TINTED WINDOWS

[redlodge]

Just a normal day. A trip to drop the daughter off at school and wend my to work from Sheffield to Leeds. Traffic pretty light because people are on strike today. Except that is for Mr Plod and His VOSA team of inspectors.
I pulled up at the Tankersly roundabout in sheffield with two traffic plods on posh motorcycles. I looked at him! He looked at me and worded to me.. 'Follow me!' Okay so what had I done.
I was busy thinking about it when he pulled me into the weigh bridge. Funny i am driving a car, can't be over weight I thought, I know I am a bit tubby but it can't show can it?
I pulled in behind him and waited as he climbed off his iron steed.
'The reason I have pulled you over sir,is that I believe your windows are illegally tinted and we wish to check them' 'No problem' i replied thinking what the hell is wrong with my windows, they have been on the car since I bought it new three years ago.
'These gentlemen are from the VOSA vehicle inspectorate, they will use a device to ascertain if you windows are within the legal limit'

The chap puts his little gadget on the window, he says it should read 70% but yours are only showing 35% and they are illegal. 'OH' I said and why is that.
The Plod pipes up, 'Last week a chap with 3% light through his windows knocked down and killed a pensioner because he did not see him as his windows were too dark'.

Right I said, But mine are 35% and I have been driving the car for 3 years with no problems and I can see perfectly well through them even in the dark.
I suffer with migraine and bright light really sets it off, thats why I bought the car with tints.Well he says, you would not dream of driving your car at night with sunglasses on would you?' No I said as it would restrict my vision in the forward direction as well as the side!

I started at this time to get a little miffed. I said if there was a donkey stood in front of me and its back end was that of an ass the that is what the law is!.

He did not like that to say the least. We he said you cannot shoot the messenger. probably not I said. But and a big bloody but! How in hells name am I supposed to know the legal requirement for tinted windows.?
he says, Well how do you know about the laws relating to MOT and lights etc? Becuase I said If I have a light out I would fix it because its dangerous. I would not Murder anyone as its against the law. Common laws which every driver knows about!.

Well tinted windows are the same!, Since when I asked.. Then he gave me this VOSA leaflet which tells you all about it.
Just where in hells name would I get one of those from I asked.' From me he said. I laughed at that point. So I only get one of these leaflets after I have committed an offence that I am not aware I have committed? Yes. Donkeys ASS springs to mind.

Dont you think I said that the dealer I purchased the car from should have told me that the window tints are technically illegal? dont you think that the leaflet really ought to be available at MOT stations so as to advise people that their windows are illegal? should they not have them in the post office so when I tax my car I can pick one up?

I have never seen a leaflet. HAVE YOU?

OH yes the windows are NOT under the MOT! why because the govenment does not want to have the garages up in arms about having to pay for the testing equpiment.

SO YOU HAVE BEEN WARNED!
This has just cost me £30.00 fixed penalty.
I had committed an offence that I was not aware I was committing!

GET YOUR TINTS CHECKED!!
MINE ARE COMING OFF!!

[matchless]

I had heard this thing about tints before, bet the real reason is to do with the scamera pratnerships getting a better view of your face though, or Bliars spy's watching you via sattelite

[Liszt]

There was rather alot in the press and on the news about that when it became law. As always ignorance is no excuse in the eyes of the law.

[mmm-five]

You would probably have not been fined if you had just shut up and taken the warning. You would then be told to remove the tints and that's it!

[Don]

My Vectra has tinted windows - on the car when I bought it.

I believe they're legal. If it turns out they aren't - well - its £30. I can live with that.

Thanks for the heads up.

[BliarOut]

You could politely refuse to accept the penalty and insist on them taking you to court.

Bill Of Rights, 1689. "That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void;"

[g_attrill]

One other thing - the VOSA quite often slap a PG9 prohibition on the vehicle meaning you have to get it towed away. I heard one story where they were "nice" and issued a 1hr delayed prohibition so the person could get the car home - except they were 2hrs from home so they had to get it towed anyway.

Gareth

[J1mmyD]

BliarOut said:

You could politely refuse to accept the penalty and insist on them taking you to court. Bill Of Rights, 1689. "That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void;"

Uh huh - totally correct. So what happens is the court then convicts him, increases the fine to the maximum and makes an order for costs.

It's a strict liability offence - that means that it doesn't matter that you didn't intend to break the law, it's simply enough that the law was broken.

This is all to do with identifying the driver in case of another motoring offence (ie speeding). From memory (and I'm sure your pamphlet will explain this better than I can recall) the level of tint applies to the windscreen and to the front side windows. They are different for each and you cannot rely on your retailer to sell you conforming glass as it's not illegal to sell, only to use.

