Tint law on new vehicles

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Nanuk
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Tint law on new vehicles

by: Nanuk on
Fri Apr 07, 2017 8:10 pm

I was unaware there was a tint law that came into effect for vehicles manufactured post Jan 1 2017. I read the article here :

http://www.cbc.ca/news/canada/windsor/o ... -1.3657694

However I am unable to locate the charge , charge wording, set fine , or relevant sections should someone contravene the 30% tint.

Can anyone help me out here ?




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Nanuk
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by: Nanuk on
Sat Apr 08, 2017 8:24 am

bend wrote:They updated the safety checklist in 2015. If you have a car built after 2017, they check for tint before you can pass.
Yes, I found that checklist. However the Ottawa Police Service Traffic Section has been laying charges for 2017 vehicles with tint exceeding the legal allowable limit. I am at a loss to find the charge for this.. they havent replied to me either.


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Decatur
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by: Decatur on
Sat Apr 08, 2017 8:52 am

The Passenger/Light-Duty Vehicle Inspection Standard of 70% of light transmittance is not roadside enforceable and there is no charge under the HTA based on a percentage for any window covering.

The enforcement section under the HTA is still based on section 73.

Equipment obstructing view
Signs, objects, etc.
73 (1) No person shall drive a motor vehicle upon a highway,

(a) with any sign, poster or other non-transparent material or object placed on the windshield or on any window of such motor vehicle; or

(b) with any object placed in, hung on or attached to the motor vehicle,

in a manner that will obstruct the driver’s view of the highway or any intersecting highway. R.S.O. 1990, c. H.8, s. 73 (1).

Colour coating obstructing view prohibited
(2) No person shall drive a motor vehicle upon a highway where the surface of the windshield or of any window of the vehicle has been coated with any colour spray or other colour coating in such a manner as to obstruct the driver’s view of the highway or any intersecting highway. R.S.O. 1990, c. H.8, s. 73 (2).

Colour coating obscuring interior
(3) No person shall drive on a highway a motor vehicle on which the surface of the windshield or of any window to the direct left or right of the driver’s seat has been coated with any coloured spray or other coloured or reflective material that substantially obscures the interior of the motor vehicle when viewed from outside the motor vehicle. R.S.O. 1990, c. H.8, s. 73 (3).


devilsadvocate
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by: devilsadvocate on
Sat Apr 08, 2017 9:10 am

As usual Decatur nailed it ;)

But OPS are heavy into S.73(3) charges and are definitely using the new safety standards to back it up. It's not a roadside enforcement so much as an objective basis to use as a ground for the charge if challenged in Court.

Ottawa Courts are notorious for not entertaining window tint charges and police are trying to change that attitude.
I am not a lawyer or para-legal: I do not offer legal advice nor should my comments be interpreted as such.
I believe in respecting the law; don't be offended if I don't agree with you.




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