The Law

The Window tinting Regulation was amended from 1st January 2004.
This Regulation amendment now clearly rules out any tinted
films being applied to driver windows (Front doors).
The Regulation states 70% of visible light must pass through
the drivers windows including any other substrate fitted
to the glass. Many people misunderstand
the regulation and presume that 70% allows a 30% tint - It doesn't! Glass
does not let in 100% of light. Clear glass only
allows approximately 86% of light to pass & the slight tint of standard
manufactured glass varies from the 70% maximum limit up to approx 80% of light
passing through, thus any film being applied to these windows will drop the
light transmissions to below the regulation limit.
If your front windows are tinted to any level you do risk being stopped by
either Traffic Police or VOSA (Vehicle & Operator Services Agency) they
have light meters to test the light that passes through your glass. If you
have a subtle tint fitted then you should just be asked for it to be removed,
if you have dark front door windows you could be told you
cant drive your car any further and face a fine and points on your licence!
This
is the calibrated meter Police use to check the level of
tint on the side of the road. South Coast Tints own and use
exactly the same meter.
Why not pop by our workshop in order
to get your vehicle checked.
Window tinting is classed as a vehicle modification so
you should inform your vehicle insurer. Do be aware that
if you have your front door windows tinted and you have
an accident, it could possibly be a get out clause for
your insurance company?

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Regulation in detail...
Window Tinting - Amendments to legislation
During the early part of 2004, Section 32 of the Road Vehicles (Construction & Use)
Regulations will be amended to include "Window Tint Films" where such
materials attached to the glass are capable of reducing the visible
light transmission of forward windows to below prescribed levels (70%
VLT for front side windows). These changes will be back-dated to become
applicable from 1st January 2004.
This will effectively ban the practice in future of applying virtually
any tinted films to windows forward of the B-Post on any vehicle that
is to be driven on UK roads.
The reasons for these changes is the recent proliferation of vehicles
that are excessively tinted. Some vehicles may be so heavily tinted
that they present a real danger when used on public roads. The action
being taken by the Government follows a fatality that occurred recently
where a heavily tinted car was involved in a collision with a motorcycle
and the window tints were held to blame due to the vision of the driver
being impaired.
There is, however, a recognized difference between "light window
tints" which may be considered safe for road use and "excessively
dark window tints" which are not.
There has also been a great deal of debate in recent years about
the legitimacy of window tints that do not obscure the vision of the
driver. A clear case has been argued that road-safe window tints do
not actually conflict with existing regulations. The Department of
Transport have argued however, that Section 32 was always intended
to cover materials attached to the glass, despite the fact that no
mention of this is made in the Regulation itself. The only solution
remaining would be to amend the Legislation.
Consequently and in order to clarify the solution the Government
have finally decided to up-date the Regulations to specifically include
Tinted Films since, in the view of the Police and the Department of
Transport, this is the only way in which the problems of excessive
tints can be remedied.
Unfortunately however, even tint films that maybe considered to be
safe for road use will now be viewed as in conflict with the Regulations,
enabling the Police and Vehicle Inspectorate to take action against
vehicle owners.
This has significant implications for the owners of vehicles that
have window tints and also those that are responsible for installing
or selling window tints.
Implications for the Installer and Motor Retailer.
From when the amendments to Section 32 come into force, any Motor
Retailer that sells a vehicle that has window tint films applied which
reduce visible light transmission levels to below prescribed levels
forward of the B-Post is committing an offence and runs the risk of
prosecution under Section 75 of the 1988 Road Traffic Act with reference
to Section 41 (which defers to Construction and Use Regulations).
In a similar way, anyone responsible for the fitment of window tints
which reduce visible light transmission level to below prescribed
levels on windows forward of the B-Post is committing an offence and
can also be prosecuted under Section 76 of the 1988 Road Traffic Act.
Implications for the vehicle owner.
