Just like in our last Tricked Out posts, we’ll cover another aspect of vehicle modifications. This time, it’s tinted windows.
To start, in Ontario, the Highway Traffic Act states:
73(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.
This applies to both interior and exterior surfaces. So, if you have any tint on your windows to the left or right of the driver’s seat, you can get a traffic ticket. Unfortunately, there is no scale to determine what acceptable tint is, or what is too dark. So an officer can issue a ticket for this offence at his or her own discretion as long as it can be proven that the tinting “substantially obscures” the interior of the motor vehicle.
We have seen officers articulate that the tint was so dark that they were unable to view inside the vehicle for driver safety issues such as, the driver using a handheld communications device or whether seat belts were being used. The evidence from the officer will be purely a subjective one.
This offence is considered an equipment offence and does not carry any demerit points. Officers typically tend to tack on this ticket with other equipment violations. As always, keeping your vehicle properly maintained and running safely is the best way to avoid unwanted attention from the police.
Every situation is different. Remember you have a right to fight your ticket. At Bulwark Legal Services we provide free consultations. You can go to our website and send us a copy of your ticket. We will help you decide the right course of action to take.
