Some Features of Administrative Responsibility for Violation of the Rules of the Light Transmission of Car Windows

Andreev Petr Gennad'evich Senior Educator, the department of Traffic Police Activity, Oryol Law Institute of the Ministry of Internal Affairs of Russia named after V. V. Lukyanov 302027, Russia, Orlovskaya oblast', g. Orel, ul. Ignatova, 2 petya.and@yandex.ru Other publications by this author

The control and supervisory functions of the State Road Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation predetermine the possibility of carrying out operational and preventive measures in order to prevent the formation of road accidents, including mass raids called "Tinting". Their task is to identify violators driving vehicles with installed windows, the light transmission of which is less than 70%, which is prohibited in accordance with GOST 32565-2013 "National Standard of the Russian Federation. The glass is safe for ground transport. General Technical conditions" (3, clause 5.1.2.5.) and entails administrative liability provided for in Part 3.1 of Article 12.5 of the Code of Administrative Offences of the Russian Federation.

It is noteworthy that until November 15, 2014, the commission of an administrative offense under Part 3.1 of Article 12.5 of the Administrative Code of the Russian Federation was the basis for the application of such a measure to ensure proceedings in cases of administrative offenses as the prohibition of vehicle operation. The state registration plate was subject to removal from the vehicle until the tinting film was removed from the windows. Currently, this security measure is not applied; an administrative penalty in the form of a fine of 500 rubles is used ^[1]. Accordingly, the reduction in the level of punishment for this offense encourages further operation of the vehicle with exceeding the limits of tinting.

To combat these offenders, the State Traffic Inspectorate adopts a certain scheme, according to which, when making a decision on an administrative offense under Part 3.1 of Article 12.5 of the Administrative Code of the Russian Federation, the driver of the vehicle is required to eliminate the reasons for bringing to responsibility. This provides an opportunity for police officers to subsequently apply a more severe type of administrative punishment, namely, in case of repeated violation by the same driver of the conditions of movement on a vehicle with tinting, a law enforcement officer has the right to bring to administrative responsibility both for improper light transmission of car windows, and for disobeying a lawful order or request of a police officer in in connection with the performance of his duties to protect public order and ensure public safety (according to Part 1 of Article 19.3 of the Administrative Code of the Russian Federation), for which an administrative fine in the amount of five hundred to one thousand rubles or administrative arrest for up to fifteen days is provided. Practice shows that under the threat of obtaining a prescription, most drivers of vehicles are ready to eliminate all identified shortcomings on the spot.

At the same time, a specific method of action on the form of implementation of such measures is not currently regulated by law. Quite often, in court, there is an appeal against the decisions of traffic police officers about disobeying a lawful order or the request of a police officer to stop operating a vehicle with tinted windows "within a reasonable time". This term is incorrect because its boundaries are not clearly defined – there is no maximum limit or minimum, which can serve as a basis for the termination of an administrative case.

It is impossible not to agree with the opinion of V.V. Barakovsky, who noted the need to resolve the issue of the reasonableness of the time limit for removing tinting from the windows of the car, as well as raising the issue of the legality of the provision of services by private services for applying tinting film on the windows of the vehicle as a change in its technical characteristics ^[4].

The statement of researchers I.A. Trizno and A.S. Khomyakov about insufficient severity of punishment for the use of tinting and high loyalty to its use by drivers of vehicles is legitimate. The degree of responsibility for the violation of the light transmission of vehicle windows does not allow to reduce the level of offenses on the roads. In addition, the provisions of the Administrative Code of the Russian Federation allow you to operate a car with tinting, which comes from the manufacturer ^[5].

The Code of Administrative Offences of the Russian Federation, specifically Article 26.8, defines the strict obligation of Traffic police officers to use special technical means when checking the ability of light transmission of windows of automobile units, the data obtained from which should be reflected in the protocol. The State Register, in turn, included in the list such light measuring devices as:

Tonic (registered No. 44919-10);

Blik-N (registry number 35807-07);

Light (No. 20761-11).

This list is valid as of 2022. Adjustments may be made in the future.