Sorry for your troubles, but you have no option to pay up. (It's a long time since we last had a Window Tax in this country).

[BliarOut]

J1mmyD said:

Uh huh - totally correct. So what happens is the court then convicts him, increases the fine to the maximum and makes an order for costs.

In that case you pay it.. If you want to play hardball you can, it just depends if you feel the proof would stand up in court.

[J1mmyD]

BliarOut said:

J1mmyD said: Uh huh - totally correct. So what happens is the court then convicts him, increases the fine to the maximum and makes an order for costs. In that case you pay it.. If you want to play hardball you can, it just depends if you feel the proof would stand up in court.

It's not a question of proof. It's a strict liability offence. The windows are too deeply tinted - you are guilty.

[BliarOut]

J1mmyD said:

BliarOut said: J1mmyD said: Uh huh - totally correct. So what happens is the court then convicts him, increases the fine to the maximum and makes an order for costs. In that case you pay it.. If you want to play hardball you can, it just depends if you feel the proof would stand up in court. It's not a question of proof. It's a strict liability offence. The windows are too deeply tinted - you are guilty.

That depends on how the test was carried out. What if the machine is giving a false reading. You are only liable if a court is convinced that they are beyond the legal limit and that the equipment was accurate and correctly used.

Do we know which windows failed etc.

Anyway, can't be arsed to get into it too deeply, but fixed penalties aren't legal unless the BOR was repealed in their drafting as I understand it.

[Dwight VanDriver]

>>>>>>>Anyway, can't be arsed to get into it too deeply, but fixed penalties aren't legal unless the BOR was repealed in their drafting as I understand it. (Blair Out)<<<<<

But like a Conditional Offer a FPN is not a fine. It is a notice OFFERING the OPPORTUNITY of the discharge of any liabiliuty to conviction of the offence to which the notice relates by payment of a fixed penalty. (S 52 (1) RTOA 88)

?

dvd

[_dobbo_]

redlodge said:

GET YOUR TINTS CHECKED!! MINE ARE COMING OFF!!

Can't comment on the legal side of things, but if this car was bought 3 years ago, and had the tints fitted then, I'd be asking has the law changed, or were the illegal at the time of sale.

IF the latter, then I'd be on the phone to the dealer demanding removal of the tints and refitting of legal ones. Might get you no-where but worth a try.

[Deltafox]

Dwight VanDriver said:

>>>>>>>Anyway, can't be arsed to get into it too deeply, but fixed penalties aren't legal unless the BOR was repealed in their drafting as I understand it. (Blair Out)<<<<< But like a Conditional Offer a FPN is not a fine. It is a notice OFFERING the OPPORTUNITY of the discharge of any liabiliuty to conviction of the offence to which the notice relates by payment of a fixed penalty. (S 52 (1) RTOA 88) ? dvd

Dictionary definition of the word Penalty:

Fine or other punishment.

Black and white, its a fine.

[BliarOut]

Dwight VanDriver said:

>>>>>>>Anyway, can't be arsed to get into it too deeply, but fixed penalties aren't legal unless the BOR was repealed in their drafting as I understand it. (Blair Out)<<<<< But like a Conditional Offer a FPN is not a fine. It is a notice OFFERING the OPPORTUNITY of the discharge of any liabiliuty to conviction of the offence to which the notice relates by payment of a fixed penalty. (S 52 (1) RTOA 88) ? dvd

Ah, sort of like blackmail or bribery then




I wonder how clear the fact that this is an "offer" is made at the roadside. Redlodge, was the fact that this is an offer made clear to you?

[vonhosen]

Getting the vehicle PG9'd for illegal tints can & does happen.

[kennyGti]

Law changed in 2004 as I understand it. If you got tints before then that are too dark they should be taken off. That's what a tinter told me when I asked about getting a replacement for the window that was broken when I got knocked out and lost my entire ICE system (Further comments kept to myself).

[wolf1]

As far as I am aware the law only applies to tints on the windscreen and front side windows. The rear windows are not subjuct to this so winnie the pooh etc can live to play another day. Then again I could be wrong.

Have you contacted the dealer who supplied the vehicle with the tints? Might be able to get the job done free of charge etc

[james_j]

matchless said:

I had heard this thing about tints before, bet the real reason is to do with the scamera pratnerships getting a better view of your face though,...

I'm convinced that's the real reason. Safety my ar$se. I can understand objection to very dark windows, but not the existing low legal tint limit.

[Deltafox]

Whats the score on mirror tints?
These dont have to have much of a mirror effect to totally cock up external ID of the driver/s and is helped by the angle of the side glass.