As of 1st January 2004, Section 32 of the Road Vehicles (Construction and Use) Regulations bans all tinted films from being fitted to windows forward of the B-Post on any vehicle that is to be driven on UK roads.

The reason for these changes is the rise 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.

Implications for the vehicle owner

After much discussion, a sympathetic Enforcement Policy has been agreed between the Department for 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 a vehicle that has window tints applied forward of the B-Post could be challenged by either a Police Officer or by an Inspector from the Department for Transport's 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 approved 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 would 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.

Action that needs to be taken

We at Scotglass Ltd previously tinted glass with a less severe window tint but now fully comply with the requirements of Section 32 of the Road Vehicles (Construction and Use) Regulations and no longer tint forward of the B-Post.

Should you have any queries arising form the new amended legislation, please feel free to contact us by e-mail or by calling 01651 872866