Currently, GOST 27902-88 "Safety glass for cars, tractors and agricultural machinery. The definition of optical properties" has become invalid, and there is no new regulatory act defining the conditions for the light measurement process. Accordingly, the requirements for weather conditions, temperature and humidity, atmospheric pressure are canceled. All responsibility for the accuracy of the data obtained is assigned to the light measuring device and its technical characteristics ^[3].

In the presence of these conditions and requirements, judicial practice is overflowing with unfounded complaints about the actions of traffic police officers of the Ministry of Internal Affairs of Russia for the use of technical measuring devices with violations of the law. Thus, by the decision of the Primorsky District Court of the Arkhangelsk Region dated 06.06.2018 in case No. 12-74/2018, the decision on the case of an administrative offense under Part 3.1 of Article 12.5 of the Administrative Code of the Russian Federation, issued by the traffic Police inspector of the Ministry of Internal Affairs of Russia in Arkhangelsk against citizen N., and citizen N.'s complaint against this resolution is without satisfaction. The bottom line was that the traffic police officers did not present documents indicating that they were trained to measure using a taumeter, as well as confirming that the device with which the indicators are measured has a seal and is intact, it has no external defects. At the same time, the decision clearly states that driving a vehicle whose front side windows do not meet the requirements of the technical regulations on the safety of wheeled vehicles constitutes an administrative offense provided for in Part 3.1 of Article 12.5 of the Administrative Code of the Russian Federation.

In the 21st century, manufacturers in the field of transport infrastructure offer such a type of tinting as rigid or removable tinting. Drivers of vehicles, if necessary, can independently install it or remove it from the windows of cars, which implies that there is a great demand for this device.

The Decree of the Government of the Russian Federation dated 10/23/1993 No. 1090 "On the Rules of the Road" determined that it is prohibited to operate a vehicle on which additional objects are installed or coatings are applied that limit visibility from the driver's seat ^[2]. Accordingly, blinds, removable tinting and other devices that are attached to the windows of the vehicle and restrict the driver's view are prohibited. This can also include tinting, which has mirror properties. If it is not possible to check its light transmission, then it is possible to apply reference norms of legislation.

This provision may be applied by the State Traffic Inspectorate with the explicit use of such devices by drivers in the absence of special measuring instruments by employees. In this case, responsibility comes under Part 1 of Article 12.5 of the Administrative Code of the Russian Federation for driving a vehicle in the presence of malfunctions or conditions under which, in accordance with the Basic Provisions on the Admission of Vehicles to Operation and the duties of officials to ensure road safety, the operation of the vehicle is prohibited.

It is worth noting that the Administrative Code of the Russian Federation does not provide for administrative responsibility for applying any foreign objects to the vehicle windows. Punishment is possible only for the operation of such a car, i.e. for direct movement in such a vehicle, and if this violation is not contained in the Code, then it does not exist a priori. 

It should be noted separately that in 2019, a bill was submitted to the State Duma to invalidate Part 3.1 of Article 12.5 of the Administrative Code of the Russian Federation, as an inappropriate norm to apply on this issue. However, this project has not received further lobbying, which indicates the need to comply with the rules for tinting the windscreen and front side windows of vehicles. Of course, tinting contributes to protection from direct sunlight and from possible glare from the headlights of oncoming vehicles, and according to D.A. Ulitin and L.P. Kuznetsova, its absence entails many negative consequences associated with the durability of the use of interior parts of cars ^[6], however, in our opinion, it also worsens visibility. in the dark and thereby reduces the safety of movement of the car, which is a more weighty argument for its elimination. In addition, a vehicle with viewable windows allows a traffic police officer to exercise his authority to stop the car at a safer level.

Consideration of this issue has shown that it is necessary to adopt a more strict punishment for the operation of vehicles with the presence of tinting, limiting the view for drivers. At the same time, it is worth highlighting a specific norm, without reference to articles defining such administrative offenses.

In order to prevent the driving of vehicles with installed reflective films on the windscreen and front side windows, it is necessary to implement preventive measures more often that will improve overall road safety.