the car stopped. As a result, the driver's request was rejected.
- The district court dismissed the case due to the drawing up of a report on the driver by traffic police officers under Art. 19.3 on the last day before which the request to remove the tint was submitted.
What to do if you receive a prescription for tinting?
Car tinting is a favorite pastime of thousands of motorists . Some hide from the curious glances of passers-by and “neighbors” along the lane, simultaneously covering the interior of the cabin, while others pursue the goal of giving the car a more solid look or protecting the upholstery from fading under the influence of ultraviolet radiation.
Whatever the reasons, legal requirements limit freedom of action in this area . Violation of the law entails a fine or arrest for a certain period.
Let's talk about this in more detail, at the same time we'll figure out what a tinting order is in 2019, whether it's legal and what to do after receiving it.
Requirements for the design of car windows
In 2019, GOST 32565-2013 (instead of GOST 5727-88) regulates the following requirements:
- The light transmittance of the windshield, front and rear side windows is at least 70%;
- If there are 2 rear-view mirrors, the light transmittance of the glass, which provides the driver with visibility from behind, is not standardized;
- Shading of the upper part of the windshield is permissible, with a width of no more than 14 cm.
Violation of the rules for operating a vehicle is grounds for detention.
What does a prescription mean?
What is a tint prescription? This is a written request from an official to eliminate identified violations within a certain period of time, issued to the driver after they have been committed.
An instruction also means a presentation, a decision, a decree. This is directly stated in paragraph 1. Article 19.5 of the Code of Administrative Offenses of the Russian Federation. Compliance with the order is mandatory. The fine for tinting during initial arrest is 500 rubles.
Video: Tinting instructions
The legality of decisions made to the owner of a tinted car
Is it legal to order tint? Quite . This is a separate document issued to the owner of the car after an administrative protocol on violation of the rules of vehicle operation has been drawn up against him (Basis - paragraph 3.1 of Article 12.5 of the Code of the Russian Federation on Administrative Offenses as amended on July 29, 2017).
A period of time is allotted for the fulfillment of the official’s request, which he considers sufficient to eliminate the offense. Usually it is 10 days.
If the order is not fulfilled, upon a second meeting and the driver does not have a certificate of work performed (issued by the company whose specialists removed the film), the employee can hold him accountable, guided by Articles 19.3, 19.5 of the Code of Administrative Offenses of the Russian Federation.
Do traffic police officers have the right to tear off the film at the scene of arrest? Since the order implies a requirement to stop illegal actions - stop violating traffic rules, you can independently remove the film on the spot and move on.
But you will have to pay a fine for tinting . If you do this within 20 days from the date of drawing up the protocol, its size will be reduced by 2 times.
An employee, when making demands to stop illegal actions, is guided by Article 13 of the Federal Law “On the Police”.
Mitigation of punishment
Article 4.2 contains a list of circumstances that mitigate administrative liability:
- Voluntary cessation of illegal actions;
- Assisting the employee in establishing the circumstances of the offense;
- Preventing the negative consequences of an offense by a driver;
- Voluntary execution of an order regarding a violation until a decision is made.
In most cases, it is easier to eliminate the violation on the spot or within the allotted time, thereby removing the order for tinting.
Validity period of the order
Regardless of how long the prescription for tinting lasts, your task is to comply with it. The employee's claim has no statute of limitations.
The order is considered fulfilled when you have eliminated the violation . Usually the period is 10 days, but it may be less.
Actions after receiving a written request to eliminate the offense
What to do if you receive a prescription for tinting? The driver has several options:
- Remove the film on the spot or within the allotted time, bringing the car into compliance with the requirements of GOSTs and technical regulations.
- Stop using the car, which sounds quite absurd.
- Remove the film and stick it again after a certain time until the next meeting with the inspector and the initiation of the next administrative proceeding.
- Appeal the fine in court within the period provided by law (10 days). The procedure for checking the degree of shading of glass for compliance with standards involves compliance with a large number of rules. If there are errors in the protocols, the court may side with you. The order itself is not subject to appeal.
Punishment for stopping again
Repeated prosecution, taking into account the fact that the first requirement to eliminate the violation was not fulfilled (there is no certificate of work performed received at the service station), threatens the driver with a fine of 1,000 rubles.
If the first fine of 500 rubles has not been paid, employees can charge the owner of the car under Part 1. Article 20.25 of the Code of Administrative Offenses of the Russian Federation, which implies punishment up to arrest for 15 days.
How to avoid this? It is enough to pay a fine of 500 rubles (250 for the first 20 days) and remove the tint.
Checking the degree of shading of glass: rules
The rules by which the degree of shading of car windows should be checked are set out in GOST R 8.831-2013, which replaced GOST 27902-88.
Measurement conditions:
- Air temperature: 25 degrees. (±2 degrees);
- Atmospheric pressure – 101 kPa (±4 kPa);
- Relative air humidity – 65% (±20%).
The test is carried out with a certified taumeter with a sealed case . A copy of the certificate or the absence of a measuring device from a traffic police officer does not give the right to impose an administrative penalty on the driver.
The measurement conditions specified above must be met. The procedure is performed in the presence of witnesses . Readings are taken at three points on the glass.
Motorists go to various lengths to try to avoid responsibility for tinting. However, it is easier to pay a fine of 250 or 500 rubles and comply with the requirements of a legal representative of the authorities.
If you believe that bringing you to administrative responsibility was illegal (measurements were not taken/were carried out with violations/the employee exceeded his authority, etc.) – file an appeal.
The best decision remains to follow the requirements of the law. By tinting all windows, the driver violates the rules for operating the vehicle.
“Deaf” tinting is attributed to malfunctions in which driving the vehicle is prohibited.