After much discussion, a sympathetic Enforcement Policy has been
agreed between the Department of Transport and The Glass and Glazing
Federation to ensure that all vehicle owners that have had tints applied
in the past may be dealt with fairly. This applies in particular where
the infringement is with respect to tints that do not pose a significant
threat to Road Safety, despite being in contravention with the amended
Regulations.
In any event, after the date of the amendment to Section 32, the
owner of the vehicle that has window tints applied forward of the
B-Post is liable to be challenged by either a Police Officer or by
an Inspector from the Department of Transport Vehicle Inspectorate,
where their vehicle is noticed being driven on Public Roads.
Where such a vehicle is stopped and the window tints applied are
such that the visible light transmission level, when measured using
an appropriate device, falls to below prescribed levels, the following
enforcement guidelines have been agreed with and recommended by the
Government.
Above 30% Visible Light Transmission (Less Severe Window Tints)
The owner or driver of such a vehicle will be required to have the
tinted film removed from the windows under the direction of either
a Rectification Notice or a Delayed Prohibition Notice, A period of
grace will apply for a limited number of days (normally ten) during
which time the vehicle may be driven whilst the rectification work
is to be completed. In either case, the vehicle will need to be inspected
by either a Police Officer or Vehicle Inspectorate Officer to confirm
that the glass has been restored to a compliant condition. Prosecution
is unlikely in such circumstances provided the vehicle owner complies
fully.
Below 30% Visible Light Transmission (Excessively dark Window Tints)
The owner or driver of such a vehicle may be issued with an Immediate
Prohibition Notice and immediately
prevented from driving the vehicle on public roads until the tints have been
removed and either a Police Officer or Vehicle Inspectorate Officer confirms
that the glass has been restored to a compliant condition. It is also possible,
depending on the severity of the offence, that the owner may be prosecuted
for driving a vehicle in a non-roadworthy or even a dangerous condition with
the potential for Penalty Points and a Fine.
Driving such a vehicle on public roads before the tints have been
removed and before a Prohibition Notice has been lifted will be a
serious offence and the owner or driver is likely to be prosecuted.
Action that needs to be taken by the Window Tint Installer and Motor
Retailer
Restrictions - From the beginning of 2004, all customers of a Window
Tint Installer or a Motor Retailer that enquire about window tinting
should be informed about the new Regulations. It will be unlawful
to sell them a vehicle that has tints applied toward of the B-Post
and may render the Tinter or Retailer liable to prosecution. The vehicle
may also be deemed to be in a Non-Roadworthy condition leaving the
owner liable to prosecution as well.
The owner of a vehicle that is in a non-roadworthy condition may
find that they void their Insurance Cover if they continue to drive
it on public roads. In the event of an accident, the Insurance Company
may refuse to pay part or all of their claim.
Rectification - All Window Tint Installers and Motor Retailers that
have supplied window tints toward of the B-Post are being asked by
the Government and the Glass and Glazing Federation to contact all
of their previous customers wherever possible, to inform them of the
changes to Legislation and to offer them a chance to have their vehicle
returned to have the front tints removed.
This is most important since this will give every customer a chance
to become informed about the amendments to the Regulations whilst
being able to change their vehicle into a compliant condition before
they may be challenged in the future by a Policeman or an officer
from the Vehicle Inspectorate.
Clear Security Films
Clear Security Films that only marginally reduce Visible Light Transmission
levels on windows forward of the B-Post may be considered to be compliant
with the amended Regulations subject to the quality of the fitment
being to a standard that does not result in the vision of the driver
being obscured in any way.
Note: Tinted windows are not included in the MOT test (Yet), but
the Vehicle and Operator Services Agency (VOSA) have started roadside
checks to make sure tinted windows follow the Road Vehicle (Construction & Use)
Regulations. This regulation, as detailed above, specifies the minimum
levels of light that must pass through the windscreen and front side
windows. South Coast Tints service ensures that your vehicle complies
with the tinted window law and we are happy to answer any questions
you may have on this topic.
SCTints-VosaTinted Windows-Flyer.pdf (4MB)
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