| The Law On Window Tinting | ||
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For between 30% and 45% of light transmission the vehicle is assumed to be unfit for use but not to pose an immediate danger. A delayed prohibition is issued and the owner has up to ten days from the date of issue to remove the tint. At less than 30% the legal position is that driving the vehicle would involve a risk of injury, and the vehicle cannot be moved under its own power from the issuing of the prohibition notice until the tint has been removed. Where It Can Get Fuzzy Whatever an individual's views on window tinting may be, all of this at least has the advantage of being quite clear-cut. But CARkeys is concerned about another aspect of the situation which quickly became apparent when VOSA contacted us to pass on information about these rules, and which coincidentally had been raised a couple of weeks earlier by a reader who had been stopped for having what were considered to be excessively tinted windows. In that particular case we understand that no light meter was used. This is covered by VOSA in the following statement: "If the equipment is not available, a subjective assessment can be carried out. This involves looking at the window outside in and inside out, and if it is obvious that insufficient light is getting through the tint, an immediate prohibition may be issued." That set the alarm bells ringing. Looking for confirmation, we asked these questions: "Does this mean that whoever is carrying out the assessment is legally assumed to be able to tell by eye alone, and without any measuring equipment, whether up to 30%, 30% to 45%, or 45% to 65% of available light is being transmitted through the windows? And could a prosecution and possible fine of up to £2000 result from this? "If measuring equipment exists (presumably because it is required for the job to be done properly) but is not used for whatever reason, how can a serious case be made against the alleged offender? Is VOSA confident that it would win a case that was based on subjective assessment?" VOSA's reply was as follows: "If it is obvious that the visual light transmission is less than the legal requirement and the level of visibility of the surroundings has been obscured to the extent that the 'danger of injury' criterion has been met, then an immediate prohibition may be issued under the Construction and Use Regulations 1986. "If the level of visibility is not obviously dangerous then the officer will advise that the legal requirements may have been breached, thus putting the onus on the owner to investigate further." This Needs To be Got Straight We understand the appeal of tinted windows. We are also keen that safety standards should be maintained at a high level. It must be possible - and is surely desirable - for an acceptable compromise to be reached. But the situation at the moment appears to be that there is a reasonable and straightforward method of enforcing the regulations . . . which in certain circumstances can be replaced by the opinion of someone using their eyes alone with no form of reliable back-up. Different penalties apply for 65% and 75% of light transmission. The latter means the car is legal, the former may lead to a £2000 fine. Do you think you could distinguish between those two levels without properly calibrated measuring equipment? Do you know anyone else who could? The idea behind the laws on window tinting is a laudable one, but there has to be a better way of enforcing them than this.
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