I received a ticket the other day because the officer determined that my window tint was too dark - in his opinion. I asked him to measure it and he advised that he didn't have to. He did have me roll my window up and down so that he could confirm his initial assessment. He didn't change his mind. Has anyone else ever received a ticket for such a vague law? The law states that you cannot apply a tint that substantially obscures the interior when viewed from outside. My tint is 30% and I believe that this tint moderately obscures, but does not substantially obscure, the interior when viewed from outside. That is what I purchased 6 years ago when I had it applied. I've contacted several companies to price removal of the tint and they all feel that 30% should not be considered as violating the law. I guess my question is, do courts care about my opinion or is it only the police officers opinion that matters. Does it matter that the officer was looking through tinted sunglasses? Most importantly, is there a definition for "substantially obscures".
Section 73(3) Colour coating obscuring interior
Re: Section 73(3) Colour coating obscuring interior
The officer was correct in that they don't have to measure your tint. There aren't tint percentage guidelines in Ontario for what i'm assuming are your driver left and right windows.
There are two ways to look at it.
One, it's up to the officers discretion.
Two, the Highway Traffic Act doesn't exactly say that any tint is legal on driver side windows either.
In this case, "substantially" would probably be whatever the officer deems affects their ability to do their job.
A tint installer will install whatever you want. Anything they do will be "off-road use only."
Re: Section 73(3) Colour coating obscuring interior
Thanks, I appreciate the response. I'm still struggling with this. I have found references in the Highway Traffic Act where something is at the Minister's discretion or the Court's discretion and even the Police Officer's discretion. This isn't one of them. I feel like it's my responsibility to ensure that my vehicle meets the legal requirements and I feel I did that when I purchased the tint initially - notwithstanding how non-specific the requirement is. With 5,800 OPP officers in the province, I'm not sure it's reasonable to leave it to their individual discretion. I think I'll have the tint removed and then, If I'm wrong, I guess I'll just pay the fine. Quick question: If I go to court, are there court expenses that I'd have to pay in addition to the fine? Thanks again,
- FyreStorm
- Sr. Member

- Posts: 274
- Joined: Thu Mar 18, 2010 9:39 am
- Location: The Valley
-
Posting Awards
Re: Section 73(3) Colour coating obscuring interior
Here's my take on it...and as a LEO I write a ton of these.
If I have trouble seeing you so do others including anyone who wants to complain about your driving or perhaps a pedestrian / cyclist who's trying to ensure they've been seen by making eye contact.
No one wants an officer to miss seeing someone texting resulting in serious collision that could have been avoided.
In reviewing the act it doesn't state time of day or atmospheric conditions, so really, any tint makes a huge difference come dusk or night time.
The law was written with police / public safety in mind I gather.
I understand you aren't a fan of officer discretion, but almost everything officers do involves a degree of discretion. Do you charge the speeder? Do you give them a reduction etc.
You are unlikely to have much success in court IMHO.
Take it to a tint shop, have it removed or reduced to 35/50% light transmission and move forward.
Just my 2 cents.
Re: Section 73(3) Colour coating obscuring interior
Well, I had my pre-court interview with the prosecutor this morning and the charge has been withdrawn. Not certain if it was my argument or if he did me a favour or it was considered just a waste of time going to court.
- admin
- Site Admin

- Posts: 1126
- Joined: Tue Nov 13, 2007 4:04 pm
- Location: Guelph, Ontario, Canada
- Contact:
-
Posting Awards
Moderator
Re: Section 73(3) Colour coating obscuring interior
Congrats, that's good to know, I think the tint I have is also 30%.
Similar Topics
-
-
- 73 (2). Colour coating obstructing view prohibited
- Posted in General Talk
- By hugecanucksfan on
- Replies: 2
-
-
-
- Disobey sign and Obscure interior of vehicle.
- Posted in Failing to obey signs
- By jil101ca on
- Replies: 6
-
-
-
- Driver licence colour PIC
- Posted in General Talk
- By viper1 on
- Replies: 4
-
-
-
- What colour is my phone?
- Posted in Hand-held devices
- By Heynow999 on
- Replies: 3
-
-
-
- Section 172 and Section 128
- Posted in Stunt Driving
- By jsiddiqi on
- Replies: 2
-
-
-
- HTA Section 32 (1) and HTA Section 13 (2) Driving with an expired license and faded license plate
- Posted in General Talk
- By Franny on
- Replies: 1
-
-
-
- Contracts of carriage - Section 191.0.1
- Posted in PART 10: Rules of the Road
- By admin on
-
-
-
-
-
-
-
- Aircraft on highways - Section 187
- Posted in PART 10: Rules of the Road
- By admin on
-
-
-
-
-
-
- Regulations, tunnels - Section 183
- Posted in PART 10: Rules of the Road
- By admin on
-
-
-
-
- Deposit of snow on roadway - Section 181
- Posted in PART 10: Rules of the Road
- By admin on
-
-
-
Featured Topics
suspended license, violation of curfew
i lost my license in an accident i had to due my exceeding amount of demerit points. i went to jail and made bail i was put on a curfew of 9am to 9pm stupidly enough i did not follow and i got pulled over for driving with a different cars license plates, no insurance, and violating my curfew... i…
left turn, disobey sign. need help for Friday court!!!
I was charged for disobey sign (no left turn) in a winter noon time around Bay/Edward (the prosecutor/judge said it to be a Absolute liability offences but disobey sign is actually a strict liability offence, right? And I found this: For example, if you made an illegal left-turn where there were…
69 in a 50 downhill.
so got fined with 69km in a 50km, at bottom of hill...didn't even have foot on the gas. first ticket ever in over 10 years of driving. fine was 62$ and 3 points.
cop says take to court and get demerit points reduced. didn't even let me speak and walks away.
what to do>? most everyone goes 20km…
Left Turn (Bathurst & Eglinton)
On my way to work today I got a 110 dollar ticket + 2 demerit points.
I was driving north on Bathurst and turned left onto a side street into a residential area before hitting the lights at Eglinton and Bathurst. I normally do this to avoid the big line up to turn left onto Eglinton.
I've been doing…
Out of range LIDAR?
I need some help guys.
On the 400 extension EB towards Barrie cops like to hide out under an over pass that is Ski Trails Rd. They tag people as the come over the crest of the hill and that is 900m from where this officer was standing.
I'm confused because I knew this, saw the cop, and checked my…
I was involved in a major accident and i don't know if I will be charged or not.
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of…
Improper left turn with Failing to provide Motor owner Title
I got two tickets first for improper left turn and second I was not able to find the owner's title of the car.
I took the left turn from the lane that was supposed to go straight or right (NO signs though). One lane for Left and other for straight or right.
Straight lane was going into a private…
Doing 115 in a 90 Help me out please!!
Today i got caught doing 115 in a 90 at Mayfield and 410 and what I have been reading is that this offence is 3 points. Seeing this is my first offence I'm unsure if the ticket is supposed to I lost 3 points or is that just automatic. Also should I go to fight it to drop the points and just pay the…
Collision Center Reporting - Ticket in the mail?
Hi all,
I was (recently) involved in a traffic accident where, due to icy road conditions, I slid into oncoming traffic while making a right turn, while they were coming towards me and stopping at a stop sign. This was a residential area and there's no way I was exceeding anything over 20KM/h on…
parking, stickers and ins.
hmmm, wondering if someone can give us a bit of info/advise
there's a car that's been parking on the road near my house, 1 door down,
usually on the road and not on the driveway, most of the day and all night,
as per "On-Street Parking: Parking on City streets is limited to three hours, unless…
